The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to certain handgun licensing and weapons offenses. Under the provisions of the bill, persons at-risk of violent victimization would be eligible for expedited license application and would be afforded defense to prosecution, as well as exemption from applicability, for certain weapons offenses which, depending on the circumstances of the offense, may be punishable as a Class A misdemeanor or as a third degree felony.

A third degree felony is punishable by confinement in prison for a term from 2 to 10 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.

Exempting certain individuals from prosecution is expected to result in fewer demands upon the correctional resources of the counties or of the State due to a decrease in the number of individuals placed under supervision in the community or sentenced to terms of confinement in state correctional institutions. In fiscal year 2018, 607 people were arrested, 68 were placed onto felony community supervision, and 29 were admitted to state correctional institutions for the weapons offenses addressed by the bill. A statewide repository containing the level of detail necessary to isolate those individuals who would be exempt from prosecution for these offenses from all other individuals sentenced to a term of supervision or confinement for these offenses is not currently available.  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.