The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to protective orders. Under the provisions of the bill, a person would be allowed to file an application for a protective order at a proceeding in which the defendant appears before the court in relation to certain offenses, and the behaviors that constitute the offense of violating certain court orders or conditions of bond would be expanded. Under existing statute, this offense is punishable as a Class A misdemeanor, a state jail felony, or a third degree felony, depending on the circumstances of the offense.
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.
Expanding the set of behaviors for 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. From fiscal year 2018 to 2020, 305 people were arrested, 23 were placed on direct community supervision, and fewer than 10 were admitted to a state correctional institution for the felony offense of violating certain court orders or conditions of bond 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.