By: Seliger S.B. No. 1424
(In the Senate - Filed March 6, 2009; March 17, 2009, read
first time and referred to Committee on Criminal Justice;
April 14, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 14, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1424 By: Seliger
A BILL TO BE ENTITLED
AN ACT
relating to a person's eligibility to possess or carry a concealed
handgun or other firearm.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (4), Section 411.171, Government
Code, is amended to read as follows:
(4) "Convicted" means an adjudication of guilt or,
except as provided in Section 411.1711, an order of deferred
adjudication entered against a person by a court of competent
jurisdiction whether or not the imposition of the sentence is
subsequently probated and the person is discharged from community
supervision. The term does not include an adjudication of guilt or
an order of deferred adjudication that has been subsequently:
(A) expunged; [or]
(B) pardoned under the authority of a state or
federal official; or
(C) otherwise vacated, set aside, annulled,
invalidated, voided, or sealed under any state or federal law.
SECTION 2. Section 411.172, Government Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) For the purposes of this section, an offense under the
laws of this state, another state, or the United States is:
(1) except as provided by Subsection (b-1), a felony
if [the offense], at the time it is committed, the offense [of a
person's application for a license to carry a concealed handgun]:
(A) is designated by a law of this state as a
felony;
(B) contains all the elements of an offense
designated by a law of this state as a felony; or
(C) is punishable by confinement for one year or
more in a penitentiary; and
(2) a Class A misdemeanor if the offense is not a
felony and confinement in a jail other than a state jail felony
facility is affixed as a possible punishment.
(b-1) An offense is not considered a felony for purposes of
Subsection (b)(1) if, at the time of a person's application for a
license to carry a concealed handgun, the offense:
(1) is designated by a law of this state as a
misdemeanor; or
(2) does not contain all the elements of any offense
designated by a law of this state as a felony.
SECTION 3. Section 46.04, Penal Code, is amended by adding
Subsections (f) and (g) to read as follows:
(f) For the purposes of this section, an offense under the
laws of this state, another state, or the United States is, except
as provided by Subsection (g), a felony if, at the time it is
committed, the offense:
(1) is designated by a law of this state as a felony;
(2) contains all the elements of an offense designated
by a law of this state as a felony; or
(3) is punishable by confinement for one year or more
in a penitentiary.
(g) An offense is not considered a felony for purposes of
Subsection (f) if, at the time the person possesses a firearm, the
offense:
(1) is designated by a law of this state as a
misdemeanor; or
(2) does not contain all the elements of any offense
designated by a law of this state as a felony.
SECTION 4. The changes in law made by this Act in amending
Sections 411.171 and 411.172, Government Code, apply only to the
eligibility of a person for the issuance, modification, or renewal
of a license, the application for which is made on or after the
effective date of this Act. A holder of a license that was issued,
modified, or renewed before the effective date of this Act is not
disqualified from holding that license solely by reason of this
Act.
SECTION 5. The change in law made by this Act in amending
Section 46.04, Penal Code, 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 covered 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.
* * * * *