Texas 2013 - 83rd Regular

Texas Senate Bill SB1348 Compare Versions

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1	1	By: West, et al. S.B. No. 1348
2	2	(Dutton)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain criminal offenses concerning the unlawful
8	8	transfer or purchase of certain weapons.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 46.06, Penal Code, is
11	11	amended to read as follows:
12	12	Sec. 46.06. UNLAWFUL TRANSFER OR PURCHASE OF CERTAIN
13	13	WEAPONS.
14	14	SECTION 2. Section 46.06, Penal Code, is amended by
15	15	amending Subsections (a), (c), and (d) and adding Subsections
16	16	(a-1), (c-1), (e), and (f) to read as follows:
17	17	(a) A person commits an offense if the person:
18	18	(1) sells, rents, leases, loans, or gives a firearm
19	19	[handgun] to any person knowing that the person to whom the firearm
20	20	[handgun] is to be delivered intends to use the firearm [it]
21	21	unlawfully or in the commission of an unlawful act;
22	22	(2) purchases or attempts to purchase a firearm with
23	23	intent to deliver the firearm to a person knowing that the person to
24	24	whom the firearm is to be delivered intends to possess the firearm
25	25	unlawfully or to use the firearm unlawfully or in the commission of
26	26	an unlawful act; or
27	27	(3) knowingly makes a materially false or misleading
28	28	statement in providing information to a person for purposes of
29	29	complying with the national instant criminal background check
30	30	system in the manner required by 18 U.S.C. Section 922.
31	31	(a-1) A person commits an offense if the person:
32	32	(1) [(2)] intentionally or knowingly sells, rents,
33	33	leases, or gives or offers to sell, rent, lease, or give to any
34	34	child younger than 18 years any firearm, club, or illegal knife;
35	35	(2) [(3)] intentionally, knowingly, or recklessly
36	36	sells a firearm or ammunition for a firearm to any person who is
37	37	intoxicated;
38	38	(3) [(4)] knowingly sells a firearm or ammunition for
39	39	a firearm to any person who has been convicted of a felony before
40	40	the fifth anniversary of the later of the following dates:
41	41	(A) the person's release from confinement
42	42	following conviction of the felony; or
43	43	(B) the person's release from supervision under
44	44	community supervision, parole, or mandatory supervision following
45	45	conviction of the felony;
46	46	(4) [(5)] sells, rents, leases, loans, or gives a
47	47	handgun to any person knowing that an active protective order is
48	48	directed to the person to whom the handgun is to be delivered; or
49	49	(5) [(6)] knowingly purchases, rents, leases, or
50	50	receives as a loan or gift from another a handgun while an active
51	51	protective order is directed to the actor.
52	52	(c) It is an affirmative defense to prosecution under
53	53	Subsection (a-1)(1) [(a)(2)] that the transfer was to a minor whose
54	54	parent or the person having legal custody of the minor had given
55	55	written permission for the sale or, if the transfer was other than a
56	56	sale, the parent or person having legal custody had given effective
57	57	consent.
58	58	(c-1) The renunciation defense described by Section
59	59	15.04(a) is available as an affirmative defense to prosecution
60	60	under Subsection (a)(2).
61	61	(d) An offense under Subsection (a) is a felony of the third
62	62	degree.
63	63	(e) An offense under Subsection (a-1) [this section] is a
64	64	Class A misdemeanor, except that an offense under Subsection
65	65	(a-1)(1) [(a)(2)] is a state jail felony if the weapon that is the
66	66	subject of the offense is a handgun.
67	67	(f) To the extent of any conflict between this section and a
68	68	federal law related to the unlawful transfer or purchase of
69	69	weapons, the federal law prevails.
70	70	SECTION 3. Subsection (a), Section 71.02, Penal Code, as
71	71	amended by Chapters 68 (S.B. 934) and 223 (H.B. 260), Acts of the
72	72	82nd Legislature, Regular Session, 2011, is reenacted and amended
73	73	to read as follows:
74	74	(a) A person commits an offense if, with the intent to
75	75	establish, maintain, or participate in a combination or in the
76	76	profits of a combination or as a member of a criminal street gang,
77	77	the person commits or conspires to commit one or more of the
78	78	following:
79	79	(1) murder, capital murder, arson, aggravated
80	80	robbery, robbery, burglary, theft, aggravated kidnapping,
81	81	kidnapping, aggravated assault, aggravated sexual assault, sexual
82	82	assault, forgery, deadly conduct, assault punishable as a Class A
83	83	misdemeanor, burglary of a motor vehicle, or unauthorized use of a
84	84	motor vehicle;
85	85	(2) any gambling offense punishable as a Class A
86	86	misdemeanor;
87	87	(3) promotion of prostitution, aggravated promotion
88	88	of prostitution, or compelling prostitution;
89	89	(4) unlawful manufacture, transportation, repair, or
90	90	sale of firearms or prohibited weapons;
91	91	(5) unlawful manufacture, delivery, dispensation, or
92	92	distribution of a controlled substance or dangerous drug, or
93	93	unlawful possession of a controlled substance or dangerous drug
94	94	through forgery, fraud, misrepresentation, or deception;
95	95	(5-a) causing the unlawful delivery, dispensation, or
96	96	distribution of a controlled substance or dangerous drug in
97	97	violation of Subtitle B, Title 3, Occupations Code;
98	98	(6) any unlawful wholesale promotion or possession of
99	99	any obscene material or obscene device with the intent to wholesale
100	100	promote the same;
101	101	(7) any offense under Subchapter B, Chapter 43,
102	102	depicting or involving conduct by or directed toward a child
103	103	younger than 18 years of age;
104	104	(8) any felony offense under Chapter 32;
105	105	(9) any offense under Chapter 36;
106	106	(10) any offense under Chapter 34, 35, or 35A;
107	107	(11) any offense under Section 37.11(a);
108	108	(12) any offense under Chapter 20A;
109	109	(13) any offense under Section 37.10;
110	110	(14) any offense under Section 38.06, 38.07, 38.09, or
111	111	38.11;
112	112	(15) any offense under Section 42.10;
113	113	(16) any offense under Section 46.06(a) [46.06(a)(1)]
114	114	or 46.14; [or]
115	115	(17) any offense under Section 20.05; or
116	116	(18) [(17)] any offense classified as a felony under
117	117	the Tax Code.
118	118	SECTION 4. The change in law made by this Act applies only
119	119	to an offense committed on or after the effective date of this Act.
120	120	An offense committed before the effective date of this Act is
121	121	governed by the law in effect on the date the offense was committed,
122	122	and the former law is continued in effect for that purpose. For
123	123	purposes of this section, an offense was committed before the
124	124	effective date of this Act if any element of the offense occurred
125	125	before that date.
126	126	SECTION 5. To the extent of any conflict, this Act prevails
127	127	over another Act of the 83rd Legislature, Regular Session, 2013,
128	128	relating to nonsubstantive additions to and corrections in enacted
129	129	codes.
130	130	SECTION 6. This Act takes effect September 1, 2013.