NOTE: As provided in LFC policy, this report is
intended only for use by the standing finance committees of the
legislature. The Legislative Finance Committee does not assume
responsibility for the accuracy of the information in this report when used for
other purposes.
The most recent FIR
version (in HTML & Adobe PDF formats) is available on the Legislative
Website. The Adobe PDF version includes
all attachments, whereas the HTML version does not. Previously issued FIRs and attachments may be
obtained from the LFC in
|
SPONSOR: |
Beam |
DATE TYPED: |
|
HB |
138/aHGUAC |
||
|
SHORT TITLE: |
Prohibit Firearms in Courthouse |
SB |
|
||||
|
|
ANALYST: |
Fox-Young |
|||||
REVENUE
|
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
|
|
FY03 |
FY04 |
|
|
|
|
|
|
$0.1
Minimal |
Recurring |
Intensive
Supervision Fund |
|
|
|
|
|
|
(Parenthesis
( ) Indicate Revenue Decreases)
Responses
Received From
Attorney
General (AG)
Corrections
Department (CD)
Administrative
Office of the District Attorneys (AODA)
Public
Defender Department (PDD)
SUMMARY
Synopsis of HGUAC Amendment
The
House Government and Urban Affairs Committee makes technical adjustments to House
Bill 138.
The
amendment eliminates the requirement that a firearm be made completely
inoperative prior to being used as evidence in a court proceeding. A firearm may be used as evidence if “[it] is
unloaded and remains in sealed evidence containers until presented as evidence
at trial.”
The
HGUAC makes an unnecessary technical change, inserting “the” on page 2, line 6,
after “(b)”.
Synopsis
of Original Bill
House Bill 138 creates
a new fourth degree felony offense, making it unlawful to possess a loaded or
unloaded firearm in any courthouse or court facility. Exceptions are made for law enforcement and
court security officers, and firearms may also be used as evidence in court proceedings.
A firearm used for
evidentiary purposes must remain completely inoperative while inside court
facilities, and the person using the firearm as evidence must first give notice
to the court administrator or chief clerk of the court that such firearm will
be presented as evidence.
Significant
Issues
The Attorney General
(AG) notes the requirement that the firearm be made completely inoperative
before it is carried into a courthouse might lead to potential chain of custody
issues, because most evidence is contained in a sealed bag or container when first
presented at a trial. In order to
satisfy the bill, a firearm must be made inoperative before being tagged and
placed inside a sealed container so that, on the day of trial, the sealed
container would not have to be breached outside of the courtroom in order to
make the firearm completely inoperative.
Additionally, the AG
notes that any party wishing to demonstrate the operation of a firearm in a
trial setting would be prevented from doing so under the requirements of the
bill.
The AG also notes that the phrase “completely
inoperative” implies that simply ensuring that the firearm is unloaded will not
be sufficient to accomplish the purpose of the bill. Physical alterations of evidentiary firearms
may be necessary in order to satisfy this requirement.
The AG suggests that rather than requiring
firearms used as evidence be made “completely inoperative,” the language
require that such firearms be unloaded and remain in sealed evidence containers
until presented as evidence at trial.
FISCAL IMPLICATIONS
There
may be a minimal cost to judicial and correctional agencies as a result of
increased litigation.
The
Corrections Department (CD) reports that the bill could spur a slight increase
in probation and parole caseloads and in the prison population. CD also forecasts a minimal increase in revenues
to the intensive supervision fund as a result of increases in probation and
parole caseloads.