The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Penal Code to add certain offenses to the list of those for which punishment is increased to the next higher category if it is found at trial the offense was committed in a disaster or evacuated area.  The bill precludes an increase to the next higher category if the offense is punished by a first-degree felony.

A second-degree felony is punishable by confinement in prison for two to 20 years and a third-degree felony by confinement in prison for two to 10 years. A state jail felony is punishable by confinement in a state jail for 180 days to two years or Class A Misdemeanor punishment (mandatory post-conviction community supervision). In addition to confinement certain felony level offenses are subject to an optional fine not to exceed $10,000. A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000.

Increasing the penalty for any criminal offense is expected to result in additional demands upon the correctional resources of counties or of the State due to longer terms of supervision in the community or longer terms of confinement in state correctional institutions.  The bill may have a negative population impact by increasing the number of people on felony community supervision or incarcerated within state correctional institutions. Whether the bill would result in a significant increase in correctional populations cannot be determined due to the lack of data or information related to areas which would be impacted by future disasters or evacuations and would therefore make certain offenses eligible for the penalty enhancements outlined in the bill's provisions.  In fiscal year 2018, 901 people were arrested, 141 were placed under felony community supervision, and 378 were admitted into state correctional institutions for the offenses in which the punishment would be increased if committed in a disaster or evacuated area.