83R1866 PEP-D
By: Dukes H.B. No. 452
A BILL TO BE ENTITLED
AN ACT
relating to the punishment prescribed for engaging in certain acts
of deadly conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.05, Penal Code, is amended by adding
Subsection (a-1) and amending Subsections (b) and (e) to read as
follows:
(a-1) A person commits an offense if the person knowingly
discharges a firearm at or in the direction of a habitation,
building, or vehicle and is reckless as to whether the habitation,
building, or vehicle is occupied.
(b) A person commits an offense if the person [he] knowingly
discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle with knowledge
that [and is reckless as to whether] the habitation, building, or
vehicle is occupied.
(e) An offense under Subsection (a) is a Class A
misdemeanor. An offense under Subsection (a-1) is a felony of the
third degree. An offense under Subsection (b) is a felony of the
second [third] degree.
SECTION 2. Section 53.045(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (e), the prosecuting
attorney may refer the petition to the grand jury of the county in
which the court in which the petition is filed presides if the
petition alleges that the child engaged in delinquent conduct that
constitutes habitual felony conduct as described by Section 51.031
or that included the violation of any of the following provisions:
(1) Section 19.02, Penal Code (murder);
(2) Section 19.03, Penal Code (capital murder);
(3) Section 19.04, Penal Code (manslaughter);
(4) Section 20.04, Penal Code (aggravated
kidnapping);
(5) Section 22.011, Penal Code (sexual assault) or
Section 22.021, Penal Code (aggravated sexual assault);
(6) Section 22.02, Penal Code (aggravated assault);
(7) Section 29.03, Penal Code (aggravated robbery);
(8) Section 22.04, Penal Code (injury to a child,
elderly individual, or disabled individual), if the offense is
punishable as a felony, other than a state jail felony;
(9) Section 22.05(a-1) or (b) [22.05(b)], Penal Code
(felony deadly conduct involving discharging a firearm);
(10) Subchapter D, Chapter 481, Health and Safety
Code, if the conduct constitutes a felony of the first degree or an
aggravated controlled substance felony (certain offenses involving
controlled substances);
(11) Section 15.03, Penal Code (criminal
solicitation);
(12) Section 21.11(a)(1), Penal Code (indecency with a
child);
(13) Section 15.031, Penal Code (criminal
solicitation of a minor);
(14) Section 15.01, Penal Code (criminal attempt), if
the offense attempted was an offense under Section 19.02, Penal
Code (murder), or Section 19.03, Penal Code (capital murder), or an
offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal
Procedure;
(15) Section 28.02, Penal Code (arson), if bodily
injury or death is suffered by any person by reason of the
commission of the conduct;
(16) Section 49.08, Penal Code (intoxication
manslaughter); or
(17) Section 15.02, Penal Code (criminal conspiracy),
if the offense made the subject of the criminal conspiracy includes
a violation of any of the provisions referenced in Subdivisions (1)
through (16).
SECTION 3. 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 4. This Act takes effect September 1, 2013.