The bill would amend the Penal Code as it relates to prohibiting the reckless discharge of a firearm. Under the provisions of the bill, the reckless discharge of a firearm would be punishable as a Class A misdemeanor or first degree felony depending on the specific circumstances of the offense. The bill would also allow conduct that constitutes an offense under more than one section of code be prosecuted under either section.

A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, 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, in addition to confinement, an optional fine not to exceed $4,000.

Creating a new offense for which a criminal penalty is applied is expected to result in additional demands upon the correctional resources of counties or of the State due to a potential increase in the number of individuals placed under supervision in the community or sentence to a term of confinement within state correctional institutions. In fiscal year 2018, for felony offenses similar to that created by the bill, 783 people were arrested, 199 placed on direct felony community supervision, and 181 were incarcerated. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or the demand for state correctional resources.