By Hinojosa H.B. No. 369 77R387 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of the offense of using, carrying, or 1-3 exhibiting a firearm during the commission of certain offenses and 1-4 to the sentencing of a defendant convicted of the offense. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 46, Penal Code, is amended by adding 1-7 Section 46.14 to read as follows: 1-8 Sec. 46.14. USING FIREARM DURING COMMISSION OF OFFENSE. (a) 1-9 A person commits an offense if, during the commission of an offense 1-10 other than an offense under this chapter, the person knowingly 1-11 uses, carries, or exhibits a firearm. 1-12 (b) An offense under this section is punishable by 1-13 imprisonment in the institutional division for a term of five 1-14 years. 1-15 SECTION 2. Article 42.08, Code of Criminal Procedure, is 1-16 amended by adding Subsection (d) to read as follows: 1-17 (d) If a defendant is sentenced for an offense under Section 1-18 46.14, Penal Code, the judge shall order the sentence for the 1-19 offense to commence immediately on completion of the sentence for 1-20 the underlying offense alleged and proven as an element of the 1-21 offense under Section 46.14. 1-22 SECTION 3. Article 42.12, Code of Criminal Procedure, is 1-23 amended by adding Section 3h to read as follows: 1-24 Sec. 3h. LIMITATION ON SUPERVISION FOR CERTAIN WEAPONS 2-1 OFFENSES. The provisions of Sections 3, 4, and 5 do not apply to a 2-2 defendant adjudged guilty of an offense under Section 46.14, Penal 2-3 Code. 2-4 SECTION 4. Section 508.145(a), Government Code, is amended to 2-5 read as follows: 2-6 (a) An inmate under sentence of death or serving a sentence 2-7 for an offense under Section 46.14, Penal Code, is not eligible for 2-8 release on parole. 2-9 SECTION 5. This Act takes effect September 1, 2001. The 2-10 change in law made by this Act applies only to an offense committed 2-11 on or after the effective date of this Act. An offense committed 2-12 before the effective date of this Act is covered by the law in 2-13 effect when the offense was committed, and the former law is 2-14 continued in effect for that purpose. For purposes of this 2-15 section, an offense was committed before the effective date of this 2-16 Act if any element of the offense occurred before that date.