The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to the offense of trafficking of persons. Under the provisions of the bill, engaging in certain sexual conduct with a trafficked person would be punishable as a second degree or state jail felony with the punishment based on the specific circumstances of the offense. Under existing statute, trafficking is punishable as a first or second-degree felony, depending on the circumstances of the offense.
A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years; a second degree felony is punishable by confinement in prison for a term from 2 to 20 years; 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, most felony offenses are subject to an optional fine not to exceed $10,000.
Expanding the list of behaviors for which a criminal penalty can be applied is expected to result in additional demands upon the correctional resources of counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal year 2018 to 2020, 108 people were arrested, fewer than 10 were placed onto direct community supervision, and fewer than 10 were admitted to a state correctional institution for the offense of trafficking of persons under existing statute. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.