Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB25 by Guillen (Relating to the carrying of certain weapons in a watercraft.), As Engrossed
The bill would amend the Penal Code as it relates to the carrying of certain weapons in a watercraft. The provisions of the bill that enhance existing punishment or create new punishment for criminal offenses are the subject of this analysis. Under the provisions of the bill, certain carrying of a weapon on a watercraft would now be punishable as a Class A Misdemeanor or a third degree felony if the watercraft as defined by the newly added section is a premises that is licensed or issued a permit by this state for the sale of alcoholic beverages.
A Class A misdemeanor is punishable by mandatory post-conviction community supervision. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000.
Expanding the list of behaviors for which a penalty is applied for any criminal offense is expected to result in increased demands upon the correctional resources of counties and or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison. However, in the case of this bill, 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.