The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Elections Code as it relates to election practices and procedures. Under the provisions of the bill, coercion against candidacy would be expanded to include any election from only those elections subject to the referenced subchapter and would be punishable as a Class A misdemeanor unless the intimidation or coercion is a threat to commit a felony, in which event it is a felony of the third degree. Under existing statute, coercion against candidacy is punishable as a Class A misdemeanor unless the intimidation or coercion is a threat to commit a felony, in which event it is a felony of the third degree.
A third degree felony is punishable by confinement in prison for a term from 2 to 10 years. A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in a county jail for a term not to exceed one year, or both.
Expanding the situations under 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 under supervision in the community or sentenced to a term of confinement within state correctional institutions. In fiscal years 2018 through 2020, fewer than ten people were arrested, fewer than ten people were placed on direct community supervision, and fewer than ten people were admitted to a state correctional institution for coercion against candidacy 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.