Honorable Robert Nichols, Chair, Senate Committee on Transportation
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB935 by West (Relating to an exception to the titling requirement for certain vehicles; creating a criminal offense.), As Introduced
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to an exception to the titling requirement for certain vehicles and creating a related criminal offense. Under the provisions of the bill, engaging in certain behaviors with regard to the title requirements for vehicles for certain vehicles would be a criminal offense punishable by a misdemeanor or felony with punishment based on the specific circumstances of the offense. Under current statute, similar salvage title-related offenses are punishable as a Class C misdemeanor, Class B misdemeanor, state jail felony, or third degree felony.
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, and 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. A Class C misdemeanor is punishable by a fine not to exceed $500 (up to 180 days of deferred disposition and no confinement).
Creating a offense 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. In fiscal years 2018 through 2020, less than 10 individuals were arrested, less than 10 individuals were placed on direct community supervision, and less than 10 individuals were admitted to a state correctional institution for applying for a title for a nonrepairable motor vehicle 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.