Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1935 by Frullo (Relating to the carrying of certain knives.), 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 punishment for certain weapons offenses involving a knife. Under the provisions of the bill, individuals would no longer be eligible for prosecution for the offenses of unlawfully carrying a weapon and carrying a weapon in places where prohibited if those offenses involved an illegal knife. These offenses are punishable as a Class A misdemeanor or a third degree felony, depending upon 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 an optional fine not to exceed $10,000.
Reducing the circumstances 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 decrease in the potential 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, 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 the weapons offenses involving an illegal knife from all other weapons offenses. However, 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.