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.