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SPONSOR: |
McSorley |
DATE TYPED: |
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HB |
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SHORT TITLE: |
Criminal Damage to Property Penalties |
SB |
868 |
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ANALYST: |
Fox-Young |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
|
0.1 Minimal (See Narrative) |
Recurring |
|
|
|
|
|
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
Conflicts with HB 596
(Equitable Sentencing Schedule—conflicting penalties)
Responses
Received From
Administrative
Office of the Courts (AOC)
Attorney
General (AG)
Corrections
Department (CD)
Administrative
Office of the District Attorneys (AODA)
Public
Defender Department (PDD)
SUMMARY
Synopsis
of Bill
Senate Bill 868 amends 30-15-1, increasing
penalties for the offense of criminal damage to property. Currently, criminal damage to property is a
petty misdemeanor when the value of the damage is not more than $1000, and all
other criminal damage to property constitutes a fourth degree felony. The bill provides that:
FISCAL IMPLICATIONS
The
Corrections Department (CD) notes that the provisions of the bill will likely
increase the number of cases in which the total time served for multiple
misdemeanor convictions shall exceed one year.
In such cases, offenders serve time in department prisons. CD estimates that the fiscal impact to the
department will likely be minimal, as the number of multiple misdemeanor convictions
and the increase in offenders serving supervised probation will likely be
small.
The
Attorney General (AG) notes a potential increase in the appellate
caseload. AG, the courts, PDD and
district attorneys may see slight increases in costs as a result.
CONFLICTS
Conflicts with HB 596
(Equitable Sentencing Schedule). HB 596
provides that penalties for criminal damage to property are as follows:
A petty misdemeanor where the monetary amount
involved is $100 or less;
A misdemeanor where the amount involved is over
$100 but not more than $1,000;
A fourth degree felony where the amount involved
is over $1,000 but not more than $2,500;
A third degree felony where the amount involved
is over $2,500 but not more than $20,000;
And a second degree felony where the amount
involved is over $20,000.
TECHNICAL ISSUES
AG notes that the minimum jail sentence
contained in subsection C can be read to apply to any conviction for criminal
damage to property. AG recommends
clarifying the language, as the application of the minimum sentence to
misdemeanors but not to fourth degree felonies appears to be inconsistent and
the application of the penalty to petty misdemeanors may not be intended.
JCF/prr