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 increasing the criminal penalty for certain offenses committed in retaliation for or on account of a person's service or status as a public servant. Under the provisions of the bill, punishments for certain offenses would be increased to the next higher category of offense if shown at trial that the victim was a public servant, the relative of a public servant, or the offense involved property belonging to a public servant. For any such offenses punishable under existing statute as a Class A misdemeanor, in lieu of enhancement to a felony, the mandatory minimum term of confinement would be increased to 180 days. Under existing statute, the offenses which could be enhanced, under the provisions of the bill, range from a Class C misdemeanor through a second degree felony.
A second degree felony is punishable by confinement in prison for a term from 2 to 20 years; a third degree felony is punishable by confinement in prison for a term from 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 a class A misdemeanor. In addition to confinement, most felonies have 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. A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and in addition to confinement, an optional fine not to exceed $2,000. A Class C misdemeanor is punishable by a fine not to exceed $500 (up to 180 days of deferred disposition and no confinement).
Expanding the set of behaviors that allow for enhanced punishment for a criminal offense is expected to 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, 18,752 people were arrested, 2,387 were placed on direct community supervision, and 2,946 were admitted to a state correctional institution for the state jail, third degree, and second degree felony offenses 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, relatives of public servants, or cases involving the property of public servants.