The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Occupations Code as it relates to creating the criminal offense of impersonating a private investigator. Under the provisions of the bill, a person who impersonates a private investigator as outlined in the bill would commit a Class A misdemeanor which could be enhanced to a third degree felony if the defendant was previously convicted of impersonating a private investigator. Under existing statute, violations of certain provisions of the Occupations Code for which a specific criminal penalty is not prescribed are punishable as a Class A misdemeanor or a third degree felony based on the specific circumstances of the offense.   

A third degree felony is punishable by confinement in prison for a term from 2 to 10 years. In addition to confinement, most felonies can be 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 is 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 onto supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal years 2018 through 2020, an average of fewer than ten people were arrested, placed onto community supervision, or admitted into a state correctional institution for violations of certain provisions Occupation Code for which a specific criminal penalty is not prescribed. 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.