By Goodman, Danburg, Hinojosa, Ehrhardt                H.B. No. 599
         77R9520 JMC-F                           
                                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 having engaged in certain delinquent
 1-4     conduct.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 46.04, Penal Code, is amended to read as
 1-7     follows:
 1-8           Sec. 46.04.  UNLAWFUL POSSESSION OF FIREARM BY FELON.  (a)  A
 1-9     person who has been convicted of a felony commits an offense if the
1-10     person [he] possesses a firearm:
1-11                 (1)  after conviction and before the fifth anniversary
1-12     of the person's release from confinement following conviction of
1-13     the felony or the person's release from supervision under community
1-14     supervision, parole, or mandatory supervision, whichever date is
1-15     later; or
1-16                 (2)  after the period described by Subdivision (1), at
1-17     any location other than the premises at which the person lives.
1-18           (b)  A person who has been adjudicated by a juvenile court as
1-19     having engaged in delinquent conduct that violates a penal law of
1-20     the grade of felony covered by Section 53.045, Family Code, and for
1-21     which a juvenile court petition has been approved by the grand jury
1-22     commits an offense if the person possesses a firearm:
1-23                 (1)  after adjudication and before the fifth
1-24     anniversary of the person's discharge from service of sentence or
 2-1     release from juvenile probation, adult community supervision,
 2-2     juvenile parole, adult parole, or adult mandatory supervision,
 2-3     whichever date is later; or
 2-4                 (2)  after the period described by Subdivision (1), for
 2-5     an additional period of 10 years at any location other than the
 2-6     premises at which the person lives.
 2-7           (c)  An offense under this section is a felony of the third
 2-8     degree.
 2-9           SECTION 2.  This Act takes effect September 1, 2001, and
2-10     applies only to an offense committed on or after that date.  An
2-11     offense committed before the effective date of this Act is covered
2-12     by the law in effect when the offense was committed, and the former
2-13     law is continued in effect for that purpose.  For purposes of this
2-14     section, an offense was committed before the effective date of this
2-15     Act if any element of the offense occurred before that date.