TO:	Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	HB1069 by Harris (Relating to the carrying of a handgun by certain first responders.), As Engrossed

The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to the carrying of a handgun by certain first responders. Under the provisions of the bill, first responders meeting specific requirements would have a defense to prosecution for certain weapons carrying offenses. Under current statute, these weapons carrying offenses are punishable as a Class A misdemeanor or as 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 list of behaviors which provide for a defense to prosecution for an offense for which a criminal penalty is applied is expected to result in fewer demands upon the correctional resources of counties or of the State due to a decrease 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, 1,046 people were arrested, 69 were placed onto direct community supervision, and 19 were admitted into a state correctional institution for the offense of unlawful weapons carry 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.