By Hinojosa H.B. No. 2568 77R8418 GWK-D 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) For purposes of this section, a defendant has been 1-23 convicted of a felony if the defendant was adjudged guilty of the 1-24 offense or entered a plea of guilty or nolo contendere in return 2-1 for a grant of deferred adjudication, regardless of whether the 2-2 sentence for the offense was ever imposed or whether the sentence 2-3 was probated and the defendant was subsequently discharged from 2-4 community supervision. 2-5 (d) An offense under this section is a felony of the third 2-6 degree. 2-7 SECTION 2. (a) The change in law made by this Act applies 2-8 only to a defendant charged with an offense under Section 46.04, 2-9 Penal Code, as amended by this Act, committed on or after the 2-10 effective date of this Act. For purposes of this section, an 2-11 offense is committed before the effective date of this Act if any 2-12 element of the offense occurs before the effective date. 2-13 (b) An offense under Section 46.04, Penal Code, committed 2-14 before the effective date of this Act is covered by the law in 2-15 effect when the offense was committed, and the former law is 2-16 continued in effect for that purpose. 2-17 SECTION 3. This Act takes effect September 1, 2001.