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 creating the criminal offense of financial abuse of an elderly individual. Under the provisions of the bill, engaging in certain financial abuse or financial exploitation of an elderly person would be punishable as a felony, with the specific offense degree based on the pecuniary value of the property.
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 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 felony 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.
Creating an offense for which a criminal penalty can be enhanced is expected to result in additional demands on the correctional resources of the counties or of the State due to an increase in the number of individuals placed onto supervision in the community or sentenced to terms of confinement within state correctional institutions. From fiscal years 2018 through 2020, an average of 130 people were arrested, 33 were placed onto felony direct community supervision, and 17 were admitted into a state correctional institution for the third degree felony offense of exploitation of a child, elderly individual, or disabled individual 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.