Honorable Senfronia Thompson, Chair, House Committee on Licensing & Administrative Procedures
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2285 by Parker (Relating to the regulation of and criminal offenses occurring near certain child-care facilities and age restrictions on persons employed by or allowed on the premises of a sexually oriented business; creating criminal offenses; increasing criminal penalties.), As Introduced
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to offenses for which punishments could be enhanced when they occur near certain locations or involve certain victims. Under the provisions of the bill, a general residential operation would be included as a location type on the basis of which the punishment for such offenses could be enhanced. Under existing statute, these offenses range from a Class B misdemeanor through a first-degree felony.
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 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.
Expanding the set of behaviors for which the punishment for a criminal offense may 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 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 under felony community supervision or incarcerated within state correctional institutions. From fiscal year 2018 through 2020, 248,029 people were arrested, 44,092 were placed under direct community supervision, and 48,766 were admitted into a state correctional institution for the felony offenses which, under existing statute, could be enhanced under the bill's provisions. Whether the bill would result in a significant population impact is indeterminate due to the lack of information on the number of cases of these offenses which occurred in, on, or near a general residential operation. This information is necessary to separate the cases which could have been enhanced under the bill's provisions from all other cases.