The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the various codes as they relate to the authority of a code enforcement officer performing official duties to possess or carry an instrument used for deterring an animal bite. Under the provisions of the bill, a code enforcement officer who holds a certificate of registration and carries an instrument to deter animal bites under the circumstances outlined in the bill is excluded from the applicability of certain unlawful carrying of weapons offenses.

A third degree felony is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, may be subject to an optional fine not to exceed $10,000.

Excluding certain individuals from the applicability of a criminal offense is expected to result in fewer demands upon the correctional resources of counties or of the State due to a decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. In fiscal year 2018, 590 people were arrested, 68 people were placed under felony direct community supervision, and 28 people were admitted into state correctional institutions for the felony unlawful carrying of weapons offenses specified in the bill. 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.