The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to the offense of obstruction of a highway or passageway. Under the provisions of the bill, if the offense of obstructing a highway or passageway is committed in the furtherance of racing on a highway or a reckless driving exhibition, it would be punishable as a state jail felony. Under existing statute, the offense of obstruction of a highway or passageway 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 and, in addition to confinement, an optional fine not to exceed $10,000 or Class A misdemeanor punishment. 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 a criminal offense could result in additional demands on the correctional resources of the counties or of the State due to an increase in individuals placed under supervision in the community or sentenced to terms of confinement in state correctional institutions. The bill may have a negative population impact by increasing the number of people on felony community supervision or incarcerated within state correctional institutions. From fiscal year 2018 through 2020, 1,623 people were arrested and 9,205 were placed on direct community supervision for the misdemeanor offense which, under the provisions of the bill, could be enhanced to a state jail felony. Whether the bill would result in a significant population impact is indeterminate due to the lack of information on the number of cases in which the obstruction was committed in furtherance of racing on a highway or a reckless driving exhibition. This information is necessary to identify only those cases which would be subject to the bill's enhancement provisions.