LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
86TH LEGISLATIVE REGULAR SESSION
 
April 2, 2019

TO:
Honorable Dade Phelan, Chair, House Committee on State Affairs
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
HB2286 by Oliverson (Relating to the criminal consequences of engaging in certain conduct with respect to certain firearm accessories and prohibiting the enforcement of certain federal laws related to certain firearm accessories.), As Introduced

The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code as it relates to the offense of prohibited weapons.  Under the provisions of the bill, a firearm silencer would no longer be a prohibited weapon.  This offense and carrying a weapon in places where it is prohibited are punishable as a third degree felony.  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 individuals from prosecution for certain weapons offenses is expected to result in fewer demands upon the correctional resources of counties or of the State due to fewer individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. In fiscal year 2018, 683 individuals were arrested, 83 were placed under felony community supervision, and 77 were admitted into state correctional institutions for the weapons related offenses addressed by the bill's provisions.  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 state correctional populations or the demand for state correctional resources.




Source Agencies:
LBB Staff:
WP, LM, JPo