By Bernsen S.B. No. 259
77R2741 JMG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of making a firearm accessible to a child.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 46.13, Penal Code, is amended by amending
1-5 Subsection (c), adding a new Subsection (d), and redesignating
1-6 current Subsections (d), (e), (f), and (g) as Subsections (e), (f),
1-7 (g), and (h), respectively, to read as follows:
1-8 (c) It is a [an affirmative] defense to prosecution under
1-9 this section that the child's access to the firearm:
1-10 (1) was supervised by a person older than 16 [18]
1-11 years of age [and was for hunting, sporting, or other lawful
1-12 purposes];
1-13 (2) consisted of lawful defense by the child of people
1-14 or property;
1-15 (3) was gained by entering property in violation of
1-16 this code; or
1-17 (4) occurred during a time when the actor was engaged
1-18 in an agricultural enterprise.
1-19 (d) It is an exception to the application of this section
1-20 that the firearm:
1-21 (1) is a rifle or shotgun;
1-22 (2) is the property of the child; and
1-23 (3) was acquired with the consent of a parent or
1-24 guardian for hunting, sporting, or another lawful purpose.
2-1 (e) Except as provided by Subsection (f) [(e)], an offense
2-2 under this section is a Class C misdemeanor.
2-3 (f) [(e)] An offense under this section is a Class A
2-4 misdemeanor if the child discharges the firearm and causes death or
2-5 serious bodily injury to himself or another person.
2-6 (g) [(f)] A peace officer or other person may not arrest the
2-7 actor before the seventh day after the date on which the offense is
2-8 committed if:
2-9 (1) the actor is a member of the family, as defined by
2-10 Section 71.003, Family Code, of the child who discharged the
2-11 firearm; and
2-12 (2) the child in discharging the firearm caused the
2-13 death of or serious injury to the child.
2-14 (h) [(g)] A dealer of firearms shall post in a conspicuous
2-15 position on the premises where the dealer conducts business a sign
2-16 that contains the following warning in block letters not less than
2-17 one inch in height:
2-18 "IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN
2-19 UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY
2-20 TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."
2-21 SECTION 2. This Act takes effect September 1, 2001, and
2-22 applies only to an offense committed on or after that date. An
2-23 offense committed before the effective date of this Act is covered
2-24 by the law in effect when the offense was committed, and the former
2-25 law is continued in effect for that purpose. For purposes of this
2-26 section, an offense was committed before the effective date of this
2-27 Act if any element of the offense occurred before that date.