Honorable Larry Phillips, Chair, House Committee on Homeland Security & Public Safety
Ursula Parks, Director, Legislative Budget Board
HB1285 by Simmons (Relating to the authority of certain personal protection officers to carry certain weapons.), As Introduced
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 the offense of unlawful carrying of weapons in prohibited places for persons who act as personal protection officers and meet certain criteria.
Possessing a weapon in a prohibited place is currently a third degree felony, punishable by confinement in prison for a term of two to ten years and an optional fine not to exceed $10,000.
In fiscal year 2014, 581 people were arrested, 30 were placed under felony community supervision, and 10 were admitted to state correctional institutions for possessing a weapon in a prohibited place. Statewide data are not available to indicate which of these persons were acting as personal protection officers and met certain criteria included in the bill's provisions. This analysis assumes the provisions of the bill would not significantly impact state correctional populations, programs, or workloads.
UP, ESi, LM