Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
John McGeady, Assistant Director Sarah Keyton, Assistant Director
Legislative Budget Board
SB315 by Hughes (Relating to the prosecution of organized criminal activity involving the interception, use, or disclosure of certain communications.), As Introduced
The provisions of the bill addressing felony sanctions are the subject of this analysis. Under the provisions of the bill, the offense of the unlawful interception, use, or disclosure of certain communications would be enhanced to the next higher category if it was committed with the intent to participate in a criminal street gang. The unlawful interception, use, or disclosure of certain communications is currently punishable by a state jail or second degree felony with the punishment based on the specific circumstances of the offense.
A first degree felony is punishable by confinement in prison for a term from 5 to 99 years or life, a second degree felony is punishable by confinement in prison for a term of 2 to 20 years, a third degree felony is punishable by confinement in prison for a term of 2 to 10 years, and a state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A Misdemeanor punishment. In addition to confinement, these felony offenses are subject to an optional fine not to exceed $10,000.
Increasing the penalty for any offense is expected to result in additional demands upon the correctional resources of the counties or of the state due to longer terms of supervision in the community or longer terms of confinement in state correctional institutions. In fiscal year 2018, 22 people were arrested, fewer than ten people were placed under felony community supervision, and fewer than ten people were admitted into state correctional institutions under the provisions of the bill subject to an increased penalty. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or the demand for state correctional resources.
WP, JPo, LM