The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Occupations Code as it relates to the regulation of metal recycling. Under the provisions of the bill, the unlawful sale of regulated materials to a metal recycling entity, or the unlawful purchase of such materials by a recycling entity, would be punishable as a state jail felony or, in the event of previous convictions for the offense, as a third-degree felony. Under existing statute, these offenses are punishable as a Class A misdemeanor or, in the event of previous convictions for the offense, as a state jail felony.
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.
Increasing the penalty for an offense 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, 10 people were arrested, fewer than 10 were placed under direct community supervision, and fewer than 10 were admitted into a state correctional institution for the unlawful sale or purchase of certain regulated materials 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.