[1] 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 in any other situation.

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F I S C A L I M P A C T R E P O R T

SPONSOR:	HJC		DATE TYPED:	02/06/02		HB	313/HJCS
SHORT TITLE:		Possession of Biological or Chemical Weapon				SB
					ANALYST:		Wilson

APPROPRIATION

Appropriation Contained		Estimated Additional Impact		Recurring or Non-Rec	Fund Affected
FY02	FY03	FY02	FY03
		$0.1 Indeterminate

SOURCES OF INFORMATION

LFC files

SUMMARY

Synopsis of Bill

House Bill 313/HJCS creates a fourth-degree felony offense for the unlawful possession of a biological or chemical weapon. “Unlawful possession” consists of knowingly possessing a biological or chemical weapon, or a combination of materials used to create a biological or chemical weapon, with the specific intent to cause death or great bodily harm to a person.

House Bill 313/HJCS defines “biological weapon” as any device or delivery system capable of releasing a biological agent that uses a microorganism or a toxin produced by a living organism, in any form or by any means that will or may cause death or great bodily harm to a person. It also defines “chemical weapon” as any device or delivery system that uses the toxic properties of a chemical in any form that may cause death or great bodily harm to a person.

HB 313/HJCS exempts certain self-defense devices and provides that the statute would not apply to those authorized by the state or federal government to have such weapons.

FISCAL IMPLICATIONS

The AOC states that any additional fiscal impact on the judiciary would be proportional to the enforcement of this law and commenced prosecutions. New laws, amendments to existing laws, and

new hearings have the potential to increase caseloads in the courts, thus requiring additional resources to handle the increase.

ADMINISTRATIVE IMPLICATIONS

There will be a minimal administrative cost for statewide update, distribution, and documentation of statutory changes.

DW/ar