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.