| TO: | Honorable John Whitmire, Chair, Senate Committee on Criminal Justice |
| FROM: | John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board |
| IN RE: | HB446 by Moody (Relating to the criminal consequences of engaging in certain conduct with respect to certain instruments designed, made, or adapted for use in striking a person.), As Engrossed |
The bill would amend the Penal Code as it relates to the criminal consequences of engaging in certain conduct with certain instruments designed, made, or adapted for use in striking a person. Under the provisions of the bill, a club would be removed from the offense of unlawfully carrying a weapon, and knuckles would be removed from the offense of prohibited weapons. Under existing statute, these offenses are punishable as a Class A misdemeanor or third degree felony, depending upon the circumstances of the offense.
The Office of Court Administration and the Texas Department of Criminal Justice indicate the modifications outlined in the bill's provisions will not result in a significant fiscal impact. This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant impact on state correctional agencies.
A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000. Costs associated with enforcement and prosecution could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal impact.
According to the Office of Court Administration, the bill would not be anticipated to cause a significant revenue loss to local governments.
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice
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| LBB Staff: | WP, LBO, SD, GP, LM, JPo
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