Honorable Phil King, Chair, House Committee on Homeland Security & Public Safety
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1911 by White (Relating to granting authority to carry a firearm to an unlicensed person who otherwise meets certain requirements for a handgun license and to related criminal offenses; creating a criminal offense.), As Introduced
The provisions of the bill addressing felony sanctions for criminal offenses are the subject of this analysis. The bill would amend the Penal Code relating to granting authority to carry a firearm to an unlicensed person who otherwise meets certain requirements for a handgun license. Under the provisions of the bill, assuming an individual met certain requirements, the requirement for a handgun license would no longer be necessary with respect to compliance or certain defenses to prosecution for unlawful carrying of weapons, carrying a weapon in prohibited places, and unlawful carrying of a handgun by a license holder. These offenses are punishable at the misdemeanor and felony level with punishment based on the specific circumstances of the offense.
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 individuals in compliance with requirements or eligible for certain defenses to prosecution is expected to result in a decrease in the demand for the correctional resources of counties or of the State due to a potential decrease in the number of individuals sentenced to a term of supervision in the community or a term of confinement within state correctional institutions. In fiscal year 2016, 560 individuals were arrested, 58 were placed under felony community supervision, and 44 were admitted into state correctional institutions for weapons related offenses. Although data do not exist that would allow those cases in which an individual met the requirements outlined in the bill's provisions to be isolated from all other cases, this analysis assumes the reduction would not result in a significant impact on the demand for state correctional resources.