The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to a defendant's criminal responsibility for the conduct of a coconspirator in a capital murder case. Under the provisions of the bill, if a capital murder is committed by a coconspirator in the attempt to carry out a felony, a conspirator would be guilty of capital murder in certain circumstance as outlined in the bill's provisions.   

A capital felony is punishable by death, life in prison, or life in prison without parole. Life in prison or life in prison without parole are the only punishment options available for individuals who commit a capital felony when younger than 18.

From fiscal years 2018 through 2020, an average of 337 people were arrested and 72 were admitted into a state correctional facility for capital murder under existing statute. The number of cases where the conspirator was a major participant, acted with reckless indifference to human life, and the capital murder was committed in furtherance of an unlawful purpose as outlined in the bill is indeterminate because data are not available to differentiate those cases from all other capital murder cases. 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.