The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Code of Criminal Procedure making possession or promotion of child pornography ineligible for judge ordered community supervision.  The bill would also 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 five to 99 years, a second-degree felony for two to 20 years, and a third-degree felony for two to ten years.  In addition to confinement all felony level offenses are subject to an optional fine not to exceed $10,000.

 
In fiscal year 2014, 253 people were arrested, 55 were placed under felony community supervision, and 99 were admitted to 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 to state correctional institutions for promotion of child pornography. Assuming sentencing patterns and release policies not addressed in this bill remain constant this analysis assumes the bill's provisions would not result in a significant impact on state correctional agencies.