LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT

87TH LEGISLATIVE REGULAR SESSION
 
April 10, 2021

TO:
Honorable James White, Chair, House Committee on Homeland Security & Public Safety
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB1920 by Capriglione (Relating to the offense of possessing a weapon in a secured area of an airport.), Committee Report 1st House, Substituted

The bill would amend the Penal Code as it relates to places where weapons are prohibited.  Under the provisions of the bill, the defenses to prosecution would be expanded to allow for possession of a weapon in a secured area of an airport with certain approved authorization. Under existing statute, possessing a weapon where prohibited is a third degree felony. 

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.

Expanding the defense to prosecution for a criminal offense is expected to result in fewer demands on 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, 1,152 individuals were arrested, 108 were placed under felony community supervision, and 35 were admitted into state correctional institutions for possessing a weapon where prohibited. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources.




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