By: West S.B. No. 68
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the reckless discharge of a firearm; creating an
1-2 offense and providing criminal penalties and civil remedies.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 42, Penal Code, is amended by adding
1-5 Section 42.12 to read as follows:
1-6 Sec. 42.12. DISCHARGE OF FIREARM IN CERTAIN METROPOLITAN
1-7 AREAS. (a) A person commits an offense if the person recklessly
1-8 discharges a firearm inside the corporate limits of a municipality
1-9 having a population of 100,000 or more.
1-10 (b) An offense under this section is a Class A misdemeanor.
1-11 (c) If conduct constituting an offense under this section
1-12 also constitutes an offense under another section of this code, the
1-13 person may be prosecuted under either section.
1-14 SECTION 2. Section 125.001, Civil Practice and Remedies
1-15 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
1-16 857, Acts of the 73rd Legislature, Regular Session, 1993, is
1-17 amended to read as follows:
1-18 Sec. 125.001. COMMON NUISANCE. A person who knowingly
1-19 maintains a place to which persons habitually go for the purpose of
1-20 prostitution or gambling in violation of the Penal Code, for the
1-21 purpose of reckless discharge of a firearm as described by Section
1-22 42.12 <42.015>, Penal Code, for the purpose of engaging in
1-23 organized criminal activity as a member of a combination <or as a
2-1 member of a criminal street gang> as described by Section 71.02,
2-2 Penal Code, or for the delivery or use of a controlled substance in
2-3 violation of Chapter 481, Health and Safety Code, maintains a
2-4 common nuisance.
2-5 SECTION 3. Section 125.004(a), Civil Practice and Remedies
2-6 Code, is amended to read as follows:
2-7 (a) Proof that prostitution or gambling in violation of the
2-8 Penal Code, that reckless discharge of a firearm as described by
2-9 Section 42.12 <42.015>, Penal Code, or that the delivery or use of
2-10 a controlled substance in violation of Chapter 481, Health and
2-11 Safety Code, is frequently committed at the place involved or that
2-12 the place is frequently used for reckless discharge of a firearm as
2-13 described by Section 42.12 <42.015>, Penal Code, is prima facie
2-14 evidence that the proprietor knowingly permitted the act.
2-15 SECTION 4. Section 125.004(b), Civil Practice and Remedies
2-16 Code, as amended by Section 3, Chapter 857, and Section 2, Chapter
2-17 968, Acts of the 73rd Legislature, Regular Session, 1993, is
2-18 amended to read as follows:
2-19 (b) Evidence that persons have been convicted of gambling,
2-20 committing prostitution, reckless discharge of a firearm as
2-21 described by Section 42.12 <42.015>, Penal Code, engaging in
2-22 organized criminal activity as a member of a combination <or a
2-23 criminal street gang> as described by Section 71.02, Penal Code, or
2-24 delivering or using a controlled substance in violation of Chapter
2-25 481, Health and Safety Code, in the place involved is admissible to
3-1 show knowledge on the part of the defendant that the act occurred.
3-2 The originals or certified copies of the papers and judgments of
3-3 those convictions are admissible in the suit for injunction, and
3-4 oral evidence is admissible to show that the offense for which a
3-5 person was convicted was committed at the place involved.
3-6 SECTION 5. Section 125.021, Civil Practice and Remedies
3-7 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
3-8 857, Acts of the 73rd Legislature, Regular Session, 1993, is
3-9 amended to read as follows:
3-10 Sec. 125.021. PUBLIC NUISANCE. The habitual use or the
3-11 threatened or contemplated habitual use of any place for any of the
3-12 following purposes is a public nuisance:
3-13 (1) gambling, gambling promotion, or communicating
3-14 gambling information prohibited by law;
3-15 (2) promotion or aggravated promotion of prostitution;
3-16 (3) compelling prostitution;
3-17 (4) commercial manufacture, commercial distribution,
3-18 or commercial exhibition of obscene material;
3-19 (5) commercial exhibition of live dances or other acts
3-20 depicting real or simulated sexual intercourse or deviate sexual
3-21 intercourse;
3-22 (6) engaging in a voluntary fight between a man and a
3-23 bull if the fight is for a thing of value or a championship, if a
3-24 thing of value is wagered on the fight, or if an admission fee for
3-25 the fight is directly or indirectly charged, as prohibited by law;
4-1 (7) reckless discharge of a firearm as described by
4-2 Section 42.12 <42.015>, Penal Code; <or>
4-3 (8) <(7)> engaging in organized criminal activity as a
4-4 member of a combination <or as a member of a criminal street gang>
4-5 as described by Section 71.02, Penal Code; or
4-6 (9) <(8)> delivering or using a controlled substance
4-7 in violation of Chapter 481, Health and Safety Code.
4-8 SECTION 6. Section 125.041, Civil Practice and Remedies
4-9 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
4-10 857, Acts of the 73rd Legislature, Regular Session, 1993, is
4-11 amended to read as follows:
4-12 Sec. 125.041. PUBLIC NUISANCE. For the purposes of this
4-13 subchapter, a public nuisance is considered to exist at a place if
4-14 one or more of the following acts occurs at that place on a regular
4-15 basis:
4-16 (1) gambling, gambling promotion, or communication of
4-17 gambling information, as prohibited by Chapter 47, Penal Code;
4-18 (2) promotion or aggravated promotion of prostitution,
4-19 as prohibited by Chapter 43, Penal Code;
4-20 (3) compelling prostitution, as prohibited by Chapter
4-21 43, Penal Code;
4-22 (4) commercial manufacture, commercial distribution,
4-23 or commercial exhibition of material that is obscene, as defined by
4-24 Section 43.21, Penal Code;
4-25 (5) commercial exhibition of a live dance or other act
5-1 in which a person engages in real or simulated sexual intercourse
5-2 or deviate sexual intercourse, as defined by Section 43.01, Penal
5-3 Code;
5-4 (6) reckless discharge of a firearm as described by
5-5 Section 42.12 <42.015>, Penal Code; <or>
5-6 (7) <(6)> engaging in organized criminal activity as a
5-7 member of a combination <or as a member of a criminal street gang>
5-8 as described by Section 71.02, Penal Code; or
5-9 (8) <(7)> manufacture, delivery, or use of a
5-10 controlled substance in violation of Chapter 481, Health and Safety
5-11 Code.
5-12 SECTION 7. The change in law made by Sections 2-6 of this
5-13 Act applies only to a cause of action that accrues on or after the
5-14 effective date of this Act. A cause of action that accrues before
5-15 the effective date of this Act is governed by the law in effect at
5-16 the time the cause of action accrued, and that law is continued in
5-17 effect for that purpose.
5-18 SECTION 8. This Act takes effect September 1, 1995.
5-19 SECTION 9. The importance of this legislation and the
5-20 crowded condition of the calendars in both houses create an
5-21 emergency and an imperative public necessity that the
5-22 constitutional rule requiring bills to be read on three several
5-23 days in each house be suspended, and this rule is hereby suspended.