Texas 2017 - 85th Regular

Texas House Bill HB56 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R17744 JSC-D
2	2	By: Flynn, White, Springer, Guillen, Metcalf, H.B. No. 56
3	3	et al.
4	4	Substitute the following for H.B. No. 56:
5	5	By: King of Parker C.S.H.B. No. 56
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the carrying of a handgun by a first responder engaged
11	11	in the actual discharge of the first responder's duties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 30.06, Penal Code, is amended by adding
14	14	Subsection (f) to read as follows:
15	15	(f) It is a defense to prosecution under this section that
16	16	the license holder was a first responder, as defined by Section
17	17	161.0001, Health and Safety Code, engaged in the actual discharge
18	18	of the first responder's duties.
19	19	SECTION 2. Section 30.07, Penal Code, is amended by adding
20	20	Subsection (g) to read as follows:
21	21	(g) It is a defense to prosecution under this section that
22	22	the license holder was a first responder, as defined by Section
23	23	161.0001, Health and Safety Code, engaged in the actual discharge
24	24	of the first responder's duties.
25	25	SECTION 3. Section 46.035(h-1), Penal Code, as added by
26	26	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
27	27	Session, 2007, is amended to read as follows:
28	28	(h-1) It is a defense to prosecution under Subsections
29	29	(b)(1), (2), (4), (5), and (6) [(4)-(6),] and (c) that at the time
30	30	of the commission of the offense, the actor was:
31	31	(1) a judge or justice of a federal court;
32	32	(2) an active judicial officer, as defined by Section
33	33	411.201, Government Code; [or]
34	34	(3) a district attorney, assistant district attorney,
35	35	criminal district attorney, assistant criminal district attorney,
36	36	county attorney, or assistant county attorney; or
37	37	(4) a first responder, as defined by Section 161.0001,
38	38	Health and Safety Code, who:
39	39	(A) was carrying a handgun and held a license to
40	40	carry a handgun under Subchapter H, Chapter 411, Government Code;
41	41	and
42	42	(B) was engaged in the actual discharge of the
43	43	first responder's duties while carrying the handgun.
44	44	SECTION 4. Section 46.15(a), Penal Code, is amended to read
45	45	as follows:
46	46	(a) Sections 46.02 and 46.03 do not apply to:
47	47	(1) peace officers or special investigators under
48	48	Article 2.122, Code of Criminal Procedure, and neither section
49	49	prohibits a peace officer or special investigator from carrying a
50	50	weapon in this state, including in an establishment in this state
51	51	serving the public, regardless of whether the peace officer or
52	52	special investigator is engaged in the actual discharge of the
53	53	officer's or investigator's duties while carrying the weapon;
54	54	(2) parole officers and neither section prohibits an
55	55	officer from carrying a weapon in this state if the officer is:
56	56	(A) engaged in the actual discharge of the
57	57	officer's duties while carrying the weapon; and
58	58	(B) in compliance with policies and procedures
59	59	adopted by the Texas Department of Criminal Justice regarding the
60	60	possession of a weapon by an officer while on duty;
61	61	(3) community supervision and corrections department
62	62	officers appointed or employed under Section 76.004, Government
63	63	Code, and neither section prohibits an officer from carrying a
64	64	weapon in this state if the officer is:
65	65	(A) engaged in the actual discharge of the
66	66	officer's duties while carrying the weapon; and
67	67	(B) authorized to carry a weapon under Section
68	68	76.0051, Government Code;
69	69	(4) an active judicial officer as defined by Section
70	70	411.201, Government Code, who is licensed to carry a handgun under
71	71	Subchapter H, Chapter 411, Government Code;
72	72	(5) an honorably retired peace officer, qualified
73	73	retired law enforcement officer, federal criminal investigator, or
74	74	former reserve law enforcement officer who holds a certificate of
75	75	proficiency issued under Section 1701.357, Occupations Code, and is
76	76	carrying a photo identification that is issued by a federal, state,
77	77	or local law enforcement agency, as applicable, and that verifies
78	78	that the officer is:
79	79	(A) an honorably retired peace officer;
80	80	(B) a qualified retired law enforcement officer;
81	81	(C) a federal criminal investigator; or
82	82	(D) a former reserve law enforcement officer who
83	83	has served in that capacity not less than a total of 15 years with
84	84	one or more state or local law enforcement agencies;
85	85	(6) a district attorney, criminal district attorney,
86	86	county attorney, or municipal attorney who is licensed to carry a
87	87	handgun under Subchapter H, Chapter 411, Government Code;
88	88	(7) an assistant district attorney, assistant
89	89	criminal district attorney, or assistant county attorney who is
90	90	licensed to carry a handgun under Subchapter H, Chapter 411,
91	91	Government Code;
92	92	(8) a bailiff designated by an active judicial officer
93	93	as defined by Section 411.201, Government Code, who is:
94	94	(A) licensed to carry a handgun under Subchapter
95	95	H, Chapter 411, Government Code; and
96	96	(B) engaged in escorting the judicial officer;
97	97	[or]
98	98	(9) a juvenile probation officer who is authorized to
99	99	carry a firearm under Section 142.006, Human Resources Code; or
100	100	(10) a first responder, as defined by Section
101	101	161.0001, Health and Safety Code, who:
102	102	(A) is carrying a handgun and holds a license to
103	103	carry a handgun under Subchapter H, Chapter 411, Government Code;
104	104	and
105	105	(B) is engaged in the actual discharge of the
106	106	first responder's duties while carrying the handgun.
107	107	SECTION 5. The change in law made by this Act applies only
108	108	to an offense committed on or after the effective date of this Act.
109	109	An offense committed before the effective date of this Act is
110	110	governed by the law in effect on the date the offense was committed,
111	111	and the former law is continued in effect for that purpose. For
112	112	purposes of this section, an offense was committed before the
113	113	effective date of this Act if any element of the offense occurred
114	114	before that date.
115	115	SECTION 6. This Act takes effect September 1, 2017.