LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
86TH LEGISLATIVE REGULAR SESSION
 
May 20, 2019

TO:
Honorable Dennis Bonnen, Speaker of the House, House of Representatives
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
HB1177 by Phelan (Relating to carrying a concealed handgun following a mandatory evacuation order issued during a state of disaster.), As Passed 2nd House

The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Penal Code to make certain weapons-related prohibitions inapplicable in certain circumstances. Under current statute these offenses are punished by a misdemeanor or felony with the punishment based on 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, in addition to confinement, an optional fine not to exceed $10,000.

Expanding the list of behaviors which, under certain circumstances, would not be considered prohibited behavior is expected to result in reduced demands upon the correctional resources of counties or of the State due to fewer placements onto supervision in the community or fewer admissions into state correctional institutions.  In fiscal year 2018, 159 people were arrested, 37 were placed under felony community supervision, and 17 were admitted into state correctional institutions for the weapons-related offenses outlined by the bill. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant reduction in state correctional populations or the demand for state correctional resources.




Source Agencies:
LBB Staff:
WP, JPo, LM, DGi