| 1 | 1 | | 85R2947 JSC-D |
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| 2 | 2 | | By: Nevárez H.B. No. 2543 |
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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 unlawful possession of a firearm by persons who are |
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| 8 | 8 | | subject to certain judicial determinations; creating a criminal |
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| 9 | 9 | | offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 46.04, Penal Code, is amended by adding |
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| 12 | 12 | | Subsections (b-1) and (h) and amending Subsection (e) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (b-1) A person commits an offense if the person possesses a |
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| 15 | 15 | | firearm and at the time of the offense the person: |
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| 16 | 16 | | (1) has been ordered by a court to receive inpatient |
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| 17 | 17 | | mental health services under Chapter 574, Health and Safety Code; |
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| 18 | 18 | | (2) has been acquitted in a criminal case by reason of |
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| 19 | 19 | | insanity or lack of mental responsibility, regardless of whether |
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| 20 | 20 | | the person was ordered by a court to receive inpatient treatment or |
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| 21 | 21 | | residential care under Chapter 46C, Code of Criminal Procedure; |
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| 22 | 22 | | (3) has been determined to be a person with an |
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| 23 | 23 | | intellectual disability and has been committed by a court for |
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| 24 | 24 | | long-term placement in a residential care facility under Chapter |
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| 25 | 25 | | 593, Health and Safety Code; |
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| 26 | 26 | | (4) is an incapacitated adult for whom a court has |
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| 27 | 27 | | appointed a guardian of the person under Title 3, Estates Code, |
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| 28 | 28 | | based on a determination that the person lacks the mental capacity |
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| 29 | 29 | | to manage the person's affairs; or |
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| 30 | 30 | | (5) has been determined to be incompetent to stand |
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| 31 | 31 | | trial under Chapter 46B, Code of Criminal Procedure. |
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| 32 | 32 | | (e) An offense under this section is a Class A misdemeanor, |
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| 33 | 33 | | except that an offense under Subsection (a) is a felony of the third |
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| 34 | 34 | | degree. [An offense under Subsection (b) or (c) is a Class A |
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| 35 | 35 | | misdemeanor.] |
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| 36 | 36 | | (h) It is a defense to prosecution under Subsection (b-1) |
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| 37 | 37 | | that at the time of the offense: |
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| 38 | 38 | | (1) the person is the subject of a judicial order or |
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| 39 | 39 | | finding that the person is no longer an incapacitated adult or is |
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| 40 | 40 | | entitled to relief from disabilities under Section 574.088, Health |
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| 41 | 41 | | and Safety Code; or |
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| 42 | 42 | | (2) the person has obtained notice of relief from |
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| 43 | 43 | | disabilities under 18 U.S.C. Section 925. |
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| 44 | 44 | | SECTION 2. The change in law made by this Act applies only |
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| 45 | 45 | | to an offense committed on or after the effective date of this Act. |
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| 46 | 46 | | An offense committed before the effective date of this Act is |
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| 47 | 47 | | governed by the law in effect on the date the offense was committed, |
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| 48 | 48 | | and the former law is continued in effect for that purpose. For |
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| 49 | 49 | | purposes of this section, an offense was committed before the |
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| 50 | 50 | | effective date of this Act if any element of the offense occurred |
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| 51 | 51 | | before that date. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2017. |
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