The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Penal Code to eliminate certain circumstances where it is an offense for a person with a concealed handgun license to carry a handgun. The bill would also reduce the penalty from a third degree felony to a Class A misdemeanor for certain circumstances where it is an offense for a person with a concealed handgun license to carry a handgun.

A third degree felony is punishable by confinement in prison for a term of two to ten years and 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/or a fine not to exceed $4,000.

Reducing the circumstances in which a criminal penalty is applied and reducing the punishment for an existing offense is expected to decrease demands on state and/or county correctional agency resources due to few people placed under felony community supervision and admitted into state correctional institutions.  In fiscal year 2014, 17 people were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10 were admitted into state correctional institutions for unlawfully carrying a handgun by a license holder.  In fiscal year 2014, 565 people were arrested, 28 were placed under felony community supervision, and 10 were admitted into state correctional institutions for unlawfully carrying a weapon in a place where weapons are prohibited. This analysis assumes the bill's provisions related to the offense of smuggling of persons would not significantly impact state correctional populations, programs, or workloads.