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 manner of carrying a handgun by a person who holds a license. Under the provisions of the bill, the specific manner in which a licensed handgun owner carries would be modified to allow for any holster. 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.

Modifying the circumstances under which a criminal penalty is not applied is expected to result in fewer demands upon the correctional resources of counties or of the State due to an decrease in the number of individuals placed onto supervision in the community or sentenced to a term of confinement within state correctional institutions. 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.