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.