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 offense of taking or attempting to take a weapon from certain officers, investigators, employees, or officials. Under the provisions of the bill, a prosecutor would no longer have to prove the actor took or attempted to take a weapon from certain persons with the intention of harming them. This offense is punished as a third degree or a state jail felony, depending upon the circumstances of the offense.

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.
 
Removing an element currently required for the prosecution of an offense 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. In fiscal year 2018, 179 people were arrested, 28 people were placed under felony community supervision, and 30 people were admitted into state correctional institutions for the offense of taking a weapon from certain officers, investigators, employees, or officials. 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.