Honorable Joan Huffman, Chair, Senate Committee on State Affairs
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1819 by Springer (Relating to the criminal consequences of engaging in certain conduct with respect to a firearm silencer.), As Engrossed
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code relating to the criminal consequences of engaging in certain conduct with respect to a firearm silencer. Under the provisions of the bill, engaging in certain conduct with a firearm silencer unless it is classified as a curio or relic by the United States Department of Justice or is otherwise possessed, manufactured, transported, repaired, or sold in compliance with federal law would be 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.
Modifying the list of compliance requirements is expected to result in a decrease in the demands upon the correctional resources of counties or of the State due to a potential 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, 356 individuals were arrested, 29 were placed under felony community supervision, and 30 were admitted into state correctional institutions for the offense of prohibited weapons punishable as a third degree felony. Data collected at the statewide level for prohibited weapons do not contain the detail necessary to isolate those individuals who possessed a firearm silencer from all other individuals arrested or convicted of a third degree felony prohibited weapons offense. However, 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.