Texas 2017 - 85th Regular

Texas House Bill HB2655 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R22161 LHC-D
2	2	By: Nevárez H.B. No. 2655
3	3	Substitute the following for H.B. No. 2655:
4	4	By: Nevárez C.S.H.B. No. 2655
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prosecution of the offense of unlawful transfer of a
10	10	firearm.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 46.06, Penal Code, is amended by
13	13	amending Subsection (a) and adding Subsection (e) to read as
14	14	follows:
15	15	(a) A person commits an offense if the person:
16	16	(1) sells, rents, leases, loans, or gives a handgun to
17	17	any person knowing that the person to whom the handgun is to be
18	18	delivered intends to use it unlawfully or in the commission of an
19	19	unlawful act;
20	20	(2) intentionally or knowingly sells, rents, leases,
21	21	or gives or offers to sell, rent, lease, or give to any child
22	22	younger than 18 years any firearm, club, or illegal knife;
23	23	(3) intentionally, knowingly, or recklessly sells a
24	24	firearm or ammunition for a firearm to any person who is
25	25	intoxicated;
26	26	(4) knowingly sells a firearm or ammunition for a
27	27	firearm to any person who has been convicted of a felony before the
28	28	fifth anniversary of the later of the following dates:
29	29	(A) the person's release from confinement
30	30	following conviction of the felony; or
31	31	(B) the person's release from supervision under
32	32	community supervision, parole, or mandatory supervision following
33	33	conviction of the felony;
34	34	(5) sells, rents, leases, loans, or gives a handgun to
35	35	any person knowing that an active protective order is directed to
36	36	the person to whom the handgun is to be delivered; [or]
37	37	(6) knowingly purchases, rents, leases, or receives as
38	38	a loan or gift from another a handgun while an active protective
39	39	order is directed to the actor; or
40	40	(7) knowingly sells, rents, leases, loans, or gives a
41	41	firearm to a person who the actor knows, or has reasonable cause to
42	42	believe, is:
43	43	(A) a person receiving inpatient mental health
44	44	services by order of a court under Chapter 574, Health and Safety
45	45	Code;
46	46	(B) a person who has been acquitted in a criminal
47	47	case by reason of insanity or lack of mental responsibility,
48	48	regardless of whether the person was ordered by a court to receive
49	49	inpatient treatment or residential care under Chapter 46C, Code of
50	50	Criminal Procedure;
51	51	(C) a person who has been determined to have an
52	52	intellectual disability and committed by a court for long-term
53	53	placement in a residential care facility under Chapter 593, Health
54	54	and Safety Code;
55	55	(D) an incapacitated adult for whom a court has
56	56	appointed a guardian of the person under Title 3, Estates Code,
57	57	based on a determination that the person lacks the mental capacity
58	58	to manage the person's affairs; or
59	59	(E) a person determined to be incompetent to
60	60	stand trial under Chapter 46B, Code of Criminal Procedure.
61	61	(e) It is a defense to prosecution under Subsection (a)(7)
62	62	that the transfer is to a person who:
63	63	(1) is the subject of a judicial order or finding that
64	64	the person is no longer an incapacitated adult or is entitled to
65	65	relief from disabilities under Section 574.088, Health and Safety
66	66	Code; or
67	67	(2) has obtained notice of relief from disabilities
68	68	under 18 U.S.C. Section 925.
69	69	SECTION 2. The change in law made by this Act applies only
70	70	to an offense committed on or after the effective date of this Act.
71	71	An offense committed before the effective date of this Act is
72	72	governed by the law in effect on the date the offense was committed,
73	73	and the former law is continued in effect for that purpose. For
74	74	purposes of this section, an offense was committed before the
75	75	effective date of this Act if any element of the offense occurred
76	76	before that date.
77	77	SECTION 3. This Act takes effect September 1, 2017.