LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
April 26, 2005

TO:
Honorable Joe Driver, Chair, House Committee on Law Enforcement
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB582 by Reyna (Relating to the prosecution of the offense of taking or attempting to take a stun gun from a peace officer, parole officer, or community supervision and corrections department officer.), Committee Report 1st House, Substituted

The bill would amend the Penal Code by expanding the offense of taking or attempting to take weapon from peace officer, parole officer, or community supervision and corrections department officer to include a stun gun in the section defining weapons.   Taking or attempting to take a weapon from an officer is punishable as either a state jail felony of felony of the third degree, depending on the conditions of the offense.

A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or in addition to confinement, a fine not to exceed $10,000.  

A third degree felony is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
 
During fiscal year 2004, 19 individuals were admitted to a Texas Department of Criminal Justice facility for the offense of taking or attempting to take a weapon from an officer.  It is assumed that expanding the definition of weapon to include stun guns would not significantly increase the number of offenders convicted under this statute and therefore, no significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies is anticipated.



Source Agencies:
LBB Staff:
JOB, BT, GG