Texas 2017 - 85th Regular

Texas Senate Bill SB206 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2074 MAW-D
2	2	By: West S.B. No. 206
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain criminal offenses concerning the unlawful
8	8	transfer or purchase of certain weapons; increasing a criminal
9	9	penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 46.06, Penal Code, is
12	12	amended to read as follows:
13	13	Sec. 46.06. UNLAWFUL TRANSFER OR PURCHASE OF CERTAIN
14	14	WEAPONS.
15	15	SECTION 2. Section 46.06, Penal Code, is amended by
16	16	amending Subsections (a), (c), and (d) and adding Subsections
17	17	(a-1), (c-1), (e), and (f) to read as follows:
18	18	(a) A person commits an offense if the person:
19	19	(1) sells, rents, leases, loans, or gives a firearm
20	20	[handgun] to any person knowing that the person to whom the firearm
21	21	[handgun] is to be delivered intends to use the firearm [it]
22	22	unlawfully or in the commission of an unlawful act;
23	23	(2) purchases or attempts to purchase a firearm with
24	24	intent to deliver the firearm to a person knowing that the person to
25	25	whom the firearm is to be delivered intends to possess the firearm
26	26	unlawfully or to use the firearm unlawfully or in the commission of
27	27	an unlawful act; or
28	28	(3) knowingly makes a materially false or misleading
29	29	statement in providing information to a person for purposes of
30	30	complying with the national instant criminal background check
31	31	system in the manner required by 18 U.S.C. Section 922.
32	32	(a-1) A person commits an offense if the person:
33	33	(1) [(2)] intentionally or knowingly sells, rents,
34	34	leases, or gives or offers to sell, rent, lease, or give to any
35	35	child younger than 18 years any firearm, club, or illegal knife;
36	36	(2) [(3)] intentionally, knowingly, or recklessly
37	37	sells a firearm or ammunition for a firearm to any person who is
38	38	intoxicated;
39	39	(3) [(4)] knowingly sells a firearm or ammunition for
40	40	a firearm to any person who has been convicted of a felony before
41	41	the fifth anniversary of the later of the following dates:
42	42	(A) the person's release from confinement
43	43	following conviction of the felony; or
44	44	(B) the person's release from supervision under
45	45	community supervision, parole, or mandatory supervision following
46	46	conviction of the felony;
47	47	(4) [(5)] sells, rents, leases, loans, or gives a
48	48	handgun to any person knowing that an active protective order is
49	49	directed to the person to whom the handgun is to be delivered; or
50	50	(5) [(6)] knowingly purchases, rents, leases, or
51	51	receives as a loan or gift from another a handgun while an active
52	52	protective order is directed to the actor.
53	53	(c) It is an affirmative defense to prosecution under
54	54	Subsection (a-1)(1) [(a)(2)] that the transfer was to a minor whose
55	55	parent or the person having legal custody of the minor had given
56	56	written permission for the sale or, if the transfer was other than a
57	57	sale, the parent or person having legal custody had given effective
58	58	consent.
59	59	(c-1) The renunciation defense described by Section
60	60	15.04(a) is available as an affirmative defense to prosecution of
61	61	an attempted purchase under Subsection (a)(2).
62	62	(d) An offense under Subsection (a) is a felony of the third
63	63	degree.
64	64	(e) An offense under Subsection (a-1) [this section] is a
65	65	Class A misdemeanor, except that an offense under Subsection
66	66	(a-1)(1) [(a)(2)] is a state jail felony if the weapon that is the
67	67	subject of the offense is a handgun.
68	68	(f) To the extent of any conflict between this section and a
69	69	federal law related to the unlawful transfer or purchase of
70	70	weapons, the federal law prevails.
71	71	SECTION 3. Section 71.02(a), Penal Code, is amended to read
72	72	as follows:
73	73	(a) A person commits an offense if, with the intent to
74	74	establish, maintain, or participate in a combination or in the
75	75	profits of a combination or as a member of a criminal street gang,
76	76	the person commits or conspires to commit one or more of the
77	77	following:
78	78	(1) murder, capital murder, arson, aggravated
79	79	robbery, robbery, burglary, theft, aggravated kidnapping,
80	80	kidnapping, aggravated assault, aggravated sexual assault, sexual
81	81	assault, continuous sexual abuse of young child or children,
82	82	solicitation of a minor, forgery, deadly conduct, assault
83	83	punishable as a Class A misdemeanor, burglary of a motor vehicle, or
84	84	unauthorized use of a motor vehicle;
85	85	(2) any gambling offense punishable as a Class A
86	86	misdemeanor;
87	87	(3) promotion of prostitution, aggravated promotion
88	88	of prostitution, or compelling prostitution;
89	89	(4) unlawful manufacture, transportation, repair, or
90	90	sale of firearms or prohibited weapons;
91	91	(5) unlawful manufacture, delivery, dispensation, or
92	92	distribution of a controlled substance or dangerous drug, or
93	93	unlawful possession of a controlled substance or dangerous drug
94	94	through forgery, fraud, misrepresentation, or deception;
95	95	(5-a) causing the unlawful delivery, dispensation, or
96	96	distribution of a controlled substance or dangerous drug in
97	97	violation of Subtitle B, Title 3, Occupations Code;
98	98	(6) any unlawful wholesale promotion or possession of
99	99	any obscene material or obscene device with the intent to wholesale
100	100	promote the same;
101	101	(7) any offense under Subchapter B, Chapter 43,
102	102	depicting or involving conduct by or directed toward a child
103	103	younger than 18 years of age;
104	104	(8) any felony offense under Chapter 32;
105	105	(9) any offense under Chapter 36;
106	106	(10) any offense under Chapter 34, 35, or 35A;
107	107	(11) any offense under Section 37.11(a);
108	108	(12) any offense under Chapter 20A;
109	109	(13) any offense under Section 37.10;
110	110	(14) any offense under Section 38.06, 38.07, 38.09, or
111	111	38.11;
112	112	(15) any offense under Section 42.10;
113	113	(16) any offense under Section 46.06(a) [46.06(a)(1)]
114	114	or 46.14;
115	115	(17) any offense under Section 20.05 or 20.06; or
116	116	(18) any offense classified as a felony under the Tax
117	117	Code.
118	118	SECTION 4. The change in law made by this Act applies only
119	119	to an offense committed on or after the effective date of this Act.
120	120	An offense committed before the effective date of this Act is
121	121	governed by the law in effect on the date the offense was committed,
122	122	and the former law is continued in effect for that purpose. For
123	123	purposes of this section, an offense was committed before the
124	124	effective date of this Act if any element of the offense occurred
125	125	before that date.
126	126	SECTION 5. This Act takes effect September 1, 2017.