| 1 | 1 | | 84R652 MAW-D |
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| 2 | 2 | | By: Ellis S.B. No. 257 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the reporting of a lost or stolen firearm; providing |
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| 8 | 8 | | criminal penalties. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 411, Government Code, is |
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| 11 | 11 | | amended by adding Section 411.0511 to read as follows: |
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| 12 | 12 | | Sec. 411.0511. REPORT TO DEPARTMENT REGARDING LOST OR |
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| 13 | 13 | | STOLEN FIREARM. (a) A law enforcement agency that receives a |
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| 14 | 14 | | report of a lost or stolen firearm shall provide a copy of the |
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| 15 | 15 | | report to the department in the form and manner and at regular |
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| 16 | 16 | | intervals as prescribed by rules adopted by the department. The |
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| 17 | 17 | | rules must require submission of any original or supplemental |
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| 18 | 18 | | investigative report related to the firearm and must require the |
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| 19 | 19 | | law enforcement agency to submit for each firearm reported lost or |
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| 20 | 20 | | stolen: |
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| 21 | 21 | | (1) the county and, if applicable, municipality in |
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| 22 | 22 | | which the firearm was lost or stolen; and |
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| 23 | 23 | | (2) a description of the firearm, including the serial |
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| 24 | 24 | | number of the firearm if known. |
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| 25 | 25 | | (b) The department shall analyze information received under |
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| 26 | 26 | | this section and shall make the analysis available to any local law |
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| 27 | 27 | | enforcement agency, political subdivision, or state agency to the |
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| 28 | 28 | | extent the analysis is reasonably necessary or useful to the agency |
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| 29 | 29 | | or subdivision in carrying out duties imposed by law on the agency |
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| 30 | 30 | | or subdivision. Dissemination of the analysis required by this |
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| 31 | 31 | | subsection is subject to all confidentiality requirements imposed |
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| 32 | 32 | | by other law. This subsection may not be construed to enable direct |
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| 33 | 33 | | access by a person to information analyzed by the department under |
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| 34 | 34 | | this section if the person does not otherwise have direct access to |
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| 35 | 35 | | that information. |
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| 36 | 36 | | SECTION 2. Chapter 46, Penal Code, is amended by adding |
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| 37 | 37 | | Section 46.16 to read as follows: |
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| 38 | 38 | | Sec. 46.16. FAILURE TO REPORT LOST OR STOLEN FIREARM. (a) |
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| 39 | 39 | | A person commits an offense if the person: |
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| 40 | 40 | | (1) owns a firearm that is subsequently lost by or |
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| 41 | 41 | | stolen from the person; and |
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| 42 | 42 | | (2) fails to report the loss or theft to a peace |
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| 43 | 43 | | officer or law enforcement agency on or before the 48th hour after |
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| 44 | 44 | | the time the person knew or reasonably should have known the firearm |
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| 45 | 45 | | was lost or stolen. |
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| 46 | 46 | | (b) A person commits an offense if the person knowingly |
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| 47 | 47 | | makes a false report of a lost or stolen firearm to a peace officer |
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| 48 | 48 | | or law enforcement agency. |
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| 49 | 49 | | (c) A person commits an offense if the person: |
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| 50 | 50 | | (1) reports the loss or theft of a firearm to a peace |
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| 51 | 51 | | officer or law enforcement agency; |
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| 52 | 52 | | (2) subsequently recovers the firearm; and |
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| 53 | 53 | | (3) fails to report the recovery to the officer or |
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| 54 | 54 | | agency before the 31st day after the date the person recovers the |
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| 55 | 55 | | firearm. |
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| 56 | 56 | | (d) An offense under Subsection (a) is a Class C |
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| 57 | 57 | | misdemeanor, except that the offense is a Class B misdemeanor if it |
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| 58 | 58 | | is shown on the trial of the offense that the person has been |
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| 59 | 59 | | previously convicted of an offense under that subsection. |
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| 60 | 60 | | (e) An offense under Subsection (b) or (c) is a Class C |
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| 61 | 61 | | misdemeanor with a maximum fine of $250. |
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| 62 | 62 | | (f) If conduct constituting an offense under this section |
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| 63 | 63 | | also constitutes an offense under another section of this code, the |
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| 64 | 64 | | actor may be prosecuted under either section or under both |
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| 65 | 65 | | sections. |
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| 66 | 66 | | SECTION 3. Section 46.16(a), Penal Code, as added by this |
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| 67 | 67 | | Act, applies only to a firearm that is lost or stolen on or after the |
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| 68 | 68 | | effective date of this Act. A firearm that was lost or stolen |
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| 69 | 69 | | before the effective date of this Act is governed by the law in |
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| 70 | 70 | | effect on the date the firearm was lost or stolen, and the former |
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| 71 | 71 | | law is continued in effect for that purpose. |
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| 72 | 72 | | SECTION 4. This Act takes effect September 1, 2015. |
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