The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to firearm related criminal offenses. Under the provisions of the bill, the circumstances for certain offenses would be modified.  Under existing statute, certain unlawful carrying offenses are punishable as a third degree felony based on the specific 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.

Decreasing the circumstances under which a criminal penalty is applied 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. From fiscal years 2018 through 2020, an average of 33 people were arrested, fewer than ten were placed onto felony direct community supervision, and fewer than ten were admitted into a state correctional institution for unlawful carrying of a weapon or handgun by a license holder. 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.