The bill would amend the Penal Code as it relates to the application of certain concealed handgun license laws to United States attorneys and assistant United States attorneys and to the authority of those attorneys to carry certain weapons. The provisions of the bill that relate to the existing punishment for criminal offenses are the subject of this analysis. Under the provisions of the bill, being a United States Attorney or an assistant United State Attorney who also had a concealed handgun license would be a defense to prosecution for carrying a concealed handgun in places where a weapon is prohibited. Under current law, carrying a concealed handgun in places where a weapon is prohibited is punishable as a class A misdemeanor or state jail felony based on the specifics of the offense.

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 third-degree felony is punishable by confinement in prison for a term of two to ten 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 fewer persons would be prosecuted under the proposed statute compared to existing statute. In fiscal year 2012, there were 170 people arrested (149 misdemeanor and 21 felony), less than 5 people were placed under felony community supervision, and less than 10 people were admitted to prison for the offense of carrying a weapon in places where weapons are prohibited. Although data do not exist that would enable identification which of these offenses involved a United States attorneys or assistant United States attorneys with a concealed handgun license, it is assumed the reduction in the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources.