Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1935 by Frullo (Relating to the carrying of certain knives; creating a criminal offense.), As Engrossed
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 punishment for certain weapons offenses involving a knife. Under the provisions of the bill, the term illegal knife would be replaced with the term location-restricted knife, it would be defined as a knife with a blade over five and one-half inches, and its possession in certain places would be prohibited. The punishment for carrying a knife in places where it is prohibited would be reduced from a third degree felony to a Class C misdemeanor in certain circumstances. The bill also expands the number of places where carrying a certain type of knife is prohibited, and makes carrying a knife in these places 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 punishment for the prosecution of certain weapons offenses is expected to result in decreased 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. The bill would also increase the circumstances for the prosecution of certain weapons offenses and this is expected to result in increased demands upon 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, 589 individuals were arrested, 58 were placed under felony community supervision, and 44 were admitted into state correctional institutions for the weapons offenses addressed by the bill. Data collected at the statewide level do not contain the detail necessary to isolate weapons offenses involving a knife with a blade over five and one-half inches from all other weapons offenses. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant reduction in the demand for state correctional resources.