Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB645 by Huffman (relating to the designation of fentanyl poisoning for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.), Committee Report 1st House, Substituted
The bill would clarify penalty levels for certain felony controlled substance offenses as first degree felonies and clarify the applicability of the penalty enhancement for committing the offense while engaging in organized criminal activity. The bill would increase the penalty for manufacture or delivery of a Penalty Group 1-B controlled substance of less than one gram from a state jail felony to a third degree felony, and if the offense is committed in a drug-free zone, increase the minimum term of confinement by five years and double the maximum fine. The bill would add unlawful possession with intent to deliver a Penalty Group 1-B controlled substance to the list of offenses subject to the penalty enhancement for committing the offense while engaging in organized criminal activity.
Expanding the conduct for a penalty enhancement and increasing the penalty for an existing offense may result in additional demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement.
In fiscal year 2022, there were 2,545 individuals arrested, 135 individuals placed on adult community supervision, 35 individuals placed on juvenile supervision, and 112 individuals admitted into an adult state correctional institution for any of the offenses which, under the provisions of the bill, would be subject to increased penalties or could be subject to potential penalty enhancements. There were 13 individuals admitted into a juvenile state correctional facility for manufacture, delivery, or possession of a controlled substance or marihuana, but it is unknown if these offenses would meet the criteria for increased penalties under the bill's provisions.
It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.