The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Penal Code to enhance the punishment for possession of child pornography from a third degree to a second felony if the person had previously been convicted of this offense and to a first degree felony if the person had previously been convicted two or more times of this offense.  The bill would also enhance the punishment for the promotion of child pornography from a second degree to a first degree felony if the person had previously been convicted of this offense.

 
A first degree felony is punishable by confinement in prison for life or five to 99 years, a second degree felony for two to 20 years, and a third degree felony for two to ten years.  In addition to confinement all felony level offenses are subject to an optional fine not to exceed $10,000.

 
Enhancing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of supervision in the community or longer terms of confinement in state correctional institutions. In fiscal year 2014, fewer than ten people were arrested, fewer than ten were placed under felony community supervision, and fewer than ten were admitted to state correctional institutions for the circumstances enhancing possession of child pornography.  In fiscal year 2014, fewer than ten people were arrested, fewer than ten were placed under felony community supervision, and fewer than ten were admitted to state correctional institutions for the circumstances enhancing promotion of child pornography. This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant impact on state correctional populations, programs, or workloads.