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.