Honorable Cole Hefner, Chair, House Committee on Homeland Security, Public Safety & Veterans' Affairs
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2771 by Hayes (Relating to the possession of a firearm by persons convicted of certain felony offenses.), As Introduced
Exempting certain individuals from the applicability of existing criminal offenses may result in a decrease in demands upon state and local correctional resources due to a possible decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to the lack of data necessary to identify those individuals whose prior felony convictions under the provisions of the bill would except them from the applicability of the felony firearm possession and weapons carry offenses.
The bill would provide an exception to the applicability of the third degree felony offense of possession of a firearm within five years of release from confinement or supervision for persons convicted of a felony by limiting the scope of qualifying felony convictions to those in the set of offenses which preclude eligibility for community supervision. Because the applicability of the second degree felony offense of unlawful weapons carry is contingent on this same set of qualifying felony convictions, the bill would also provide an exception to the applicability of the second degree felony offense of unlawful weapons carry.
Local Government Impact
While the fiscal impact cannot be determined, providing exception to the applicability of existing offenses may result in decreased demands upon local correctional resources due to a possible decrease in the number of individuals placed under supervision in the community or confined locally.