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 kidnapping, unlawful restraint, and smuggling of persons. Under the provisions of the bill, the behaviors that constitute the offense and form the basis for the enhancement of penalties for the offense would be expanded. Under current statute, these offenses are punishable at the first, second, and third degree felony levels.
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, and a third degree felony is punishable by confinement in prison for a term from 2 to 10 years. In addition to confinement, most felonies can be subject to an optional fine not to exceed $10,000.
Expanding the set of behaviors 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 year 2018 to 2020, 1,450 people were arrested, 96 were placed on direct community supervision, and 52 were admitted to a state correctional institution for kidnapping, unlawful restraint, and smuggling of persons 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.