SRC-CDH S.B. 548 75(R)BILL ANALYSIS


Senate Research CenterS.B. 548
By: Shapiro
Criminal Justice
4-22-97
Committee Report (Amended)


DIGEST 

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

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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.

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Page 1, lines 8-9, strike "felony of the third degree" and insert "state
jail felony," to amend the punishment for the offense of unlawfully
transferring a weapon.