Honorable Joan Huffman, Chair, Senate Committee on State Affairs
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB1807 by Huffman (Relating to the application of certain concealed handgun license laws to United States attorneys and assistant United States attorneys and to the authority of United States attorneys and assistant United States attorneys to carry certain weapons.), As Introduced
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to exempt a United States attorney and an assistant United States attorney in certain circumstances from the offenses of carrying a weapon in places where prohibited, unlawfully carrying a weapon, and unlawful carrying of a handgun by a license holder. Under existing statute, these offenses are punishable as a Class A Misdemeanor or a third degree felony, depending upon the circumstances.
A third degree felony is punishable by confinement in prison for a term of 2 to 10 years and an optional fine not to exceed $10,000.
Exempting certain individuals from prosecution for 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 number of individuals sentenced to a term of supervision in the community or a term of confinement in state correctional institutions. In fiscal year 2016, 598 individuals were arrested, 58 were placed under felony community supervision, and 46 were admitted into state correctional institutions for the weapons offenses addressed by the bill. A statewide repository containing the level of detail necessary to isolate those individuals who would be exempt from prosecution for these offenses from all other individuals sentenced to a term of supervision or confinement for these offenses is not currently available. 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.