| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain criminal offenses concerning the unlawful |
|
|
transfer or purchase of certain weapons; increasing a criminal |
|
|
penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 46.06, Penal Code, is |
|
|
amended to read as follows: |
|
|
Sec. 46.06. UNLAWFUL TRANSFER OR PURCHASE OF CERTAIN |
|
|
WEAPONS. |
|
|
SECTION 2. Section 46.06, Penal Code, is amended by |
|
|
amending Subsections (a), (c), and (d) and adding Subsections |
|
|
(a-1), (c-1), (e), and (f) to read as follows: |
|
|
(a) A person commits an offense if the person: |
|
|
(1) sells, rents, leases, loans, or gives a firearm |
|
|
[handgun] to any person knowing that the person to whom the firearm |
|
|
[handgun] is to be delivered intends to use the firearm [it] |
|
|
unlawfully or in the commission of an unlawful act; |
|
|
(2) purchases or attempts to purchase a firearm with |
|
|
intent to deliver the firearm to a person knowing that the person to |
|
|
whom the firearm is to be delivered intends to possess the firearm |
|
|
unlawfully or to use the firearm unlawfully or in the commission of |
|
|
an unlawful act; or |
|
|
(3) knowingly makes a materially false or misleading |
|
|
statement in providing information to a person for purposes of |
|
|
complying with the national instant criminal background check |
|
|
system in the manner required by 18 U.S.C. Section 922. |
|
|
(a-1) A person commits an offense if the person: |
|
|
(1) [(2)] intentionally or knowingly sells, rents, |
|
|
leases, or gives or offers to sell, rent, lease, or give to any |
|
|
child younger than 18 years of age any firearm, club, or |
|
|
location-restricted knife; |
|
|
(2) [(3)] intentionally, knowingly, or recklessly |
|
|
sells a firearm or ammunition for a firearm to any person who is |
|
|
intoxicated; |
|
|
(3) [(4)] knowingly sells a firearm or ammunition for |
|
|
a firearm to any person who has been convicted of a felony before |
|
|
the fifth anniversary of the later of the following dates: |
|
|
(A) the person's release from confinement |
|
|
following conviction of the felony; or |
|
|
(B) the person's release from supervision under |
|
|
community supervision, parole, or mandatory supervision following |
|
|
conviction of the felony; |
|
|
(4) [(5)] sells, rents, leases, loans, or gives a |
|
|
handgun to any person knowing that an active protective order is |
|
|
directed to the person to whom the handgun is to be delivered; or |
|
|
(5) [(6)] knowingly purchases, rents, leases, or |
|
|
receives as a loan or gift from another a handgun while an active |
|
|
protective order is directed to the actor. |
|
|
(c) It is an affirmative defense to prosecution under |
|
|
Subsection (a-1)(1) [(a)(2)] that the transfer was to a minor whose |
|
|
parent or the person having legal custody of the minor had given |
|
|
written permission for the sale or, if the transfer was other than a |
|
|
sale, the parent or person having legal custody had given effective |
|
|
consent. |
|
|
(c-1) The renunciation defense described by Section |
|
|
15.04(a) is available as an affirmative defense to prosecution of |
|
|
an attempted purchase under Subsection (a)(2). |
|
|
(d) An offense under Subsection (a) is a felony of the third |
|
|
degree. |
|
|
(e) An offense under Subsection (a-1) [this section] is a |
|
|
Class A misdemeanor, except that an offense under Subsection |
|
|
(a-1)(1) [(a)(2)] is a state jail felony if the weapon that is the |
|
|
subject of the offense is a handgun. |
|
|
(f) To the extent of any conflict between this section and a |
|
|
federal law related to the unlawful transfer or purchase of |
|
|
weapons, the federal law prevails. |
|
|
SECTION 3. Article 59.01(2), Code of Criminal Procedure, is |
|
|
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, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33, |
|
|
33A, or 35, 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 151, Finance |
|
|
Code; |
|
|
(iv) any felony under Chapter 34, 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 32, Human |
|
|
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
|
|
involves the state Medicaid program; |
|
|
(vii) a Class B misdemeanor under Chapter |
|
|
522, Business & Commerce Code; |
|
|
(viii) a Class A misdemeanor under Section |
|
|
306.051, Business & Commerce Code; |
|
|
(ix) any offense under Section 42.10, Penal |
|
|
Code; |
|
|
(x) any offense under Section 46.06(a) |
|
|
[46.06(a)(1)] or 46.14, Penal Code; |
|
|
(xi) any offense under Chapter 71, Penal |
|
|
Code; |
|
|
(xii) any offense under Section 20.05 or |
|
|
20.06, Penal Code; or |
|
|
(xiii) an offense under Section 326.002, |
|
|
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)(vii), (ix), (x), or (xi) 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)(vii), (ix), (x), |
|
|
or (xi) of this subdivision, or a crime of violence; |
|
|
(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; or |
|
|
(F) used to facilitate or intended to be used to |
|
|
facilitate the commission of a felony under Section 20A.02 or |
|
|
Chapter 43, Penal Code. |
|
|
SECTION 4. 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 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, continuous sexual abuse of young child or children, |
|
|
solicitation of a minor, 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; |
|
|
(5-a) causing the unlawful delivery, dispensation, or |
|
|
distribution of a controlled substance or dangerous drug in |
|
|
violation of Subtitle B, Title 3, Occupations Code; |
|
|
(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, 35, or 35A; |
|
|
(11) any offense under Section 37.11(a); |
|
|
(12) any offense under Chapter 20A; |
|
|
(13) any offense under Section 37.10; |
|
|
(14) any offense under Section 38.06, 38.07, 38.09, or |
|
|
38.11; |
|
|
(15) any offense under Section 42.10; |
|
|
(16) any offense under Section 46.06(a) [46.06(a)(1)] |
|
|
or 46.14; |
|
|
(17) any offense under Section 20.05 or 20.06; or |
|
|
(18) any offense classified as a felony under the Tax |
|
|
Code. |
|
|
SECTION 5. 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 on the date 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, 2019. |