By Reyna of Bexar H.B. No. 1555 77R6245 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the unlawful possession of a firearm by a felon. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 46.04, Penal Code, is amended to read as 1-5 follows: 1-6 Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM BY FELON. (a) A 1-7 person who has been convicted of a felony commits an offense if he 1-8 possesses a firearm: 1-9 (1) after conviction and before the fifth anniversary 1-10 of the person's release from confinement following conviction of 1-11 the felony or the person's release from supervision under community 1-12 supervision, parole, or mandatory supervision, whichever date is 1-13 later; or 1-14 (2) after the period described by Subdivision (1), at 1-15 any location other than the premises at which the person lives. 1-16 (b) A person commits an offense if the person has been 1-17 placed on deferred adjudication community supervision for a felony 1-18 under Section 5, Article 42.12, Code of Criminal Procedure, and 1-19 possesses a firearm after the placement and before the fifth 1-20 anniversary of the date on which the proceedings are dismissed and 1-21 the person is discharged under Section 5(c), Article 42.12. 1-22 (c) An offense under this section is a felony of the third 1-23 degree. 1-24 SECTION 2. (a) The change in law made by this Act applies 2-1 only to an offense committed on or after the effective date of this 2-2 Act. For purposes of this section, an offense is committed before 2-3 the effective date of this Act if any element of the offense occurs 2-4 before the effective date. 2-5 (b) An offense committed before the effective date of this 2-6 Act is covered by the law in effect when the offense was committed, 2-7 and the former law is continued in effect for that purpose. 2-8 SECTION 3. This Act takes effect September 1, 2001.