TO:	Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	HB1407 by Schaefer (Relating to the carrying of a handgun by a license holder in a motor vehicle.), As Engrossed

The bill would amend the Penal Code as it relates to the offense of unlawful carrying of a handgun by a license holder. Under the provisions of the bill, it is an exception to the offense if the handgun was in a holster and the handgun and license holder were in a motor vehicle as outlined in the bill. Under existing statute, unlawful carrying of a handgun by a license holder is punishable as a Class A misdemeanor or third degree felony based on the specific circumstance 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.

Decreasing the circumstances 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 onto supervision in the community or sentenced to a term of confinement within state correctional institutions. For the offense of unlawful carrying of a handgun by a license holder under existing statute, in fiscal year 2020, 184 people were arrested and fewer than ten were placed onto direct community supervision or admitted into a state correctional institution; in fiscal year 2019, 186 people were arrested, 19 were placed onto direct community supervision, and fewer than ten were admitted into a state correctional institution; and in fiscal year 2018, 214 people were arrested, 11 were placed onto direct community supervision, and fewer than ten were admitted into a state correctional institution. 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.