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 transporting or transferring of a firearm and to creating the offense of firearm smuggling.), Committee Report 1st House, Substituted

The provision of the bill that is the subject of this analysis would amend the Penal Code by creating the offense of firearm smuggling.  The offense of firearm smuggling would be punishable as a felony of the third degree unless it is shown that the offense was committed with respect to three or more firearms in a single criminal episode, in which event the offense is a felony of the second degree.  The bill would also amend the engaging in organized criminal activity provision of the Penal Code to include certain cases of the offense of unlawful transfer of certain weapons, and the newly created offense of firearm smuggling. 
 
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.
 
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.