Honorable Phil King, Chair, House Committee on Homeland Security & Public Safety
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB3057 by Anchia (Relating to the offense of possessing a weapon in a secured area of an airport.), Committee Report 1st House, Substituted
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code relating to the offense of possessing a weapon in a secured area of an airport. Under the provisions of the bill, the definition of the secured area of an airport would be broadened. Under existing statute, possessing a weapon where prohibited is a third degree felony. The bill would also provide an exception, for certain individuals, to the application of the offense of possessing a weapon in a secured area of an airport.
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.
Broadening the area where weapons are prohibited is expected to result in increased demands on 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. The bill would also provide an exception, for certain individuals, to the application of a criminal offense which 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. In fiscal year 2016, 367 individuals were arrested, 23 were placed under felony community supervision, and 13 were admitted into state correctional institutions for possessing a weapon where prohibited under existing statute. The data collected at the statewide level for places where weapons are prohibited do not contain the detail necessary to isolate those individuals who possessed a weapon in a secured area of an airport or were authorized by a federal agency to possess a firearm in a secured area of an airport from all other individuals arrested and convicted for possessing a weapon where prohibited. 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.