The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Government Code making offenders serving a sentence for possession or promotion of child pornography ineligible for release on parole until their actual calendar time served, without consideration of good conduct time, equals one-half of their sentence. The bill would also amend the Penal Code to enhance possession of child pornography from a third degree to a second degree felony and the promotion of child pornography from a second degree to a first degree felony.

A first degree felony is punishable by confinement in prison for life or 5 to 99 years, a second degree felony for 2 to 20 years, and a third degree felony for 2 to 10 years. In addition to confinement all felony level offenses are subject to an optional fine not to exceed $10,000.

Enhancing the penalty for any criminal offense or increasing the amount of time an offender with a certain sentence must serve before being eligible for release to parole supervision is expected to result in increased demands upon the correctional resources of counties or of the state due to longer terms of supervision in the community or longer terms of confinement state correctional institutions. In fiscal year 2014, 253 people were arrested, 55 were placed under felony community supervision, and 99 were admitted into state correctional institutions for possession of child pornography. In fiscal year 2014, 54 people were arrested, fewer than ten were placed under felony community supervision, and fewer than ten were admitted into state correctional institutions for promotion of child pornography. This analysis assumes the bill's provisions would not result in a significant impact on state correctional agencies.