Bill: HB 2880, 85(R) - 2017

Committee

House Public Education

2nd Chamber Committee

Senate Criminal Justice

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
Yes Neutral Neutral Neutral Positive Neutral

Author(s)

Harold Dutton Jr.

Sponsor(s)

Jose Menendez

Bill Caption

Relating to the criminal punishment for the threatened exhibition or use of a firearm in or on school property or on a school bus. 

Fiscal Notes

No significant fiscal implication to the State is anticipated. 

Bill Analysis

This bill would modify the penalty for the threat of exhibiting a firearm in certain circumstances. Under current law, it is a third-degree felony to threaten to exhibit or use a firearm on or in any school property including a school bus. If this bill passes, a threat to exhibit or use a firearm in or on certain private and public school property or on a school bus, would be punishable as a Class A misdemeanor.

Vote Recommendation Notes

While it may be a serious offense to threaten to exhibit or use a firearm on or in school property, we are not convinced that every such a threat constitutes a felony level offense. A felony offense means that a person would have to face the lifelong collateral consequences that arise due to the conviction, this is especially problematic if the felony is for a mere threat they made as a child.

It is not uncommon for school children make foolish blustering threats they have no intention of backing up, or perhaps even lack the ability to back up. These immature youthful indiscretions should not be punished at a higher level than necessary. For this bill’s role in reducing overcriminalization, we support HB 2880.

Organizations Supporting

City of Garland

Source URL (retrieved on 04/24/2024 02:04 AM): http://reports.texasaction.com/bill/85r/hb2880?print_view=true