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A BILL TO BE ENTITLED
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AN ACT
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relating to certain criminal offenses concerning the unlawful |
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transfer or purchase of certain weapons; increasing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 46.06, Penal Code, is |
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amended to read as follows: |
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Sec. 46.06. UNLAWFUL TRANSFER OR PURCHASE OF CERTAIN |
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WEAPONS. |
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SECTION 2. Section 46.06, Penal Code, is amended by |
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amending Subsections (a), (c), and (d) and adding Subsections |
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(a-1), (c-1), (e), and (f) to read as follows: |
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(a) A person commits an offense if the person: |
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(1) sells, rents, leases, loans, or gives a firearm |
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[handgun] to any person knowing that the person to whom the firearm |
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[handgun] is to be delivered intends to use the firearm [it] |
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unlawfully or in the commission of an unlawful act; |
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(2) purchases or attempts to purchase a firearm with |
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intent to deliver the firearm to a person knowing that the person to |
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whom the firearm is to be delivered intends to possess the firearm |
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unlawfully or to use the firearm unlawfully or in the commission of |
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an unlawful act; or |
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(3) knowingly makes a materially false or misleading |
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statement in providing information to a person for purposes of |
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complying with the national instant criminal background check |
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system in the manner required by 18 U.S.C. Section 922. |
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(a-1) A person commits an offense if the person: |
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(1) [(2)] intentionally or knowingly sells, rents, |
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leases, or gives or offers to sell, rent, lease, or give to any |
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child younger than 18 years of age any firearm, club, or |
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location-restricted knife; |
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(2) [(3)] intentionally, knowingly, or recklessly |
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sells a firearm or ammunition for a firearm to any person who is |
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intoxicated; |
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(3) [(4)] knowingly sells a firearm or ammunition for |
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a firearm to any person who has been convicted of a felony before |
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the fifth anniversary of the later of the following dates: |
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(A) the person's release from confinement |
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following conviction of the felony; or |
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(B) the person's release from supervision under |
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community supervision, parole, or mandatory supervision following |
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conviction of the felony; |
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(4) [(5)] sells, rents, leases, loans, or gives a |
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handgun to any person knowing that an active protective order is |
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directed to the person to whom the handgun is to be delivered; or |
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(5) [(6)] knowingly purchases, rents, leases, or |
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receives as a loan or gift from another a handgun while an active |
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protective order is directed to the actor. |
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(c) It is an affirmative defense to prosecution under |
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Subsection (a-1)(1) [(a)(2)] that the transfer was to a minor whose |
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parent or the person having legal custody of the minor had given |
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written permission for the sale or, if the transfer was other than a |
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sale, the parent or person having legal custody had given effective |
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consent. |
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(c-1) The renunciation defense described by Section |
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15.04(a) is available as an affirmative defense to prosecution of |
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an attempted purchase under Subsection (a)(2). |
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(d) An offense under Subsection (a) is a felony of the third |
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degree. |
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(e) An offense under Subsection (a-1) [this section] is a |
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Class A misdemeanor, except that an offense under Subsection |
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(a-1)(1) [(a)(2)] is a state jail felony if the weapon that is the |
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subject of the offense is a handgun. |
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(f) To the extent of any conflict between this section and a |
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federal law related to the unlawful transfer or purchase of |
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weapons, the federal law prevails. |
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SECTION 3. (a) Article 59.01(2), Code of Criminal |
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Procedure, as effective until January 1, 2022, is amended to read as |
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follows: |
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(2) "Contraband" means property of any nature, |
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including real, personal, tangible, or intangible, that is: |
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(A) used in the commission of: |
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(i) any first or second degree felony under |
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the Penal Code; |
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(ii) any felony under Section 15.031(b), |
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21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal |
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Code; |
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(iii) any felony under Chapter 43, Penal |
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Code, except as provided by Paragraph (B); |
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(iv) any felony under The Securities Act |
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(Article 581-1 et seq., Vernon's Texas Civil Statutes); or |
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(v) any offense under Chapter 49, Penal |
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Code, that is punishable as a felony of the third degree or state |
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jail felony, if the defendant has been previously convicted three |
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times of an offense under that chapter; |
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(B) used or intended to be used in the commission |
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of: |
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(i) any felony under Chapter 481, Health |
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and Safety Code (Texas Controlled Substances Act); |
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(ii) any felony under Chapter 483, Health |
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and Safety Code; |
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(iii) a felony under Chapter 151, Finance |
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Code; |
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(iv) any felony under Chapter 20A or 34, |
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Penal Code; |
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(v) a Class A misdemeanor under Subchapter |
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B, Chapter 365, Health and Safety Code, if the defendant has been |
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previously convicted twice of an offense under that subchapter; |
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(vi) any felony under Chapter 32, Human |
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Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
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involves a health care program, as defined by Section 35A.01, Penal |
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Code; |
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(vii) a Class B misdemeanor under Chapter |
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522, Business & Commerce Code; |
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(viii) a Class A misdemeanor under Section |
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306.051, Business & Commerce Code; |
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(ix) any offense under Section 42.10, Penal |
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Code; |
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(x) any offense under Section 46.06(a) |
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[46.06(a)(1)] or 46.14, Penal Code; |
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(xi) any offense under Chapter 71, Penal |
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Code; |
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(xii) any offense under Section 20.05, |
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20.06, 20.07, 43.04, or 43.05, Penal Code; or |
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(xiii) an offense under Section 326.002, |
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Business & Commerce Code; |
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(C) the proceeds gained from the commission of a |
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felony listed in Paragraph (A) or (B) of this subdivision, a |
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misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii) |
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of this subdivision, or a crime of violence; |
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(D) acquired with proceeds gained from the |
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commission of a felony listed in Paragraph (A) or (B) of this |
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subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), |
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(xi), or (xii) of this subdivision, or a crime of violence; |
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(E) used to facilitate or intended to be used to |
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facilitate the commission of a felony under Section 15.031 or |
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Chapter 43, Penal Code; or |
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(F) used to facilitate or intended to be used to |
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facilitate the commission of an offense under Section 20.05, 20.06, |
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or 20.07 or Chapter 20A, Penal Code. |
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(b) Article 59.01(2), Code of Criminal Procedure, as |
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effective on January 1, 2022, is amended to read as follows: |
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(2) "Contraband" means property of any nature, |
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including real, personal, tangible, or intangible, that is: |
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(A) used in the commission of: |
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(i) any first or second degree felony under |
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the Penal Code; |
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(ii) any felony under Section 15.031(b), |
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21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal |
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Code; |
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(iii) any felony under Chapter 43, Penal |
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Code, except as provided by Paragraph (B); |
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(iv) any felony under The Securities Act |
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(Title 12, Government Code); or |
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(v) any offense under Chapter 49, Penal |
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Code, that is punishable as a felony of the third degree or state |
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jail felony, if the defendant has been previously convicted three |
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times of an offense under that chapter; |
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(B) used or intended to be used in the commission |
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of: |
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(i) any felony under Chapter 481, Health |
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and Safety Code (Texas Controlled Substances Act); |
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(ii) any felony under Chapter 483, Health |
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and Safety Code; |
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(iii) a felony under Chapter 151, Finance |
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Code; |
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(iv) any felony under Chapter 20A or 34, |
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Penal Code; |
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(v) a Class A misdemeanor under Subchapter |
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B, Chapter 365, Health and Safety Code, if the defendant has been |
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previously convicted twice of an offense under that subchapter; |
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(vi) any felony under Chapter 32, Human |
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Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
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involves a health care program, as defined by Section 35A.01, Penal |
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Code; |
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(vii) a Class B misdemeanor under Chapter |
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522, Business & Commerce Code; |
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(viii) a Class A misdemeanor under Section |
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306.051, Business & Commerce Code; |
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(ix) any offense under Section 42.10, Penal |
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Code; |
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(x) any offense under Section 46.06(a) |
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[46.06(a)(1)] or 46.14, Penal Code; |
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(xi) any offense under Chapter 71, Penal |
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Code; |
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(xii) any offense under Section 20.05, |
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20.06, 20.07, 43.04, or 43.05, Penal Code; or |
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(xiii) an offense under Section 326.002, |
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Business & Commerce Code; |
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(C) the proceeds gained from the commission of a |
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felony listed in Paragraph (A) or (B) of this subdivision, a |
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misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii) |
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of this subdivision, or a crime of violence; |
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(D) acquired with proceeds gained from the |
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commission of a felony listed in Paragraph (A) or (B) of this |
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subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), |
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(xi), or (xii) of this subdivision, or a crime of violence; |
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(E) used to facilitate or intended to be used to |
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facilitate the commission of a felony under Section 15.031 or |
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Chapter 43, Penal Code; or |
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(F) used to facilitate or intended to be used to |
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facilitate the commission of an offense under Section 20.05, 20.06, |
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or 20.07 or Chapter 20A, Penal Code. |
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SECTION 4. Section 71.02(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if, with the intent to |
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establish, maintain, or participate in a combination or in the |
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profits of a combination or as a member of a criminal street gang, |
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the person commits or conspires to commit one or more of the |
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following: |
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(1) murder, capital murder, arson, aggravated |
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robbery, robbery, burglary, theft, aggravated kidnapping, |
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kidnapping, aggravated assault, aggravated sexual assault, sexual |
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assault, continuous sexual abuse of young child or children, |
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solicitation of a minor, forgery, deadly conduct, assault |
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punishable as a Class A misdemeanor, burglary of a motor vehicle, or |
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unauthorized use of a motor vehicle; |
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(2) any gambling offense punishable as a Class A |
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misdemeanor; |
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(3) promotion of prostitution, aggravated promotion |
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of prostitution, or compelling prostitution; |
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(4) unlawful manufacture, transportation, repair, or |
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sale of firearms or prohibited weapons; |
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(5) unlawful manufacture, delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug, or |
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unlawful possession of a controlled substance or dangerous drug |
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through forgery, fraud, misrepresentation, or deception; |
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(5-a) causing the unlawful delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug in |
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violation of Subtitle B, Title 3, Occupations Code; |
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(6) any unlawful wholesale promotion or possession of |
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any obscene material or obscene device with the intent to wholesale |
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promote the same; |
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(7) any offense under Subchapter B, Chapter 43, |
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depicting or involving conduct by or directed toward a child |
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younger than 18 years of age; |
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(8) any felony offense under Chapter 32; |
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(9) any offense under Chapter 36; |
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(10) any offense under Chapter 34, 35, or 35A; |
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(11) any offense under Section 37.11(a); |
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(12) any offense under Chapter 20A; |
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(13) any offense under Section 37.10; |
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(14) any offense under Section 38.06, 38.07, 38.09, or |
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38.11; |
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(15) any offense under Section 42.10; |
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(16) any offense under Section 46.06(a) [46.06(a)(1)] |
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or 46.14; |
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(17) any offense under Section 20.05 or 20.06; |
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(18) any offense under Section 16.02; or |
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(19) any offense classified as a felony under the Tax |
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Code. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 6. This Act takes effect September 1, 2021. |