By: Eckels H.B. No. 2447 73R6718 CLG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the punishment and eligibility for probation or release 1-3 on parole or to mandatory supervision of a defendant who uses or 1-4 carries a firearm or other prohibited weapon during the commission 1-5 of or during immediate flight after the commission of certain 1-6 felony offenses. 1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-8 SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended 1-9 by adding Section 12.48 to read as follows: 1-10 Sec. 12.48. PENALTY IF FIREARM OR PROHIBITED WEAPON IS 1-11 CARRIED OR USED. (a) The minimum term of imprisonment otherwise 1-12 prescribed for a felony under Title 5, Penal Code, or Chapter 481, 1-13 Health and Safety Code, is increased by: 1-14 (1) five years if it is shown on the trial of the 1-15 offense that the defendant used or carried a firearm other than a 1-16 prohibited weapon during the commission of the offense or during 1-17 immediate flight after the commission of the offense. 1-18 (2) 10 years if it is shown on the trial of the 1-19 offense that the defendant used or carried a prohibited weapon 1-20 during the commission of the offense or during immediate flight 1-21 after the commission of the offense. 1-22 (b) Notwithstanding any other provisions of law, a defendant 1-23 is not eligible to be placed on probation or to be released on 1-24 parole or to mandatory supervision if the minimum term of the 2-1 defendant's imprisonment is increased under this section. 2-2 (c) In this section: 2-3 (1) "Firearm," "firearm silencer," and "machine gun" 2-4 have the meanings assigned by Section 46.01 of this code. 2-5 (2) "Prohibited weapon" means a machine gun or a 2-6 firearm with a firearm silencer. 2-7 SECTION 2. (a) The change in law made by this Act applies 2-8 only to an offense committed on or after the effective date of this 2-9 Act. For purposes of this section, an offense is committed before 2-10 the effective date of this Act if any element of the offense occurs 2-11 before the effective date. 2-12 (b) An offense committed before the effective date of this 2-13 Act is covered by the law in effect when the offense was committed, 2-14 and the former law is continued in effect for this purpose. 2-15 SECTION 3. This Act takes effect September 1, 1993. 2-16 SECTION 4. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended.