Texas 2009 - 81st Regular

Texas House Bill HB4336 Compare Versions

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Old	New	Differences
1	1	81R21598 PEP-F
2	2	By: Corte, Moody H.B. No. 4336
3	3	Substitute the following for H.B. No. 4336:
4	4	By: Gallego C.S.H.B. No. 4336
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the civil and criminal consequences of engaging in
10	10	certain conduct involving a firearm and to creating the offense of
11	11	firearm smuggling; providing penalties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 46, Penal Code, is amended by adding
14	14	Section 46.14 to read as follows:
15	15	Sec. 46.14. FIREARM SMUGGLING. (a) A person commits an
16	16	offense if the person knowingly engages in the business of
17	17	transporting or transferring a firearm that the person knows was
18	18	acquired in violation of the laws of any state or of the United
19	19	States. For purposes of this subsection, a person is considered to
20	20	engage in the business of transporting or transferring a firearm if
21	21	the person engages in that conduct:
22	22	(1) on more than one occasion; or
23	23	(2) for profit or any other form of remuneration.
24	24	(b) An offense under this section is a felony of the third
25	25	degree, unless it is shown on the trial of the offense that the
26	26	offense was committed with respect to three or more firearms in a
27	27	single criminal episode, in which event the offense is a felony of
28	28	the second degree.
29	29	(c) This section does not apply to a peace officer who is
30	30	engaged in the actual discharge of an official duty.
31	31	(d) If conduct that constitutes an offense under this
32	32	section also constitutes an offense under any other law, the actor
33	33	may be prosecuted under this section, the other law, or both.
34	34	SECTION 2. Section 71.02(a), Penal Code, is amended to read
35	35	as follows:
36	36	(a) A person commits an offense if, with the intent to
37	37	establish, maintain, or participate in a combination or in the
38	38	profits of a combination or as a member of a criminal street gang,
39	39	the person [he] commits or conspires to commit one or more of the
40	40	following:
41	41	(1) murder, capital murder, arson, aggravated
42	42	robbery, robbery, burglary, theft, aggravated kidnapping,
43	43	kidnapping, aggravated assault, aggravated sexual assault, sexual
44	44	assault, forgery, deadly conduct, assault punishable as a Class A
45	45	misdemeanor, burglary of a motor vehicle, or unauthorized use of a
46	46	motor vehicle;
47	47	(2) any gambling offense punishable as a Class A
48	48	misdemeanor;
49	49	(3) promotion of prostitution, aggravated promotion
50	50	of prostitution, or compelling prostitution;
51	51	(4) unlawful manufacture, transportation, repair, or
52	52	sale of firearms or prohibited weapons;
53	53	(5) unlawful manufacture, delivery, dispensation, or
54	54	distribution of a controlled substance or dangerous drug, or
55	55	unlawful possession of a controlled substance or dangerous drug
56	56	through forgery, fraud, misrepresentation, or deception;
57	57	(6) any unlawful wholesale promotion or possession of
58	58	any obscene material or obscene device with the intent to wholesale
59	59	promote the same;
60	60	(7) any offense under Subchapter B, Chapter 43,
61	61	depicting or involving conduct by or directed toward a child
62	62	younger than 18 years of age;
63	63	(8) any felony offense under Chapter 32;
64	64	(9) any offense under Chapter 36;
65	65	(10) any offense under Chapter 34 or 35;
66	66	(11) any offense under Section 37.11(a);
67	67	(12) any offense under Chapter 20A; [or]
68	68	(13) any offense under Section 37.10; or
69	69	(14) any offense under Section 46.06(a)(1) or 46.14.
70	70	SECTION 3. Article 59.01(2), Code of Criminal Procedure, as
71	71	amended by Chapters 127 (S.B. 1694), 822 (H.B. 73), and 885 (H.B.
72	72	2278), Acts of the 80th Legislature, Regular Session, 2007, is
73	73	reenacted and amended to read as follows:
74	74	(2) "Contraband" means property of any nature,
75	75	including real, personal, tangible, or intangible, that is:
76	76	(A) used in the commission of:
77	77	(i) any first or second degree felony under
78	78	the Penal Code;
79	79	(ii) any felony under Section 15.031(b),
80	80	20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
81	81	31, 32, 33, 33A, or 35, Penal Code;
82	82	(iii) any felony under The Securities Act
83	83	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
84	84	(iv) any offense under Chapter 49, Penal
85	85	Code, that is punishable as a felony of the third degree or state
86	86	jail felony, if the defendant has been previously convicted three
87	87	times of an offense under that chapter;
88	88	(B) used or intended to be used in the commission
89	89	of:
90	90	(i) any felony under Chapter 481, Health
91	91	and Safety Code (Texas Controlled Substances Act);
92	92	(ii) any felony under Chapter 483, Health
93	93	and Safety Code;
94	94	(iii) a felony under Chapter 153, Finance
95	95	Code;
96	96	(iv) any felony under Chapter 34, Penal
97	97	Code;
98	98	(v) a Class A misdemeanor under Subchapter
99	99	B, Chapter 365, Health and Safety Code, if the defendant has been
100	100	previously convicted twice of an offense under that subchapter;
101	101	(vi) any felony under Chapter 152, Finance
102	102	Code;
103	103	(vii) any felony under Chapter 32, Human
104	104	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
105	105	involves the state Medicaid program;
106	106	(viii) a Class B misdemeanor under Chapter
107	107	522, Business & Commerce Code; [or]
108	108	(ix) a Class A misdemeanor under Section
109	109	35.153, Business & Commerce Code; or
110	110	(x) any offense under Section 46.06(a)(1)
111	111	or 46.14, Penal Code;
112	112	(C) the proceeds gained from the commission of a
113	113	felony listed in Paragraph (A) or (B) of this subdivision, a
114	114	misdemeanor listed in Paragraph (B)(viii) or (x) of this
115	115	subdivision, or a crime of violence;
116	116	(D) acquired with proceeds gained from the
117	117	commission of a felony listed in Paragraph (A) or (B) of this
118	118	subdivision, a misdemeanor listed in Paragraph (B)(viii) or (x) of
119	119	this subdivision, or a crime of violence; or
120	120	(E) used to facilitate or intended to be used to
121	121	facilitate the commission of a felony under Section 15.031 or
122	122	43.25, Penal Code.
123	123	SECTION 4. The change in law made by this Act applies only
124	124	to an offense committed on or after the effective date of this Act.
125	125	An offense committed before the effective date of this Act is
126	126	governed by the law in effect when the offense was committed, and
127	127	the former law is continued in effect for that purpose. For
128	128	purposes of this section, an offense was committed before the
129	129	effective date of this Act if any element of the offense occurred
130	130	before that date.
131	131	SECTION 5. The change in law made by this Act in amending
132	132	Article 59.01(2), Code of Criminal Procedure, applies only to the
133	133	forfeiture of property in relation to an offense committed on or
134	134	after the effective date of this Act. Forfeiture of property in
135	135	relation to an offense committed before the effective date of this
136	136	Act is governed by the law in effect when the offense was committed,
137	137	and the former law is continued in effect for that purpose. For
138	138	purposes of this section, an offense was committed before the
139	139	effective date of this Act if any element of the offense occurred
140	140	before that date.
141	141	SECTION 6. This Act takes effect September 1, 2009.