The provisions of the bill addressed by this analysis would amend various codes as they relate to the criminal offense of fraudulent securing of document execution. Under the provisions of the bill, the definition of the offense would be amended. Under existing statute, fraudulent securing of document execution is punishable at the felony and misdemeanor level with the punishment based 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; 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 are also subject to a $10,000 fine. 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. A Class C misdemeanor is punishable by a fine not to exceed $500 (up to 180 days of deferred disposition and no confinement).
Expanding the list of behaviors for which a criminal penalty can be applied is expected to result in additional demands on the counties and on the State due to an increase in individuals placed under community supervision or sentenced to a term of confinement within state correctional institutions. From fiscal years 2018 through 2020, 57 individuals were arrested, 70 were placed under community supervision, and fewer than 10 were admitted into state correctional institutions for fraudulent securing of document execution offenses under existing statute. This analysis assumes implementing the provisions of the bill would not result in a significant impact on the demand for state correctional resources.