The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to certain conduct engaged in while participating in a riot and to restitution for property damage resulting from participating in a riot. Under the provisions of the bill, a riot offense could be punishable as a state jail felony if the actor knowingly committed or attempted to commit certain assaultive offenses against a person the actor knew was a first responder. Under existing statute, the offense of riot is punishable as a Class B misdemeanor.
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 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.
Enhancing 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, 359 people were arrested and fewer than 10 were placed on direct community supervision for the misdemeanor riot offense under existing statute which, under the provisions of the bill, could be enhanced to a state jail felony. 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.