The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to pretrial procedures, conditions of community supervision, and criminal punishment for conduct endangering the public safety. Under the provisions of the bill, conditions for community supervision would be altered, pretrial procedures would be amended, the criminal offense of unlawful use of fireworks would be created, and criminal penalties would be increased for offenses related to certain behaviors endangering public safety.
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.
Creating an 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, 100 individuals were arrested for the various degrees of riotous behaviors under current statute (74 for the Class B misdemeanor, 5 for the Class A misdemeanor, 12 for the state jail felony, and 9 for the second degree felony). From fiscal years 2018 to 2020, fewer than 30 people were placed onto direct community supervision and fewer than 30 people were admitted into a state correctional institution for riotous behaviors 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.