LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
83RD LEGISLATIVE REGULAR SESSION
 
March 25, 2013

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
SB299 by Estes (Relating to the unintentional display of a weapon by a person licensed to carry a concealed handgun.), As Introduced

The bill would amend the Penal Code relating to the offense of unlawful carrying of a handgun by a license holder.  Under current law it is an offense if a person carries a handgun and intentionally fails to conceal it.  Under the bill, it is only an offense if the person displays the handgun in plain view of another person in a public place in a manner calculated to cause alarm and not pursuant to a justified use of force or threat of force.  The offense of unlawful carrying of a handgun by a license holders is punishable by a Class A misdemeanor. 

 

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. 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 151 arrests and 24 placements on community supervision for the offense of unlawful carrying of a handgun by a license holder. 



Source Agencies:
LBB Staff:
UP, GG, JPo