LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
83RD LEGISLATIVE REGULAR SESSION
 
April 8, 2013

TO:
Honorable Joseph Pickett, Chair, House Committee on Homeland Security & Public Safety
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB3420 by Lavender (Relating to the carrying of firearms by certain off-duty employees of the Texas Department of Criminal Justice and the carrying of a handgun by a license holder in certain locations; authorizing a fee.), As Introduced

The bill would amend the Penal Code to eliminate the offense of unlawful carrying of a handgun by a license holder on the premises of a place of religious worship.  That offense is punishable as a Class A misdemeanor.  The bill also exempts Texas Department of Criminal Justice (TDCJ) employees with a certificate of firearms proficiency from the offenses of carrying a weapon in places that are prohibited and unlawfully carrying a weapon.  Under current law those offenses are punishable by a Class A misdemeanor or a third degree felony, depending upon the circumstances.

 

A Class A misdemeanor is punishable by confinement in jail for a term not to exceed one year and in addition to confinement, and optional fine 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.   It is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources. 

 

In fiscal year 2012, there were 5,705 arrests, 1,246 placements on community supervision, and 32 admissions to prison for the offense of unlawfully carrying a weapon.  In fiscal year 2012, there were 630 arrests, 47 placements on community supervision, and 12 admissions to prison for carrying a weapon in places that are prohibited.  In fiscal year 2012, there were 151 arrests and 24 placements on community supervision for the misdemeanor offense of unlawful carrying of a handgun by a license holder. 



Source Agencies:
LBB Staff:
UP, GG, JPo