Texas 2013 - 83rd Regular

Texas Senate Bill SB892 Compare Versions

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1	1	By: Carona S.B. No. 892
2	2	(Carter, Keffer)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the application of certain concealed handgun license
8	8	laws to the attorney general and to assistant attorneys general,
9	9	United States attorneys, assistant United States attorneys, and
10	10	special assistant United States attorneys, and to the authority of
11	11	those attorneys to carry certain weapons.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subsection (a), Section 411.1882, Government
14	14	Code, is amended to read as follows:
15	15	(a) A person who is serving in this state as a judge or
16	16	justice of a federal court, as an active judicial officer, as
17	17	defined by Section 411.201, or as the attorney general or an
18	18	assistant attorney general, United States attorney, assistant
19	19	United States attorney, special assistant United States attorney,
20	20	[a] district attorney, assistant district attorney, criminal
21	21	district attorney, assistant criminal district attorney, county
22	22	attorney, or assistant county attorney may establish handgun
23	23	proficiency for the purposes of this subchapter by obtaining from a
24	24	handgun proficiency instructor approved by the Commission on Law
25	25	Enforcement Officer Standards and Education for purposes of Section
26	26	1702.1675, Occupations Code, a sworn statement that:
27	27	(1) indicates that the person, during the 12-month
28	28	period preceding the date of the person's application to the
29	29	department, demonstrated to the instructor proficiency in the use
30	30	of handguns; and
31	31	(2) designates the categories of handguns with respect
32	32	to which the person demonstrated proficiency.
33	33	SECTION 2. Subsection (h-1), Section 46.035, Penal Code, as
34	34	added by Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the
35	35	80th Legislature, Regular Session, 2007, is reenacted and amended
36	36	to read as follows:
37	37	(h-1) It is a defense to prosecution under Subsections (b)
38	38	and (c) that the actor, at the time of the commission of the
39	39	offense, was:
40	40	(1) a judge or justice of a federal court;
41	41	(2) an active judicial officer, as defined by Section
42	42	411.201, Government Code; [or]
43	43	(3) [(2)] a bailiff designated by the active judicial
44	44	officer and engaged in escorting the officer; or
45	45	(4) the attorney general or an assistant attorney
46	46	general, United States attorney, assistant United States attorney,
47	47	special assistant United States attorney, [(3) a] district
48	48	attorney, assistant district attorney, criminal district attorney,
49	49	assistant criminal district attorney, county attorney, or
50	50	assistant county attorney.
51	51	SECTION 3. Subsection (a), Section 46.15, Penal Code, is
52	52	amended to read as follows:
53	53	(a) Sections 46.02 and 46.03 do not apply to:
54	54	(1) peace officers or special investigators under
55	55	Article 2.122, Code of Criminal Procedure, and neither section
56	56	prohibits a peace officer or special investigator from carrying a
57	57	weapon in this state, including in an establishment in this state
58	58	serving the public, regardless of whether the peace officer or
59	59	special investigator is engaged in the actual discharge of the
60	60	officer's or investigator's duties while carrying the weapon;
61	61	(2) parole officers and neither section prohibits an
62	62	officer from carrying a weapon in this state if the officer is:
63	63	(A) engaged in the actual discharge of the
64	64	officer's duties while carrying the weapon; and
65	65	(B) in compliance with policies and procedures
66	66	adopted by the Texas Department of Criminal Justice regarding the
67	67	possession of a weapon by an officer while on duty;
68	68	(3) community supervision and corrections department
69	69	officers appointed or employed under Section 76.004, Government
70	70	Code, and neither section prohibits an officer from carrying a
71	71	weapon in this state if the officer is:
72	72	(A) engaged in the actual discharge of the
73	73	officer's duties while carrying the weapon; and
74	74	(B) authorized to carry a weapon under Section
75	75	76.0051, Government Code;
76	76	(4) a judge or justice of a federal court or an active
77	77	judicial officer as defined by Section 411.201, Government Code,
78	78	who is licensed to carry a concealed handgun under Subchapter H,
79	79	Chapter 411, Government Code;
80	80	(5) an honorably retired peace officer or federal
81	81	criminal investigator who holds a certificate of proficiency issued
82	82	under Section 1701.357, Occupations Code, and is carrying a photo
83	83	identification that:
84	84	(A) verifies that the officer honorably retired
85	85	after not less than 15 years of service as a commissioned officer;
86	86	and
87	87	(B) is issued by a state or local law enforcement
88	88	agency;
89	89	(6) the attorney general or a United States attorney,
90	90	district attorney, criminal district attorney, county attorney, or
91	91	municipal attorney who is licensed to carry a concealed handgun
92	92	under Subchapter H, Chapter 411, Government Code;
93	93	(7) an assistant attorney general, assistant United
94	94	States attorney, special assistant United States attorney,
95	95	assistant district attorney, assistant criminal district attorney,
96	96	or assistant county attorney who is licensed to carry a concealed
97	97	handgun under Subchapter H, Chapter 411, Government Code;
98	98	(8) a bailiff designated by an active judicial officer
99	99	as defined by Section 411.201, Government Code, who is:
100	100	(A) licensed to carry a concealed handgun under
101	101	Chapter 411, Government Code; and
102	102	(B) engaged in escorting the judicial officer; or
103	103	(9) a juvenile probation officer who is authorized to
104	104	carry a firearm under Section 142.006, Human Resources Code.
105	105	SECTION 4. The changes in law made by this Act to Subsection
106	106	(h-1), Section 46.035, and Subsection (a), Section 46.15, Penal
107	107	Code, apply only to an offense committed on or after the effective
108	108	date of this Act. An offense committed before the effective date of
109	109	this Act is covered by the law in effect on the date the offense was
110	110	committed, and the former law is continued in effect for that
111	111	purpose. For purposes of this section, an offense was committed
112	112	before the effective date of this Act if any element of the offense
113	113	occurred before that date.
114	114	SECTION 5. This Act takes effect September 1, 2013.