Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB367 by Sherman, Sr. (Relating to the prosecution and reporting of certain offenses committed because of bias or prejudice; creating a criminal offense.), As Introduced
The provisions of the bill addressed by this analysis would amend various codes as they relate to the possession of a firearm by an individual who has committed certain offenses because of bias or prejudice. Under the provisions of the bill, an individual whose previous criminal history contains a conviction for certain offenses where an affirmative finding for a hate crime has been entered, would commit an offense if they possessed a firearm before the fifth anniversary of their release from confinement or supervision.
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.
Creating a new offense is expected to result in additional demands upon the correctional resources of the counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to terms of confinement within state correctional institutions. The bill may have a negative population impact by increasing the number of people placed under felony community supervision or incarcerated within state correctional institutions. Whether the bill would have a significant impact on correctional populations is indeterminate due to a lack of statewide data which could be used to determine if there was an affirmative finding under the circumstances outlined in the bill's provisions.