Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB913 by Alvarado (Relating to the prosecution of the criminal offense of the possession, manufacture, transport, repair, or sale of certain prohibited explosive weapons.), As Engrossed
The provisions of the bill that would amend the Penal Code as they relate to the prosecution of certain prohibited weapons are the subject of this analysis. Under the provisions of the bill, knowingly possessing, manufacturing, transporting, repairing, or selling certain prohibited weapons would be expanded to include an improvised explosive device. Engaging in this behavior would be punishable by a third degree felony.
A third degree felony is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000.
Expanding the list of behaviors for which a criminal penalty is applied is expected to result in increased demands on the correctional resources of counties or of the State due to a potential increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. In fiscal year 2016, 494 individuals were arrested, 64 were placed under felony community supervision, and 57 were admitted into state correctional institutions for the offense of prohibited weapons under existing statute. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources.