LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 19, 2013 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB1348 by West (Relating to certain criminal offenses concerning the unlawful transfer or purchase of certain weapons. ), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code to increase the punishment for unlawful transfer of a weapon from a Class A misdemeanor to a third degree felony. The bill also adds unlawful purchase of weapons and knowingly making a false or misleading statement for purposes of complying with the national instant criminal background check system to the definition of this offense. The bill also adds any firearm to certain provisions of this statute. The bill would increase the maximum term of imprisonment to 15 years if a person directed, managed or supervised five or more persons engaged in certain violations of this offense. In addition, the bill adds unlawful transfer or purchase of certain weapons to the list of offenses that can also be punished under certain circumstances as the offense of engaging in organized criminal activity. Unlawful transfer or purchase of certain weapons would be punished as a second degree felony if it was prosecuted under that section of the Penal Code. The bill increases the penalty for unlawful transfer of weapons and expands the definition of this offense. Increasing the penalty and expanding the definition for any criminal offense is expected to increase demands on state and/or county correctional agency resources due to longer terms of community supervision, county jail confinement, state correctional institution confinement, and/or parole. In the case of the bill, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agencies' workload and programs Local Government Impact Implementing the bill's provisions could increase the number of offenders remanded to state prisons rather than county jails. This change is expected to reduce demands on county resources. The average cost per day to house an inmate in a county jail varies by county. Savings to local entities would depend on the number of individuals convicted under this section; however, the fiscal impact is not anticipated to be significant. Source Agencies: LBB Staff: UP, ESi, GG, JPo
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
April 19, 2013
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB1348 by West (Relating to certain criminal offenses concerning the unlawful transfer or purchase of certain weapons. ), Committee Report 1st House, Substituted
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: SB1348 by West (Relating to certain criminal offenses concerning the unlawful transfer or purchase of certain weapons. ), Committee Report 1st House, Substituted
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
SB1348 by West (Relating to certain criminal offenses concerning the unlawful transfer or purchase of certain weapons. ), Committee Report 1st House, Substituted
SB1348 by West (Relating to certain criminal offenses concerning the unlawful transfer or purchase of certain weapons. ), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Penal Code to increase the punishment for unlawful transfer of a weapon from a Class A misdemeanor to a third degree felony. The bill also adds unlawful purchase of weapons and knowingly making a false or misleading statement for purposes of complying with the national instant criminal background check system to the definition of this offense. The bill also adds any firearm to certain provisions of this statute. The bill would increase the maximum term of imprisonment to 15 years if a person directed, managed or supervised five or more persons engaged in certain violations of this offense. In addition, the bill adds unlawful transfer or purchase of certain weapons to the list of offenses that can also be punished under certain circumstances as the offense of engaging in organized criminal activity. Unlawful transfer or purchase of certain weapons would be punished as a second degree felony if it was prosecuted under that section of the Penal Code. The bill increases the penalty for unlawful transfer of weapons and expands the definition of this offense. Increasing the penalty and expanding the definition for any criminal offense is expected to increase demands on state and/or county correctional agency resources due to longer terms of community supervision, county jail confinement, state correctional institution confinement, and/or parole. In the case of the bill, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agencies' workload and programs
The bill would amend the Penal Code to increase the punishment for unlawful transfer of a weapon from a Class A misdemeanor to a third degree felony. The bill also adds unlawful purchase of weapons and knowingly making a false or misleading statement for purposes of complying with the national instant criminal background check system to the definition of this offense. The bill also adds any firearm to certain provisions of this statute. The bill would increase the maximum term of imprisonment to 15 years if a person directed, managed or supervised five or more persons engaged in certain violations of this offense. In addition, the bill adds unlawful transfer or purchase of certain weapons to the list of offenses that can also be punished under certain circumstances as the offense of engaging in organized criminal activity. Unlawful transfer or purchase of certain weapons would be punished as a second degree felony if it was prosecuted under that section of the Penal Code.
Local Government Impact
Implementing the bill's provisions could increase the number of offenders remanded to state prisons rather than county jails. This change is expected to reduce demands on county resources. The average cost per day to house an inmate in a county jail varies by county. Savings to local entities would depend on the number of individuals convicted under this section; however, the fiscal impact is not anticipated to be significant.
Implementing the bill's provisions could increase the number of offenders remanded to state prisons rather than county jails. This change is expected to reduce demands on county resources. The average cost per day to house an inmate in a county jail varies by county. Savings to local entities would depend on the number of individuals convicted under this section; however, the fiscal impact is not anticipated to be significant.
Source Agencies:
LBB Staff: UP, ESi, GG, JPo
UP, ESi, GG, JPo