BILL ANALYSIS
Senate Research Center H.B. 1889
80R17514 E By: Raymond (Zaffirini)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Essential to the fair and impartial administration of justice and integrity of state courts is a safe and secure environment that balances security with openness. However, judges are often the victims of hostile acts, ranging from harassment to murder. Current law authorizes a properly licensed judge to carry a concealed weapon in certain forums, but not a bailiff who escorts the judge. In addition, neither a judge nor a bailiff is authorized to carry a concealed handgun on the premises of a courthouse.
H.B. 1889 provides that certain laws regarding the unlawful carrying of a weapon and the locations in which weapons are prohibited do not apply to a bailiff escorting a judge. The bill also provides a defense to the prosecution of an offense regarding a concealed handgun license holder who carries a weapon onto certain premises if the person carrying the weapon is a bailiff or judge.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 46.15(a), Penal Code, to provide that Sections 46.02 (Unlawful Carrying Weapons) and 46.03 (Places Weapons Prohibited) do not apply to a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a concealed handgun under Chapter 411, Government Code, and engaged in escorting the judicial officer.
SECTION 2. Amends Section 46.035, Penal Code, by adding Subsection (h-1) to provide that it is a defense to prosecution under Subsections (b) and (c) (regarding an offense involving a concealed handgun license holder who intentionally, knowingly, or recklessly carries a handgun, regardless of whether the handgun is concealed, on or about the license holder's person on certain premises or at a meeting of a governmental entity) that the actor, at the time of the commission of the offense, was an active judicial officer, as defined by Section 411.201, Government Code, or a bailiff designated by the active judicial officer and engaged in escorting the officer.
SECTION 3. Makes application of this Act prospective.
SECTION 4. Effective date: upon passage or September 1, 2007.