HBA-SEP H.B. 2568 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2568
By: Hinojosa
Criminal Jurisprudence
3/19/2001
Introduced



BACKGROUND AND PURPOSE 

Current law provides that it is a third degree felony if a convicted felon
possesses a firearm in the five years after the felon's release, but does
not provide a penalty for a convicted felon who has been placed on deferred
adjudication and possesses a firearm.  Some believe that all felons should
be prohibited from possessing firearms.  House Bill 2568 provides that it
is a third degree felony if a person has been placed on deferred
adjudication community supervision for a felony and possesses a firearm
after the placement and before the fifth anniversary of the date on which
the proceedings are dismissed and the person is discharged.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2568 amends the Penal Code to provide that it is a third degree
felony if a person has been placed on deferred adjudication community
supervision for a felony and possesses a firearm after the placement and
before the fifth anniversary of the date on which the proceedings are
dismissed and the person is discharged.   

EFFECTIVE DATE

September 1, 2001.