BILL ANALYSIS

H.B. 4827

By: Leo-Wilson

Community Safety, Select

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Penal Code describes several places where carrying a weapon is prohibited. Among these places are schools and educational institutions. Despite this, the applicable section of code does not define what constitutes a "school" or an "educational institution," which could lead to confusion and potential loopholes in the law. H.B. 4827 seeks to define these terms.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4827 amends the Penal Code to define "educational institution" and "school" for purposes of the offense of possessing or going with a prohibited weapon in a place where weapons are prohibited as follows:

·         "educational institution" means a public, private, or independent institution of higher education or a career school or college; and

·         "school" means a public or private primary or secondary school.

The bill applies only to an offense committed on or after the bill's effective date and provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.

EFFECTIVE DATE

September 1, 2023.