The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal as it relate to carrying of holstered handguns by handgun license holders. Under the provisions of the bill, the circumstances for certain offenses related to carrying handguns in shoulder or belt holsters would be modified to include any holster as outlined in the bill's provisions. Under existing statute, unlawful carrying of a handgun or weapon is punishable as a third degree felony or a Class A misdemeanor 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, can be subject to 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.

Expanding the circumstances or narrowing a defense to 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 the number of individuals placed onto supervision in the community or sentenced to a term of confinement within state correctional institutions. Narrowing the circumstances of an offense or expanding the defense to prosecution is expected to result in fewer demands. From fiscal year 2018 through 2020, an average of 64 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 felony offenses under existing statute that would be modified under the bill's provisions. 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.