Honorable Paul Bettencourt, Chair, Senate Committee on Local Government
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB252 by Bettencourt (Relating to certain criminal offenses, punishments, and procedures; creating a criminal offense; increasing a criminal penalty.), As Introduced
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 abuse of official capacity. Under the provisions of the bill, a public servant would commit an offense if, with intent to obtain or bestow a benefit or to harm or defraud another, the person intentionally or knowingly misused non-governmental personal property or anything of value as outlined in the bill. Under existing statute, abuse of official capacity is punishable as a misdemeanor or a felony with the punishment based on the pecuniary value of the use of the item misused and 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 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.
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 under supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal years 2018 to 2020, 28 people were arrested, fewer than ten were placed onto direct community supervision, and fewer than ten were admitted into a state correctional institution for felony offenses of abuse of official capacity under existing statute. This analysis assumes 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.