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 places where weapons are prohibited. Under the provisions of the bill, possessing certain weapons on the premises of a school or postsecondary educational institution would be punishable as a third-degree felony.  Under existing statute, the punishment for possessing certain weapons in prohibited places is punishable as a Class C misdemeanor or as a third-degree felony, depending on the circumstances of the offense.

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 C misdemeanor is punishable by a fine not to exceed $500 (up to 180 days of deferred disposition and no confinement).

Expanding the set of behaviors for which a criminal penalty is applied is expected to result in additional demands upon the correctional resources of counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal year 2018 to 2020, 853 people were arrested, 52 were placed on direct community supervision, and 18 were admitted to a state correctional institution for the offense of possessing certain weapons in prohibited places under existing statute. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.