LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
86TH LEGISLATIVE REGULAR SESSION
 
March 5, 2019

TO:
Honorable Poncho Nevárez, Chair, House Committee on Homeland Security & Public Safety
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
HB1177 by Phelan (Relating to carrying a handgun during a state of disaster.), As Introduced

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.  The bill may have a positive population impact by decreasing the number of people on felony community supervision or incarcerated within state correctional institutions. In fiscal year 2018, 607 people were arrested, 68 were placed under felony community supervision, and 29 were admitted into state correctional institutions for the weapons-related offenses outlined by the bill. Although data do not exist that would allow those cases in which an individual met the requirements outlined in the bill's provisions to be isolated from all other cases this analysis assumes the reduction would not result in a significant impact on state correctional populations or on the demand for state correctional resources.






Source Agencies:
LBB Staff:
WP, LM, DGi