BILL ANALYSIS Senate Research Center H.B. 2880 85R2849 MEW-D By: Dutton (Menndez) Criminal Justice 5/18/2017 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT According to interested parties, school resource officers have indicated the need for a criminal punishment for the threatened exhibition or use of a firearm in or on school property or on a school bus that recognizes the severity of the threat but also does not bring the lifelong consequences of a felony charge against a student. H.B. 2880 addresses that need by decreasing the penalty for such an offense from a third degree felony to a Class A misdemeanor, unless the actor was in possession of or had immediate access to a firearm. H.B. 2880 amends current law relating to the criminal punishment for the threatened exhibition or use of a firearm in or on school property or on a school bus. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 37.125, Education Code, as follows: Sec. 37.125. New heading: EXHIBITION, USE, OR THREAT OF EXHIBITION OR USE OF FIREARMS. (a) Provides that a person commits an offense if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally: (1) exhibits or uses a firearm, rather than exhibits, uses, or threatens to exhibit or use a firearm: (A) in or on any property, including a parking lot, parking garage, or other parking area, that is owned by a private or public school; or (B) on a school bus being used to transport children to or from school-sponsored activities of a private or public school; (2) threatens to exhibit or use a firearm in or on property described by Subdivision (1)(A) or on a bus described by Subdivision (1)(B) and was in possession of or had immediate access to the firearm; or (3) threatens to exhibit or use a firearm in or on property described by Subdivision (1)(A) or on a bus described by Subdivision (1)(B). (b) Provides that an offense under Subsection (a)(1) or (2), rather than this section, is a third degree felony. (c) Provides that an offense under Subsection (a)(3) is a Class A misdemeanor. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2017.
BILL ANALYSIS
Senate Research Center H.B. 2880
85R2849 MEW-D By: Dutton (Menndez)
Criminal Justice
5/18/2017
Engrossed
Senate Research Center
H.B. 2880
85R2849 MEW-D
By: Dutton (Menndez)
Criminal Justice
5/18/2017
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
According to interested parties, school resource officers have indicated the need for a criminal punishment for the threatened exhibition or use of a firearm in or on school property or on a school bus that recognizes the severity of the threat but also does not bring the lifelong consequences of a felony charge against a student. H.B. 2880 addresses that need by decreasing the penalty for such an offense from a third degree felony to a Class A misdemeanor, unless the actor was in possession of or had immediate access to a firearm.
H.B. 2880 amends current law relating to the criminal punishment for the threatened exhibition or use of a firearm in or on school property or on a school bus.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 37.125, Education Code, as follows:
Sec. 37.125. New heading: EXHIBITION, USE, OR THREAT OF EXHIBITION OR USE OF FIREARMS. (a) Provides that a person commits an offense if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally:
(1) exhibits or uses a firearm, rather than exhibits, uses, or threatens to exhibit or use a firearm:
(A) in or on any property, including a parking lot, parking garage, or other parking area, that is owned by a private or public school; or
(B) on a school bus being used to transport children to or from school-sponsored activities of a private or public school;
(2) threatens to exhibit or use a firearm in or on property described by Subdivision (1)(A) or on a bus described by Subdivision (1)(B) and was in possession of or had immediate access to the firearm; or
(3) threatens to exhibit or use a firearm in or on property described by Subdivision (1)(A) or on a bus described by Subdivision (1)(B).
(b) Provides that an offense under Subsection (a)(1) or (2), rather than this section, is a third degree felony.
(c) Provides that an offense under Subsection (a)(3) is a Class A misdemeanor.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2017.