The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code as it relates to the carrying of concealed or holstered handguns by certain handgun license holders attending a meeting of the board of trustees of a school district or the governing body of an open-enrollment charter school. Under the provisions of the bill, defenses to prosecution would be available, in certain circumstances, for select weapons related offenses. Under existing statute, the offense of carrying a weapon in places where it is prohibited is punishable as a third degree felony.  A third degree felony is punishable by confinement in prison for a term of 2 to 10 years and an optional fine not to exceed $10,000.

Exempting certain individuals from prosecution for certain weapons offenses is expected to result in fewer demands upon the correctional resources of counties or of the State due to fewer individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. In fiscal year 2018, 432 individuals were arrested, 31 were placed under felony community supervision, and 11 were admitted into state correctional institutions for the weapons related offense addressed by the bill's provisions.  A statewide repository containing the level of detail necessary to isolate those individuals who would be exempt from prosecution for this offense from all other individuals sentenced to a term of supervision or confinement for this offense is not currently available. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant reduction in the state correctional population or the demand for state correctional resources.