The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes to make offenses involving the use or exhibition of an imitation firearm punished in a similar manner to offenses involving the use or exhibition of other weapons.  These offenses would be punished at multiple felony levels with the punishment level based on the specific circumstances of the offense.
 
A first degree felony is punishable by life in prison or confinement in prison for a term of 5 to 99 years, a second degree felony is punishable by confinement in prison for a term from 2 to 20 years, a third degree felony is punishable by confinement in prison for a term of 2 to 10 years, and a state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment. In addition to confinement, most felony offenses are subject to an optional fine not to exceed $10,000.

Expanding the list of behaviors for which a criminal penalty can be applied is expected to result in additional demands upon the correctional resources of counties or of the state due to an increase in individuals placed under community supervision or sentenced to a term of confinement within state correctional institutions.  The bill may have a negative population impact by increasing the number of people placed under felony community supervision or incarcerated within state correctional institutions. Whether the bill would result in a significant impact on state correctional populations cannot be determined due to the lack of data or information related to the number of people who would be prosecuted for offenses involving the use or exhibition of an imitation firearm. In fiscal year 2018, 20,246 people were arrested, 2,511 were placed under felony community supervision, and 4,975 were admitted into state correctional institutions for offenses involving weapons.