LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
84TH LEGISLATIVE REGULAR SESSION
 
March 26, 2015

TO:
Honorable Larry Phillips, Chair, House Committee on Homeland Security & Public Safety
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB353 by King, Ken (Relating to the application of certain weapons laws to and liability for certain actions of volunteer emergency services personnel licensed to carry a concealed handgun.), Committee Report 1st House, Substituted

The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Penal Code to provide a defense to prosecution for certain voluntary emergency personnel for the offenses of unlawfully carrying a weapon, unlawfully carrying a weapon in prohibited places, and unlawfully carrying a handgun by a license holder.
                                 
Under current law certain, unlawful carrying of a weapon, unlawful carrying of a weapon in prohibited places, and unlawful carrying of a handgun by a licensed holder offenses are punishable as a third degree felony.  A third degree felony is punishable by confinement in prison for a term of two to ten years and an optional fine not to exceed $10,000. 

Allowing for a defense to prosecution is expected to result in decreased demands upon the correctional resources of counties or of the state due to shorter terms of probation or shorter terms of confinement in state correctional institutions. In fiscal year 2014, 183 people were arrested, 37 were placed under felony community supervision, and 37 were admitted to state correctional institutions for unlawful carrying of a weapon.  In fiscal year 2014, 581 people were arrested, 30 were placed under felony community supervision, and 10 were admitted to state correctional institutions for the offense of unlawful carrying of a weapon in a prohibited place.  In fiscal year 2014, 17 people were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10 were admitted to state correctional institutions for the offense of unlawful carrying of a handgun by a licensed holder.

 
A statewide repository containing the level of detail necessary to isolate voluntary emergency personnel who were licensed to carry a concealed handgun at the time of the offense from all other individuals arrested and convicted under the statutes referenced by the bill is not currently available.  This analysis assumes the provisions of the bill modifying the application of felony sanctions for those voluntary emergency personnel who were licensed to carry a concealed handgun at the time of the offense would not result in a significant impact on state correctional populations, programs, or workloads.




Source Agencies:
LBB Staff:
UP, ESi, LM, KJo, JPo