By Burnam                                        H.B. No. 660

      75R4265 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to creating the offense of unlawful possession of certain

 1-3     firearms by a minor.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 46, Penal Code, is amended by adding

 1-6     Section 46.021 to read as follows:

 1-7           Sec. 46.021.  UNLAWFUL POSSESSION OF CERTAIN FIREARMS BY

 1-8     MINOR.  (a)  In this section, "minor" means an individual who:

 1-9                 (1)  is younger than 17 years of age;

1-10                 (2)  is not married; and

1-11                 (3)  has not had the disabilities of minority removed.

1-12           (b)  A minor commits an offense if the minor possesses a

1-13     firearm other than a handgun.

1-14           (c)  It is an affirmative defense to prosecution under this

1-15     section that the actor was, at the time of the commission of the

1-16     offense:

1-17                 (1)  engaging in lawful hunting or other sporting

1-18     activity on the immediate premises where the activity is conducted,

1-19     if a firearm is commonly used in the activity; or

1-20                 (2)  accompanied by a parent or legal guardian.

1-21           (d)  An offense under this section is a Class A misdemeanor.

1-22           SECTION 2.  Section 8.07, Penal Code, is amended to read as

1-23     follows:

1-24           Sec. 8.07.  AGE AFFECTING CRIMINAL RESPONSIBILITY.  (a)  A

 2-1     person may not be prosecuted for or convicted of any offense that

 2-2     he committed when younger than 15 years of age except:

 2-3                 (1)  perjury and aggravated perjury when it appears by

 2-4     proof that he had sufficient discretion to understand the nature

 2-5     and obligation of an oath;

 2-6                 (2)  a violation of a penal statute cognizable under

 2-7     Chapter 729, Transportation Code [302, Acts of the 55th

 2-8     Legislature, Regular Session, 1957 (Article 6701l-4, Vernon's Texas

 2-9     Civil Statutes)];

2-10                 (3)  a violation of a motor vehicle traffic ordinance

2-11     of an incorporated city or town in this state;

2-12                 (4)  a misdemeanor punishable by fine only other than

2-13     public intoxication;

2-14                 (5)  a violation of a penal ordinance of a political

2-15     subdivision; [or]

2-16                 (6)  a violation of a penal statute that is, or is a

2-17     lesser included offense of, a capital felony, an aggravated

2-18     controlled substance felony, or a felony of the first degree for

2-19     which the person is transferred to the court under Section 54.02,

2-20     Family Code, for prosecution if the person committed the offense

2-21     when 14 years of age or older; or

2-22                 (7)  a violation of Section 46.021.

2-23           (b)  Unless the juvenile court waives jurisdiction under

2-24     Section 54.02, Family Code, and certifies the individual for

2-25     criminal prosecution or the juvenile court has previously waived

2-26     jurisdiction under that section and certified the individual for

2-27     criminal prosecution, a person may not be prosecuted for or

 3-1     convicted of any offense committed before reaching 17 years of age

 3-2     except an offense described by Subsections (a)(1)-(5) or described

 3-3     by Subsection (a)(7).

 3-4           (c)  No person may, in any case, be punished by death for an

 3-5     offense committed while he was younger than 17 years.

 3-6           SECTION 3.  Section 51.03(c), Family Code, is amended to read

 3-7     as follows:

 3-8           (c)  Nothing in this title prevents criminal proceedings

 3-9     against a child for perjury or for committing an offense under

3-10     Section 46.021, Penal Code.

3-11           SECTION 4.  Section 51.08(a), Family Code, is amended to read

3-12     as follows:

3-13           (a)  If the defendant in a criminal proceeding is a child who

3-14     is charged with an offense other than perjury, an offense under

3-15     Section 46.021, Penal Code, a traffic offense, a misdemeanor

3-16     punishable by fine only other than public intoxication, or a

3-17     violation of a penal ordinance of a political subdivision, unless

3-18     he has been transferred to criminal court under Section 54.02 of

3-19     this code, the court exercising criminal jurisdiction shall

3-20     transfer the case to the juvenile court, together with a copy of

3-21     the accusatory pleading and other papers, documents, and

3-22     transcripts of testimony relating to the case, and shall order that

3-23     the child be taken to the place of detention designated by the

3-24     juvenile court, or shall release him to the custody of his parent,

3-25     guardian, or custodian, to be brought before the juvenile court at

3-26     a time designated by that court.

3-27           SECTION 5.  This Act takes effect September 1, 1997.

 4-1           SECTION 6.  The importance of this legislation and the

 4-2     crowded condition of the calendars in both houses create an

 4-3     emergency and an imperative public necessity that the

 4-4     constitutional rule requiring bills to be read on three several

 4-5     days in each house be suspended, and this rule is hereby suspended.