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.

 

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

 

 

 

SPONSOR:

Beam

 

DATE TYPED:

02/10/03

 

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)

 

SOURCES OF INFORMATION

 

Responses Received From

Attorney General (AG)

Corrections Department (CD)

 

No Response

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.

 

JCF/yr