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 fraudulent use or possession of identifying information. Under the provisions of the bill, a person who uses a materially false or misleading statement regarding the availability, provision, or distribution of a vaccine to obtain identifying information would commit an offense which could be enhanced to the next higher category of offense depending on the specific circumstances of the offense.
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 are 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.
Expanding the circumstances for which a criminal penalty can 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 the length of supervision of individuals placed onto supervision in the community or length of stay of individuals sentenced to terms of confinement in state correctional institutions. From fiscal years 2018 through 2020, an average of 4,005 people were arrested, 588 were placed onto felony direct community supervision, and 679 were admitted into a state correctional institution for fraudulent use or possession of identifying information under existing statute. The bill may have a negative population impact by increasing the length of stay of people on felony direct 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 cases where the actor used a false or misleading statement regarding a vaccine to obtain identifying information. This information is necessary to identify the cases affected by the provisions of the bill from all other fraudulent use or possession of identifying information cases.