Bills that Increase Penalties

Passed:

HB 99 Sex Offender Restrictions Amendments increases the penalty for repeat offenders of sex offender registry location restrictions from a class A misdemeanor to a third degree felony.

HB 313 Suspect Metal Amendments adds the theft of 25 pounds of a suspect metal item to the list of offenses that can be charged as a third degree felony. It was substituted on the Senate floor to exclude lead batteries from the increased penalty. We spoke against this bill in both of its committee hearings, testifying that raising the penalty would not serve as a deterrent and the bill does not target those committing the theft, just those in possession. Despite our testimony, the bill passed both bodies.

HB 339 Crime Penalty Amendments raises the penalty of vandalism on public lands from a class B misdemeanor to a class A misdemeanor for a second or subsequent offense. This bill originally tried to raise the penalty for first-time offenses as well, but we worked with the sponsor to narrow its application to repeat offenses.

HB 347 Ballot Drop Box Amendments increases the criminal penalty relating to taking, carrying away, concealing, removing, or destroying a ballot drop box or the contents of a ballot drop box from a class A misdemeanor to a third degree felony.

HB 370 Utility Infrastructure Amendments makes the criminal offense of destroying, damaging, or tampering with a critical infrastructure facility a first degree felony if done intentionally and knowingly or a second degree if done recklessly. It also makes it a criminal offense to impersonate a critical infrastructure facility officer or employee, a violation of which is a class A misdemeanor but can be charged as a third degree felony if the actor intends to commit terrorism or sabotage. We worked with the sponsor and representatives from  energy and power companies to include language requiring widespread damage or injury for the heightened penalty to apply. Although we still had concerns about the bill, we didn’t outrightly oppose the substitute that made this change.

Failed:

HB 129 Prohibited Correctional Facility Items would have increased the penalty for transporting, providing, selling, or possessing a communication device at a correctional facility to a third degree felony. We spoke against this bill in committee and although it passed the House vote, it failed to receive the funding needed for final passage.