The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code as it relates to obstruction or retaliation. Under the provisions of the bill, the offense would be punishable as a second degree felony if the victim was harmed or threatened because of the victim's service or status as a public servant. Under existing statute, the offense is punishable as a third degree felony.
A second degree felony is punishable by confinement in prison for a term from 2 to 20 years, and a third degree felony is punishable by confinement in prison for a term from 2 to 10 years. In addition to confinement, most felonies have an optional fine not to exceed $10,000.
Expanding the set of behaviors that allow for enhanced punishment for a criminal offense could result in additional demands on the correctional resources of the counties or of the State due to an increase in individuals placed under supervision in the community or sentenced to 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. From fiscal year 2018 through 2020, 4,578 people were arrested, 584 were placed on direct community supervision, and 708 were admitted into a state correctional institution for the felony offense which, under the provisions of the bill, could be enhanced in certain circumstances. Whether the bill would result in a significant population impact is indeterminate due to the lack of information that would allow identification of cases in which the victims were public servants.