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 the definition of coercion for trafficking of persons offenses. Under the provisions of the bill, the definition of coercion would be expanded to include certain circumstances that impair the ability of a trafficked person with a chemical dependency to appraise the nature of or resist engaging in performing or providing labor or services. Under existing statute, trafficking of persons is punishable as a first or second degree felony 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 and a second degree felony is punishable by confinement in prison for a term from 2 to 20 years. In addition to confinement, most felonies can be subject to an optional fine not to exceed $10,000. 

Expanding the circumstances 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 onto supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal years 2018 through 2020, an average of 60 people were arrested, fewer than ten were placed onto felony direct community supervision, and fewer than ten were admitted into a state correctional institution for trafficking of persons offenses 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.