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 unlawful carrying of a handgun in a motor vehicle or watercraft. Under the provisions of the bill, a person would commit an offense if they unlawfully carry a handgun in a motor vehicle or watercraft and the person has been previously convicted of an offense for which the judgement in the case contains an affirmative finding of gang-related conduct as outlined in the bill. Under existing statute, unlawful carrying of a weapon is punishable as a misdemeanor or felony depending 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. 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.

Narrowing the conditions that must be met for a criminal offense is expected to result in fewer demands on the correctional resources of the counties or of the State due to a decrease in individuals placed onto supervision in the community or sentenced to terms of confinement in state correctional institutions, while expanding the circumstances can result in increased demands. From fiscal years 2018 through 2020, an average of 52 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 the third degree felony offense of unlawful carrying of a weapon on the premise licensed or issued a permit by the state for the sale of alcoholic beverages 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.