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LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT

87TH LEGISLATIVE REGULAR SESSION
 
April 7, 2021

TO:
Honorable James White, Chair, House Committee on Homeland Security & Public Safety
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB791 by Goodwin (Relating to displaying a firearm at or near a public demonstration; creating a criminal offense.), As Introduced

The provisions of the bill addressed by this analysis would amend the Penal Code as it relates to displaying a firearm at or near a public demonstration. Under the provisions of the bill, displaying a firearm while at or near a public demonstration would be punishable as a class B misdemeanor, and, in certain circumstances, there would be a defense to prosecution for displaying a firearm while at or near a public demonstration.  Under existing statute, disorderly conduct is punishable as a Class B or a Class C misdemeanor, depending on the circumstances of the offense.

A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and in addition to confinement, an optional fine not to exceed $2,000. A Class C misdemeanor is punishable by a fine not to exceed $500 (up to 180 days of deferred disposition and no confinement). This analysis assumes implementing the provisions of the bill would not result in a significant impact on the demand for state correctional resources.




Source Agencies:
LBB Staff:
JMc, DKN, LM, DGI