|
|
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. |