ACM S.B. 548 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
S.B. 548
By: Shapiro (Jones, Jesse)
5-15-97
Committee Report (Unamended)


BACKGROUND 

Currently, the unlawful transfer of certain weapons to children younger
than 18 years of age is a Class A misdemeanor.  This legislation makes the
offense a state jail felony if the weapon that is the subject of the
offense is a handgun, in an attempt to deter juvenile crime.   

PURPOSE

As proposed, S.B. 548 establishes the punishment for the offense of
unlawfully transferring a handgun to a child younger than 18 years of age. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 46.06(d), Penal Code, to provide that an offense
under this section is a Class A misdemeanor, except that an offense under
Subsection (a)(2), the offense of intentionally or knowingly selling,
renting, leasing, or giving or offering to rent, lease, or give a handgun
to any child younger than 18 years of age, is a state jail felony. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date:  September 1, 1997.

SECTION 4. Emergency clause.