By Truan S.B. No. 558
75R314 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the unlawful possession of a firearm by a person who
1-3 has been adjudicated as a juvenile delinquent.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 46.04, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM BY FELON OR
1-8 JUVENILE DELINQUENT. (a) A person who has been convicted of a
1-9 felony commits an offense if he possesses a firearm:
1-10 (1) after conviction and before the fifth anniversary
1-11 of the person's release from confinement following conviction of
1-12 the felony or the person's release from supervision under community
1-13 supervision, parole, or mandatory supervision, whichever date is
1-14 later; or
1-15 (2) after the period described by Subdivision (1), at
1-16 any location other than the premises at which the person lives.
1-17 (b) A person who has been adjudicated delinquent on being
1-18 found to have engaged in conduct violating a penal law of the grade
1-19 of felony commits an offense if he possesses a firearm:
1-20 (1) after adjudication and before the fifth
1-21 anniversary of the date on which:
1-22 (A) the person ceases to be under the
1-23 supervision of the Texas Youth Commission, if the person was
1-24 committed to the Texas Youth Commission other than under a
2-1 determinate sentence;
2-2 (B) the person is discharged from the Texas
2-3 Youth Commission or the Texas Department of Criminal Justice,
2-4 whichever date is later, if the person was committed to the Texas
2-5 Youth Commission under a determinate sentence; or
2-6 (C) the disposition is made or the person
2-7 completes the terms of the disposition, whichever date is later, if
2-8 the person received a disposition that did not include a commitment
2-9 to the Texas Youth Commission; or
2-10 (2) after the period described by Subdivision (1), at
2-11 any location other than the premises at which the person lives.
2-12 (c) An offense under this section is a felony of the third
2-13 degree.
2-14 SECTION 2. This Act takes effect September 1, 1997.
2-15 SECTION 3. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.