The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to the offense of racing on highway. Under the provisions of the bill, knowingly allowing another person to use one's motor vehicle to engage in conduct prohibited under the racing on highway offense would also be prohibited and, under certain circumstances, the offense would be eligible for a penalty enhancement. Under current statute, racing on highway is punishable as misdemeanor or a felony, depending on the circumstances of the offense.
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 Class A misdemeanor punishment. 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. 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 list of behaviors for which a criminal penalty can be 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 under supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal year 2018 to 2020, 3,759 people were arrested, 510 were placed onto direct community supervision, and 12 were admitted into a state correctional institution for the offense of racing on highway 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.