LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
April 12, 2007

TO:
Honorable Joe Driver, Chair, House Committee on Law Enforcement
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB1535 by Martinez Fischer (Relating to generally prohibiting the carrying of a Taser or other stun gun; providing certain criminal penalties and defenses to prosecution for persons who obtain a license.), As Introduced

The bill would amend the Penal Code adding Tasers and stun guns to the list of weapons for which a license must be obtained and to provide the locations where the licensed carrying of these items would be permitted.  Under the provision of the bill the unlawful carrying of a Taser or stun gun would be punishable as a Class A Misdemeanor unless it occurred on the premises of a hospital or the premises of a business that sells alcohol in which case the offense would be punishable as a felony of the third degree. 

 

A Class A Misdemeanor is punishable by confinement in a county jail for any term of not more than one year, or, in addition to confinement, a fine not to exceed $4,000.

 

A felony of the third degree 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.

 

The impact of the bill on correctional populations would depend on how many persons would be prosecuted under the provision of the bill.  For this analysis it is assumed that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.



Source Agencies:
LBB Staff:
JOB, GG, LM