By: Carona S.B. No. 2225
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the civil and criminal consequences of engaging in
  certain conduct involving the possession or transfer of a firearm
  and to creating the offense of firearm smuggling; providing
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 46, Penal Code, is amended by adding
  Section 46.14 to read as follows:
         Sec. 46.14.  FIREARM SMUGGLING.  (a)  A person commits an
  offense if the person knowingly:
               (1)  possesses or transports a firearm knowing that the
  firearm was acquired in violation of the laws of any state or of the
  United States; or
               (2)  transfers a firearm to another person knowing that
  the firearm was previously acquired in violation of the laws of any
  state or of the United States.
         (b)  An offense under this section is a felony of the third
  degree, unless it is shown on the trial of the offense that the
  offense was committed with respect to three or more firearms in a
  single criminal episode, in which event the offense is a felony of
  the second degree.
         (c)  Notwithstanding Subsection (b), the punishment
  prescribed for an offense under this section is increased to the
  punishment prescribed for the next highest category of offense if
  it is shown on the trial of the offense that the actor, at the time
  of the offense, was engaged in the business of possessing,
  transporting, or transferring firearms acquired in violation of the
  laws of any state or of the United States.  For purposes of this
  subsection, a person is considered to have engaged in business if,
  on more than one occasion, the person engaged in the applicable
  conduct for profit or any other form of remuneration.
         (d)  This section does not apply to a peace officer who is
  engaged in the actual discharge of an official duty.
         (e)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 2.  Section 71.02(a), Penal Code, is amended to read
  as follows:
         (a)  A person commits an offense if, with the intent to
  establish, maintain, or participate in a combination or in the
  profits of a combination or as a member of a criminal street gang,
  the person [he] commits or conspires to commit one or more of the
  following:
               (1)  murder, capital murder, arson, aggravated
  robbery, robbery, burglary, theft, aggravated kidnapping,
  kidnapping, aggravated assault, aggravated sexual assault, sexual
  assault, forgery, deadly conduct, assault punishable as a Class A
  misdemeanor, burglary of a motor vehicle, or unauthorized use of a
  motor vehicle;
               (2)  any gambling offense punishable as a Class A
  misdemeanor;
               (3)  promotion of prostitution, aggravated promotion
  of prostitution, or compelling prostitution;
               (4)  unlawful manufacture, transportation, repair, or
  sale of firearms or prohibited weapons;
               (5)  unlawful manufacture, delivery, dispensation, or
  distribution of a controlled substance or dangerous drug, or
  unlawful possession of a controlled substance or dangerous drug
  through forgery, fraud, misrepresentation, or deception;
               (6)  any unlawful wholesale promotion or possession of
  any obscene material or obscene device with the intent to wholesale
  promote the same;
               (7)  any offense under Subchapter B, Chapter 43,
  depicting or involving conduct by or directed toward a child
  younger than 18 years of age;
               (8)  any felony offense under Chapter 32;
               (9)  any offense under Chapter 36;
               (10)  any offense under Chapter 34 or 35;
               (11)  any offense under Section 37.11(a);
               (12)  any offense under Chapter 20A; [or]
               (13)  any offense under Section 37.10; or
               (14)  any felony offense under Section 46.06 or 46.14.
         SECTION 3.  Article 59.01(2), Code of Criminal Procedure, as
  amended by Chapters 127 (S.B. 1694), 822 (H.B. 73), and 885 (H.B.
  2278), Acts of the 80th Legislature, Regular Session, 2007, is
  reenacted and amended to read as follows:
               (2)  "Contraband" means property of any nature,
  including real, personal, tangible, or intangible, that is:
                     (A)  used in the commission of:
                           (i)  any first or second degree felony under
  the Penal Code;
                           (ii)  any felony under Section 15.031(b),
  20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
  31, 32, 33, 33A, [or] 35, or 46, Penal Code;
                           (iii)  any felony under The Securities Act
  (Article 581-1 et seq., Vernon's Texas Civil Statutes); or
                           (iv)  any offense under Chapter 49, Penal
  Code, that is punishable as a felony of the third degree or state
  jail felony, if the defendant has been previously convicted three
  times of an offense under that chapter;
                     (B)  used or intended to be used in the commission
  of:
                           (i)  any felony under Chapter 481, Health
  and Safety Code (Texas Controlled Substances Act);
                           (ii)  any felony under Chapter 483, Health
  and Safety Code;
                           (iii)  a felony under Chapter 153, Finance
  Code;
                           (iv)  any felony under Chapter 34 or 46,
  Penal Code;
                           (v)  a Class A misdemeanor under Subchapter
  B, Chapter 365, Health and Safety Code, if the defendant has been
  previously convicted twice of an offense under that subchapter;
                           (vi)  any felony under Chapter 152, Finance
  Code;
                           (vii)  any felony under Chapter 32, Human
  Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
  involves the state Medicaid program;
                           (viii)  a Class B misdemeanor under Section
  35.60, Business & Commerce Code; or
                           (ix)  a Class A misdemeanor under Section
  35.153, Business & Commerce Code;
                     (C)  the proceeds gained from the commission of a
  felony listed in Paragraph (A) or (B) of this subdivision, a
  misdemeanor listed in Paragraph (B)(viii) of this subdivision, or a
  crime of violence;
                     (D)  acquired with proceeds gained from the
  commission of a felony listed in Paragraph (A) or (B) of this
  subdivision, a misdemeanor listed in Paragraph (B)(viii) of this
  subdivision, or a crime of violence; or
                     (E)  used to facilitate or intended to be used to
  facilitate the commission of a felony under Section 15.031 or
  43.25, Penal Code.
         SECTION 4.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.  
  An offense committed before the effective date of this Act is
  governed by the law in effect when the offense was committed, and
  the former law is continued in effect for that purpose.  For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 5.  The change in law made by this Act in amending
  Article 59.01(2), Code of Criminal Procedure, applies only to the
  forfeiture of property in relation to an offense committed on or
  after the effective date of this Act.  Forfeiture of property in
  relation to an offense committed before the effective date of this
  Act is governed by the law in effect when the offense was committed,
  and the former law is continued in effect for that purpose.  For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 6.  This Act takes effect September 1, 2009.