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 criminal conduct that endangers law enforcement. Under the provisions of the bill, exploding or igniting fireworks under specific conditions related to law enforcement presence would be punishable as a state jail felony unless criteria for enhancement to a second or first degree felony are met. The bill also provides for punishment enhancement for illegal use of laser pointers involving injury to a peace officer. This offense is currently punishable as a Class C misdemeanor. The penalty enhancement for related conduct that results in bodily injury to a peace officer would be punishable as a felony of the third degree under the provisions of the bill. The penalty enhancement for related conduct that results in serious bodily injury to a law enforcement officer would be punishable as a felony of the first degree.
A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional fine not to exceed $10,000. A second degree felony is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000. A third degree felony is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A misdemeanor punishment. A Class C misdemeanor is punishable by a fine not to exceed $500 (up to 180 days of deferred disposition and no confinement).
Creating a criminal offense 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 on felony community supervision or incarcerated within state correctional institutions. Whether the bill would result in a significant population impact is indeterminate due to the lack of information on the number of individuals who have violated the provisions related to use of fireworks or laser pointers harming a peace officer and resulting in bodily injury. This information is necessary to identify the cases affected by the provisions of the bill from all other criminal conduct cases.