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 offense of trafficking of persons. Under the provisions of the bill, the offense of trafficking of persons would be punishable as a first degree felony under certain circumstances. Under current statute, trafficking of persons is punishable as a second degree felony.
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 are subject to an optional fine not to exceed $10,000.
Increasing the penalties for an existing criminal 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. In fiscal years 2018 through 2020, fewer than 10 people were arrested for trafficking of persons, fewer than 10 people were placed under direct community supervision, fewer than 10 people were admitted to a state correctional institution for trafficking of persons 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.