MODIFY PENALTY FOR CERTAIN VIOLATIONS BY
HOLDER OF EXPIRED CONCEALED PISTOL LICENSE
House Bill 4434 as introduced
Sponsor: Rep. Matt Hall
Committee: Military, Veterans and Homeland Security
Complete to 4-29-19
SUMMARY:
House Bill 4434 would amend the Michigan Penal Code to establish a civil fine, instead of the current felony penalty, for carrying a concealed pistol on an expired concealed pistol license (CPL) if the license had expired within the previous year.
An individual is prohibited from publicly carrying a pistol concealed on or about his or her person or, whether concealed or not, in a vehicle he or she is operating or riding in without a CPL. Even if licensed, he or she cannot carry the pistol in a place or manner inconsistent with any license restrictions. A violation is a felony punishable by imprisonment for up to five years or a fine of up to $2,500, or both.
Under the bill, a CPL holder who carried a pistol in a vehicle or concealed on his or her person after the license expired would be subject to a civil fine of $330, instead of the felony penalty described above, if both of the following conditions were met:
· The CPL expired not more than one year before the date of the violation.
· The person was eligible to obtain a CPL under section 5b of 1927 PA 372, the handgun licensure act.
If the person received a renewal license within 60 business days after the violation, he or she would not be subject to the civil fine.
MCL 750.227
FISCAL IMPACT:
House Bill 4434 would have an indeterminate fiscal impact on the state and on local units of government. The fiscal impact would depend on the number of offenders who would be assigned a civil fine instead of convicted of a felony under provision of the bill. Fewer felony convictions would result in reduced costs for the state correctional system. In fiscal year 2018, the average cost of prison incarceration in a state facility was roughly $38,000 per prisoner, a figure that includes various fixed administrative and operational costs. State costs for parole and felony probation supervision averaged about $3,700 per supervised offender in the same year. Those costs are financed with state general fund/general purpose revenue. Any decrease in penal fine revenues would decrease funding available for local libraries, which are the constitutionally designated recipients of those revenues. The state could see an increase in civil fine revenue, which is typically deposited into the state Justice System Fund, which supports various justice-related endeavors in the judicial and legislative branches of government and the Departments of State Police, Corrections, Health and Human Services, and Treasury. The fiscal impact on local court systems would depend on how the provisions of the bill affected caseloads and related administrative costs.
The bill would not have a significant fiscal impact on the Department of State Police or local law enforcement agencies.
Fiscal Analysts: Robin Risko
Marcus Coffin
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.