By Schechter, et al. H.B. No. 541
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prevention of death and serious injury to children when
1-3 firearms are left unsupervised and unprotected against free access
1-4 by children, hereby known as the Children's Firearm Accident
1-5 Prevention Act and the response of the State thereto
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Title 10, Penal Code, is amended by adding
1-8 Article 46.13, to read as follows:
1-9 Art. 46.13. STORAGE OF LAWFUL FIREARM
1-10 (a) Storage of Lawful Firearm. Except as provided in this
1-11 section, a person commits an offense if the person intentionally,
1-12 knowingly, recklessly or by criminal negligence stores, transports,
1-13 or abandons a loaded firearm, or an unloaded firearm accompanied by
1-14 ammunition, in any location under his control where the person
1-15 knows, or reasonable should know, that an unsupervised child under
1-16 the age of 16 years is likely to gain access.
1-17 A parent or guardian of a child who is shot as the result of
1-18 violation of this section shall be prosecuted only in those
1-19 instances in which the parent or guardian behaved in a grossly
1-20 negligent manner or where similarly egregious circumstances exist.
1-21 This subdivision shall not otherwise restrict, in any manner, the
1-22 factors that a district attorney may consider when deciding whether
1-23 to prosecute alleged violations of this section.
2-1 (b) It is an affirmative defense to prosecution under this
2-2 section that:
2-3 (1) the firearm had been secured with a trigger lock
2-4 or other similar device which prevented the firearm from
2-5 discharging;
2-6 (2) the child's access to firearms was supervised by
2-7 an adult;
2-8 (3) the child's access to firearms was obtained as a
2-9 result of an unlawful entry;
2-10 (4) the firearm was left in a reasonably-secure locked
2-11 box or container; or
2-12 (5) the injuries resulted from target or sport
2-13 shooting accident or hunting accident.
2-14 (c) This section does not apply to members of the Armed
2-15 Forces, National Guard, or State Militia, or other law enforcement
2-16 officers, during or incidental to performance of their official
2-17 duties.
2-18 (d) If the person who allegedly violated this section is the
2-19 parent or guardian of a child who is accidentally shot, no arrest
2-20 of the person shall be made pursuant to this subsection prior to at
2-21 least seven (7) days after the date of the shooting.
2-22 (e) For purposes of this section, "Ammunition" means any
2-23 ammunition cartridge, shell or other device containing explosive or
2-24 incendiary material designed and intended for use in any firearm.
2-25 (f) A person who is subject to prosecution under both this
3-1 section and another section of this code may be prosecuted under
3-2 either or both sections. Section 3.04 of this code does not apply
3-3 to criminal episodes prosecuted under both this section and another
3-4 section of this code. If a criminal episode is prosecuted under
3-5 both this section and another section of this code and sentences
3-6 are assessed for convictions under both sections, the sentences
3-7 shall run concurrently.
3-8 (g) An offense under this section subjects the offender to
3-9 100 hours of public service in a local hospital trauma unit as
3-10 determined by the magistrate, unless a child under the age of 16 is
3-11 shot, in which event, it is a Class A misdemeanor.
3-12 SECTION 2. Title 10, Penal Code, Section 46.07 is amended by
3-13 adding Subsection (d) and (e) to read as follows:
3-14 (d) A lawfully licensed firearm dealer engaged in the
3-15 business of selling, renting, leasing, or offering to sell, rent or
3-16 lease any firearm commits an offense if he:
3-17 (1) fails to offer to sell, rent, lease or give a
3-18 firearm purchaser a trigger lock or similar device intended to
3-19 prevent the firearm from accidental discharge; or
3-20 (2) fails to conspicuously post within the licensed
3-21 premises the following warning in block letters not less than one
3-22 inch in height:
3-23 "IT IS UNLAWFUL TO STORE, TRANSPORT OR ABANDON AN
3-24 UNLOCKED FIREARM WHERE CHILDREN CAN OBTAIN ACCESS."
3-25 (e) An offense under this section is a Class A misdemeanor
4-1 unless it is committed under Subsection (d)(1) or (d)(2) of this
4-2 section, in which event, it is a Class C misdemeanor.
4-3 SECTION 3. Title 10, Penal Code, Section 46.01 is amended by
4-4 adding Subdivisions (16)-(18) to read as follows:
4-5 (16) "Department" means the Department of Public
4-6 Safety
4-7 (17) "Director" means the director of the Department
4-8 of Public Safety or the director's designated agent.
4-9 (18) "Officer" means a licensed peace officer employed
4-10 by the Department.
4-11 SECTION 4. Title 10, Penal Code, is amended by adding
4-12 Article 46.14, to read as follows:
4-13 Art. 46.14. CHILD INJURY CENTRAL REGISTRY
4-14 (a) The Department director shall merge all vital statistics
4-15 concerning deaths or serious injury resulting from violations of
4-16 Section 46.13 into a central registry. These vital statistics
4-17 shall be obtained from any and all law enforcement agencies
4-18 investigating and/or reporting such information. The director may
4-19 take such other actions deemed necessary to complete the processing
4-20 and compilations of the vital statistics.
4-21 (b) Vital statistic compilations shall contain:
4-22 (1) Name and location of the offender;
4-23 (2) All vital statistics relating to type of injury or
4-24 death;
4-25 (3) Number of previous violations;
5-1 (4) Amount of public service, if any, served; and
5-2 (5) Amount of fine, if any, assessed against offender.
5-3 (c) Upon request, the Department director may forward and/or
5-4 supply vital statistic compilations to public and private entities.
5-5 SECTION 5. PUNISHMENT OF PRIOR VIOLATIONS.
5-6 This Act applies only to offenses committed on or after the
5-7 effective date of this Act. An offense is committed before the
5-8 effective date of this Act is governed by the laws in effect when
5-9 the offense was committed and liability or a penalty may be imposed
5-10 as if this Act were not in force.
5-11 SECTION 6. This Act takes effect _________________.
5-12 SECTION 7. The importance of this legislation and the
5-13 crowded condition of the calendars in both houses create an
5-14 emergency and an imperative public necessity that the
5-15 constitutional rule requiring bills to be read on three several
5-16 days in each house be suspended, and this rule is hereby suspended.