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 offenses of false alarm or report and unlawful disclosure of residence or telephone number.  Under the provisions of the bill, false alarm or report would be punishable as a third degree felony if an action taken by law enforcement results in serious bodily injury or as a second degree felony if such an action results in death of any person. Under existing statute, false alarm is punishable as a Class A misdemeanor or state jail felony based on the specific circumstances of the offense.  Additionally, under the provisions of the bill, unlawful disclosure of residence address or telephone number as outlined in the bill would be punishable as a misdemeanor. Unlawful disclosure of the residence address or telephone number of a public servant in retaliation under existing statute is punishable as a state jail felony depending on the circumstances of the offense. 

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 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. A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and in addition to confinement, an optional fine not to exceed $2,000.

Enhancing the criminal penalties for an offense or creating an offense 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 558 people were arrested, 36 were placed onto community supervision, and fewer than ten were admitted into a state correctional institution for false alarm or report under existing statute. From fiscal years 2018 through 2020, an average of fewer than ten people were arrested, placed onto community supervision, or admitted into a state correctional institution for the unlawful disclosure of the residence address or telephone number of a public servant in retaliation 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.