LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
85TH LEGISLATIVE REGULAR SESSION
 
April 24, 2017

TO:
Honorable Phil King, Chair, House Committee on Homeland Security & Public Safety
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB968 by Metcalf (Relating to the prosecution of the offense of possessing a weapon in certain prohibited places associated with schools or postsecondary educational institutions.), As Introduced

The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Penal Code as it relates to the prosecution of the offense of possessing a weapon in prohibited places. Under the provisions of the bill, possession of a weapon would be prohibited at a place where a school-sponsored activity is taking place only if the activity occurs at a place owned by and under the control of a school or postsecondary educational institution. This offense is punishable as 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. 

Reducing the list of locations where weapons are prohibited is expected to result in decreased demands on the correctional resources of counties or of the State due to a decrease 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, 370 individuals were arrested, 23 were placed under felony community supervision, and 13 were admitted into state correctional institutions for the offense of possessing a weapon in prohibited places.  This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact in the demand for state correctional resources.


Source Agencies:
LBB Staff:
UP, LM, JPo