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.