Honorable Sid Miller, Chair, House Committee on Homeland Security & Public Safety
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB3619 by Miller, Sid (Relating to the application of certain concealed handgun license laws to certain statewide elected officials and members of the legislature.), As Introduced
The bill would amend the Penal Code by providing defense to prosecution related to the carrying of a concealed handgun by certain statewide elected officials or members of the legislature, for the offense of unlawful carrying of handgun by license holder. At present, the offense of unlawful carrying of handgun by license holder is punishable as a Class A Misdemeanor or a felony of the third degree.
A Class A Misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional 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 proposed statute compared to existing statute. In fiscal year 2010, approximately 71 individuals were arrested, and of those arrested less than 5 were admitted to prison, less than 5 were placed under felony community supervision, and less than 20 were placed under misdemeanor community supervision for the offense of unlawful carrying of handgun by license holder. For this analysis, it is assumed the bill 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.