Honorable James White, Chair, House Committee on Homeland Security & Public Safety
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB127 by Ortega (Relating to the unlawful carrying of certain firearms; creating a criminal offense.), 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 unlawful carrying of weapons. Under the provisions of the bill, certain prohibitions against handgun carrying would be expanded to include firearms in general. Under existing statute, unlawfully carrying a handgun is punishable as a Class A misdemeanor or a third-degree felony depending on the 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. 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.
Expanding the behaviors which constitute an offense for which a criminal penalty is applied is expected to result in additional demands upon the correctional resources of counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal year 2018 to 2020, 1,045 people were arrested, 69 were placed on direct community supervision, and 19 were admitted to a state correctional institution for unlawful handgun carry punished at the felony level under existing statute. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.