The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to provide a defense to prosecution for certain weapons-related offenses for certain first responders licensed to carry a concealed handgun.

Under current law certain, unlawful carrying of a weapon, unlawful carrying of a weapon in prohibited places, and unlawful carrying of a handgun by a licensed holder offenses are punishable as a third degree felony in certain circumstances. 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.

Allowing for a defense to prosecution is expected to result in decreased demands upon the correctional resources of counties or of the state due to shorter terms of probation or shorter terms of confinement in state correctional institutions. In fiscal year 2014, 183 people were arrested, 37 were placed under felony community supervision, and 37 were admitted to state correctional institutions for unlawful carrying of a weapon. In fiscal year 2014, 581 people were arrested, 30 were placed under felony community supervision, and 10 were admitted to state correctional institutions for the offense of unlawful carrying of a weapon in a prohibited place. In fiscal year 2014, 17 people were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10 were admitted to state correctional institutions for the offense of unlawful carrying of a handgun by a licensed holder.

Data are not available to indicate which persons included in the figures above would be subject to the bill's defenses to prosecution. However, this analysis assumes the bill's provisions would not result in a significant impact on state correctional populations, programs, or workloads.