LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
April 7, 2009

TO:
Honorable John Carona, Chair, Senate Committee on Transportation & Homeland Security
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
SB2225 by Carona (Relating to the civil and criminal consequences of engaging in certain conduct involving the possession or transfer of a firearm and to creating the offense of firearm smuggling; providing penalties.), As Introduced

The bill would amend the Penal Code and Code of Criminal Procedure as they relate to the civil and criminal consequences of engaging in firearm smuggling. The bill would create the new offense of firearm smuggling punishable as a felony of the third degree and provide for penalty enhancement in certain situations.

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.

 

A felony of the second degree is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

 

Expanding the list of behaviors punishable or increasing 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 probation, or, longer terms of confinement in county jail or prison.  However it is assumed that the number of persons convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies.  It is expected individuals who would be affected under the provisions of the bill are currently being sentenced for other, possibly lesser felony, offenses.



Source Agencies:
LBB Staff:
JOB, GG, LM