LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
83RD LEGISLATIVE REGULAR SESSION
 
March 22, 2013

TO:
Honorable Joseph Pickett, Chair, House Committee on Homeland Security & Public Safety
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB801 by Muñoz, Jr. (Relating to the discharge of a firearm across the property line of a school; providing criminal penalties.), As Introduced

The bill would amend the Parks and Wildlife Code to prohibit the discharge of a firearm across the property line of a school while hunting or engaging in recreational shooting.  A violation of this offense would be punishable as a Class A misdemeanor unless it resulted in the bodily injury or death of a person, in which case it would be punishable as a state jail felony.  Under current law, this offense would be punished as discharge of a firearm across a property line, which is a Class C misdemeanor. 

 

A Class C misdemeanor is punishable by a fine not to exceed $500.  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 state jail felony is punishable by confinement in prison for a term of 180 days to two years and, in addition to confinement, an optional fine not to exceed $10,000.

 

The bill’s provisions increase the penalty for discharge of a firearm under certain circumstances.  This penalty adjustment is expected to increase demands on state correctional resources by increasing the number of offenders eligible for confinement in state correctional facilities. However, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources.



Source Agencies:
LBB Staff:
UP, GG, JPo