Texas 2019 - 86th Regular

Texas House Bill HB3257 Compare Versions

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

Old	New	Differences
1	1	86R582 LHC-D
2	2	By: Raney H.B. No. 3257
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal consequences of using or exhibiting an
8	8	imitation firearm.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1.07(a), Penal Code, is amended by
11	11	adding Subdivision (25-a) to read as follows:
12	12	(25-a) "Imitation firearm" means any device, model,
13	13	object, toy, or air gun designed by the manufacturer to replicate or
14	14	substantially appear to be an actual firearm, but does not include
15	15	any replica or facsimile that cannot reasonably be perceived to be a
16	16	firearm because of a distinct color, exaggerated size, or other
17	17	design feature.
18	18	SECTION 2. Section 12.35(c), Penal Code, is amended to read
19	19	as follows:
20	20	(c) An individual adjudged guilty of a state jail felony
21	21	shall be punished for a third degree felony if it is shown on the
22	22	trial of the offense that:
23	23	(1) a deadly weapon or imitation firearm, as those
24	24	terms are defined by Section 1.07, was used or exhibited during the
25	25	commission of the offense or during immediate flight following the
26	26	commission of the offense, and that the individual used or
27	27	exhibited the deadly weapon or imitation firearm or was a party to
28	28	the offense and knew that a deadly weapon or imitation firearm would
29	29	be used or exhibited; or
30	30	(2) the individual has previously been finally
31	31	convicted of any felony:
32	32	(A) under Section 20A.03 or 21.02 or listed in
33	33	Article 42A.054(a), Code of Criminal Procedure; or
34	34	(B) for which the judgment contains an
35	35	affirmative finding under Article 42A.054(c) or (d), Code of
36	36	Criminal Procedure.
37	37	SECTION 3. Section 20.04(b), Penal Code, is amended to read
38	38	as follows:
39	39	(b) A person commits an offense if the person intentionally
40	40	or knowingly abducts another person and uses or exhibits a deadly
41	41	weapon or imitation firearm during the commission of the offense.
42	42	SECTION 4. Sections 22.02(a) and (b), Penal Code, are
43	43	amended to read as follows:
44	44	(a) A person commits an offense if the person commits
45	45	assault as defined in Sec. 22.01 and the person:
46	46	(1) causes serious bodily injury to another, including
47	47	the person's spouse; or
48	48	(2) uses or exhibits a deadly weapon or imitation
49	49	firearm during the commission of the assault.
50	50	(b) An offense under this section is a felony of the second
51	51	degree, except that the offense is a felony of the first degree if:
52	52	(1) the actor uses a deadly weapon or imitation
53	53	firearm during the commission of the assault and causes serious
54	54	bodily injury to a person whose relationship to or association with
55	55	the defendant is described by Section 71.0021(b), 71.003, or
56	56	71.005, Family Code;
57	57	(2) regardless of whether the offense is committed
58	58	under Subsection (a)(1) or (a)(2), the offense is committed:
59	59	(A) by a public servant acting under color of the
60	60	servant's office or employment;
61	61	(B) against a person the actor knows is a public
62	62	servant while the public servant is lawfully discharging an
63	63	official duty, or in retaliation or on account of an exercise of
64	64	official power or performance of an official duty as a public
65	65	servant;
66	66	(C) in retaliation against or on account of the
67	67	service of another as a witness, prospective witness, informant, or
68	68	person who has reported the occurrence of a crime; or
69	69	(D) against a person the actor knows is a
70	70	security officer while the officer is performing a duty as a
71	71	security officer; or
72	72	(3) the actor is in a motor vehicle, as defined by
73	73	Section 501.002, Transportation Code, and:
74	74	(A) knowingly discharges a firearm at or in the
75	75	direction of a habitation, building, or vehicle;
76	76	(B) is reckless as to whether the habitation,
77	77	building, or vehicle is occupied; and
78	78	(C) in discharging the firearm, causes serious
79	79	bodily injury to any person.
80	80	SECTION 5. Section 22.021(a), Penal Code, is amended to
81	81	read as follows:
82	82	(a) A person commits an offense:
83	83	(1) if the person:
84	84	(A) intentionally or knowingly:
85	85	(i) causes the penetration of the anus or
86	86	sexual organ of another person by any means, without that person's
87	87	consent;
88	88	(ii) causes the penetration of the mouth of
89	89	another person by the sexual organ of the actor, without that
90	90	person's consent; or
91	91	(iii) causes the sexual organ of another
92	92	person, without that person's consent, to contact or penetrate the
93	93	mouth, anus, or sexual organ of another person, including the
94	94	actor; or
95	95	(B) regardless of whether the person knows the
96	96	age of the child at the time of the offense, intentionally or
97	97	knowingly:
98	98	(i) causes the penetration of the anus or
99	99	sexual organ of a child by any means;
100	100	(ii) causes the penetration of the mouth of
101	101	a child by the sexual organ of the actor;
102	102	(iii) causes the sexual organ of a child to
103	103	contact or penetrate the mouth, anus, or sexual organ of another
104	104	person, including the actor;
105	105	(iv) causes the anus of a child to contact
106	106	the mouth, anus, or sexual organ of another person, including the
107	107	actor; or
108	108	(v) causes the mouth of a child to contact
109	109	the anus or sexual organ of another person, including the actor; and
110	110	(2) if:
111	111	(A) the person:
112	112	(i) causes serious bodily injury or
113	113	attempts to cause the death of the victim or another person in the
114	114	course of the same criminal episode;
115	115	(ii) by acts or words places the victim in
116	116	fear that any person will become the victim of an offense under
117	117	Section 20A.02(a)(3), (4), (7), or (8) or that death, serious
118	118	bodily injury, or kidnapping will be imminently inflicted on any
119	119	person;
120	120	(iii) by acts or words occurring in the
121	121	presence of the victim threatens to cause any person to become the
122	122	victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or
123	123	to cause the death, serious bodily injury, or kidnapping of any
124	124	person;
125	125	(iv) uses or exhibits a deadly weapon or
126	126	imitation firearm in the course of the same criminal episode;
127	127	(v) acts in concert with another who
128	128	engages in conduct described by Subdivision (1) directed toward the
129	129	same victim and occurring during the course of the same criminal
130	130	episode; or
131	131	(vi) with the intent of facilitating the
132	132	commission of the offense, administers or provides to the victim of
133	133	the offense any substance capable of impairing the victim's ability
134	134	to appraise the nature of the act or to resist the act;
135	135	(B) the victim is younger than 14 years of age,
136	136	regardless of whether the person knows the age of the victim at the
137	137	time of the offense; or
138	138	(C) the victim is an elderly individual or a
139	139	disabled individual.
140	140	SECTION 6. Section 29.03(a), Penal Code, is amended to read
141	141	as follows:
142	142	(a) A person commits an offense if the person [he] commits
143	143	robbery as defined in Section 29.02, and the person [he]:
144	144	(1) causes serious bodily injury to another;
145	145	(2) uses or exhibits a deadly weapon or imitation
146	146	firearm; or
147	147	(3) causes bodily injury to another person or
148	148	threatens or places another person in fear of imminent bodily
149	149	injury or death, if the other person is:
150	150	(A) 65 years of age or older; or
151	151	(B) a disabled person.
152	152	SECTION 7. Section 38.03(d), Penal Code, is amended to read
153	153	as follows:
154	154	(d) An offense under this section is a felony of the third
155	155	degree if the actor uses a deadly weapon or imitation firearm to
156	156	resist the arrest or search.
157	157	SECTION 8. Section 38.06(e), Penal Code, is amended to read
158	158	as follows:
159	159	(e) An offense under this section is a felony of the first
160	160	degree if to effect the [his] escape the actor:
161	161	(1) causes serious bodily injury; or
162	162	(2) uses or threatens to use a deadly weapon or uses an
163	163	imitation firearm in a threatening manner.
164	164	SECTION 9. Section 38.07(e), Penal Code, is amended to read
165	165	as follows:
166	166	(e) An offense under this section is a felony of the second
167	167	degree if:
168	168	(1) to effect the escape, the actor or the person in
169	169	custody used or threatened to use a deadly weapon or used an
170	170	imitation firearm in a threatening manner [to effect the escape];
171	171	or
172	172	(2) the person in custody was confined in a secure
173	173	correctional facility after conviction of a felony.
174	174	SECTION 10. Sections 38.09(a) and (b), Penal Code, are
175	175	amended to read as follows:
176	176	(a) A person commits an offense if, with intent to
177	177	facilitate escape, the person [he] introduces into a correctional
178	178	facility, or provides a person in custody or an inmate with, a
179	179	deadly weapon or imitation firearm or anything that may be useful
180	180	for escape.
181	181	(b) An offense under this section is a felony of the third
182	182	degree unless the actor introduced or provided a deadly weapon or
183	183	imitation firearm, in which event the offense is a felony of the
184	184	second degree.
185	185	SECTION 11. Sections 38.11(a) and (d), Penal Code, are
186	186	amended to read as follows:
187	187	(a) A person commits an offense if the person provides, or
188	188	possesses with the intent to provide:
189	189	(1) an alcoholic beverage, controlled substance, or
190	190	dangerous drug to a person in the custody of a correctional facility
191	191	or civil commitment facility, except on the prescription of a
192	192	practitioner;
193	193	(2) a deadly weapon or imitation firearm to a person in
194	194	the custody of a correctional facility or civil commitment
195	195	facility;
196	196	(3) a cellular telephone or other wireless
197	197	communications device or a component of one of those devices to a
198	198	person in the custody of a correctional facility;
199	199	(4) money to a person confined in a correctional
200	200	facility; or
201	201	(5) a cigarette or tobacco product to a person
202	202	confined in a correctional facility, except that if the facility is
203	203	a local jail regulated by the Commission on Jail Standards, the
204	204	person commits an offense only if providing the cigarette or
205	205	tobacco product violates a rule or regulation adopted by the
206	206	sheriff or jail administrator that:
207	207	(A) prohibits the possession of a cigarette or
208	208	tobacco product by a person confined in the jail; or
209	209	(B) places restrictions on:
210	210	(i) the possession of a cigarette or
211	211	tobacco product by a person confined in the jail; or
212	212	(ii) the manner in which a cigarette or
213	213	tobacco product may be provided to a person confined in the jail.
214	214	(d) A person commits an offense if the person:
215	215	(1) possesses a controlled substance or dangerous drug
216	216	while in a correctional facility or civil commitment facility or on
217	217	property owned, used, or controlled by a correctional facility or
218	218	civil commitment facility; or
219	219	(2) possesses a deadly weapon or imitation firearm
220	220	while in a correctional facility or civil commitment facility.
221	221	SECTION 12. Section 42.01(a), Penal Code, is amended to
222	222	read as follows:
223	223	(a) A person commits an offense if the person [he]
224	224	intentionally or knowingly:
225	225	(1) uses abusive, indecent, profane, or vulgar
226	226	language in a public place, and the language by its very utterance
227	227	tends to incite an immediate breach of the peace;
228	228	(2) makes an offensive gesture or display in a public
229	229	place, and the gesture or display tends to incite an immediate
230	230	breach of the peace;
231	231	(3) creates, by chemical means, a noxious and
232	232	unreasonable odor in a public place;
233	233	(4) abuses or threatens a person in a public place in
234	234	an obviously offensive manner;
235	235	(5) makes unreasonable noise in a public place other
236	236	than a sport shooting range, as defined by Section 250.001, Local
237	237	Government Code, or in or near a private residence that the actor
238	238	[he] has no right to occupy;
239	239	(6) fights with another in a public place;
240	240	(7) discharges a firearm in a public place other than a
241	241	public road or a sport shooting range, as defined by Section
242	242	250.001, Local Government Code;
243	243	(8) displays a firearm or other deadly weapon or an
244	244	imitation firearm in a public place in a manner calculated to alarm;
245	245	(9) discharges a firearm on or across a public road;
246	246	(10) exposes the actor's [his] anus or genitals in a
247	247	public place and is reckless about whether another may be present
248	248	who will be offended or alarmed by the [his] act; or
249	249	(11) for a lewd or unlawful purpose:
250	250	(A) enters on the property of another and looks
251	251	into a dwelling on the property through any window or other opening
252	252	in the dwelling;
253	253	(B) while on the premises of a hotel or
254	254	comparable establishment, looks into a guest room not the person's
255	255	own through a window or other opening in the room; or
256	256	(C) while on the premises of a public place,
257	257	looks into an area such as a restroom or shower stall or changing or
258	258	dressing room that is designed to provide privacy to a person using
259	259	the area.
260	260	SECTION 13. The heading to Section 46.10, Penal Code, is
261	261	amended to read as follows:
262	262	Sec. 46.10. DEADLY WEAPON OR IMITATION FIREARM IN PENAL
263	263	INSTITUTION.
264	264	SECTION 14. Section 46.10(a), Penal Code, is amended to
265	265	read as follows:
266	266	(a) A person commits an offense if, while confined in a
267	267	penal institution, the person [he] intentionally, knowingly, or
268	268	recklessly:
269	269	(1) carries on or about the actor's [his] person a
270	270	deadly weapon or imitation firearm; or
271	271	(2) possesses or conceals a deadly weapon or imitation
272	272	firearm in the penal institution.
273	273	SECTION 15. Section 71.023(a), Penal Code, is amended to
274	274	read as follows:
275	275	(a) A person commits an offense if the person, as part of the
276	276	identifiable leadership of a criminal street gang, knowingly
277	277	finances, directs, or supervises the commission of, or a conspiracy
278	278	to commit, one or more of the following offenses by members of a
279	279	criminal street gang:
280	280	(1) a felony offense that is listed in Article
281	281	42A.054(a), Code of Criminal Procedure;
282	282	(2) a felony offense for which it is shown that a
283	283	deadly weapon or imitation firearm, as those terms are defined by
284	284	Section 1.07, was used or exhibited during the commission of the
285	285	offense or during immediate flight from the commission of the
286	286	offense; or
287	287	(3) an offense that is punishable under Section
288	288	481.112(e), 481.112(f), 481.1121(b)(4), 481.115(f), or
289	289	481.120(b)(6), Health and Safety Code.
290	290	SECTION 16. Section 25.06(a), Alcoholic Beverage Code, is
291	291	amended to read as follows:
292	292	(a) The county judge shall deny an original application for
293	293	a wine and beer retailer's permit if he finds that the applicant, or
294	294	the applicant's spouse, during the five years immediately preceding
295	295	the application, was finally convicted of a felony or one of the
296	296	following offenses:
297	297	(1) prostitution;
298	298	(2) a vagrancy offense involving moral turpitude;
299	299	(3) bookmaking;
300	300	(4) gambling or gaming;
301	301	(5) an offense involving controlled substances as
302	302	defined in Chapter 481, Health and Safety Code, or other dangerous
303	303	drugs;
304	304	(6) a violation of this code resulting in the
305	305	cancellation of a license or permit, or a fine of not less than
306	306	$500;
307	307	(7) more than three violations of this code relating
308	308	to minors;
309	309	(8) bootlegging; or
310	310	(9) an offense involving a firearm or other [firearms
311	311	or a] deadly weapon or an imitation firearm.
312	312	SECTION 17. Section 69.06(a), Alcoholic Beverage Code, is
313	313	amended to read as follows:
314	314	(a) The county judge shall deny an original application for
315	315	a retail dealer's on-premise license if the county judge finds that
316	316	the applicant or the applicant's spouse, during the five years
317	317	immediately preceding the application, was finally convicted of a
318	318	felony or one of the following offenses:
319	319	(1) prostitution;
320	320	(2) a vagrancy offense involving moral turpitude;
321	321	(3) bookmaking;
322	322	(4) gambling or gaming;
323	323	(5) an offense involving controlled substances as
324	324	defined in the Texas Controlled Substances Act, including an
325	325	offense involving a synthetic cannabinoid, or an offense involving
326	326	other dangerous drugs;
327	327	(6) a violation of this code resulting in the
328	328	cancellation of a license or permit, or a fine of not less than
329	329	$500;
330	330	(7) more than three violations of this code relating
331	331	to minors;
332	332	(8) bootlegging; or
333	333	(9) an offense involving a firearm or other [firearms
334	334	or a] deadly weapon or an imitation firearm.
335	335	SECTION 18. Section 104.01(a), Alcoholic Beverage Code, is
336	336	amended to read as follows:
337	337	(a) No person authorized to sell beer at retail, nor the
338	338	person's agent, servant, or employee, may engage in or permit
339	339	conduct on the premises of the retailer which is lewd, immoral, or
340	340	offensive to public decency, including, but not limited to, any of
341	341	the following acts:
342	342	(1) the use of loud and vociferous or obscene, vulgar,
343	343	or indecent language, or permitting its use;
344	344	(2) the exposure of a person or permitting a person to
345	345	expose himself or herself;
346	346	(3) rudely displaying or permitting a person to rudely
347	347	display a pistol or other deadly weapon, or an imitation firearm, in
348	348	a manner calculated to disturb persons in the retail establishment;
349	349	(4) solicitation of any person to buy drinks for
350	350	consumption by the retailer or any of the retailer's employees;
351	351	(5) being intoxicated on the licensed premises;
352	352	(6) permitting lewd or vulgar entertainment or acts;
353	353	(7) permitting solicitations of persons for immoral or
354	354	sexual purposes;
355	355	(8) failing or refusing to comply with state or
356	356	municipal health or sanitary laws or ordinances; or
357	357	(9) possession of a narcotic or synthetic cannabinoid
358	358	or any equipment used or designed for the administering of a
359	359	narcotic or a synthetic cannabinoid or permitting a person on the
360	360	licensed premises to do so.
361	361	SECTION 19. Article 2.139(a), Code of Criminal Procedure,
362	362	is amended by adding Subdivision (1-a) to read as follows:
363	363	(1-a) "Imitation firearm" has the meaning assigned by
364	364	Section 1.07, Penal Code.
365	365	SECTION 20. Article 2.139(b), Code of Criminal Procedure,
366	366	is amended to read as follows:
367	367	(b) The office of the attorney general by rule shall create
368	368	a written and electronic form for the reporting by law enforcement
369	369	agencies of an officer-involved injury or death. The form must
370	370	include spaces to report only the following information:
371	371	(1) the date on which the incident occurred;
372	372	(2) the location where the incident occurred;
373	373	(3) the age, gender, and race or ethnicity of each
374	374	peace officer involved in the incident;
375	375	(4) if known, the age, gender, and race or ethnicity of
376	376	each injured or deceased person involved in the incident;
377	377	(5) whether the person was injured or died as a result
378	378	of the incident;
379	379	(6) whether each injured or deceased person used,
380	380	exhibited, or was carrying a deadly weapon or imitation firearm
381	381	during the incident;
382	382	(7) whether each peace officer involved in the
383	383	incident was on duty during the incident;
384	384	(8) whether each peace officer involved in the
385	385	incident was responding to an emergency call or a request for
386	386	assistance and, if so, whether the officer responded to that call or
387	387	request with one or more other peace officers; and
388	388	(9) whether the incident occurred during or as a
389	389	result of:
390	390	(A) the execution of a warrant; or
391	391	(B) a hostage, barricade, or other emergency
392	392	situation.
393	393	SECTION 21. Article 17.291(b), Code of Criminal Procedure,
394	394	is amended to read as follows:
395	395	(b) Article 17.29 does not apply when a person has been
396	396	arrested or held without a warrant in the prevention of family
397	397	violence if there is probable cause to believe the violence will
398	398	continue if the person is immediately released. The head of the
399	399	agency arresting or holding such a person may hold the person for a
400	400	period of not more than four hours after bond has been posted. This
401	401	detention period may be extended for an additional period not to
402	402	exceed 48 hours, but only if authorized in a writing directed to the
403	403	person having custody of the detained person by a magistrate who
404	404	concludes that:
405	405	(1) the violence would continue if the person is
406	406	released; and
407	407	(2) if the additional period exceeds 24 hours,
408	408	probable cause exists to believe that the person committed the
409	409	instant offense and that, during the 10-year period preceding the
410	410	date of the instant offense, the person has been arrested:
411	411	(A) on more than one occasion for an offense
412	412	involving family violence; or
413	413	(B) for any other offense, if a deadly weapon or
414	414	imitation firearm, as those terms are defined by Section 1.07,
415	415	Penal Code, was used or exhibited during commission of the offense
416	416	or during immediate flight after commission of the offense.
417	417	SECTION 22. Article 17.292(b), Code of Criminal Procedure,
418	418	is amended to read as follows:
419	419	(b) At a defendant's appearance before a magistrate after
420	420	arrest for an offense involving family violence, the magistrate
421	421	shall issue an order for emergency protection if the arrest is for
422	422	an offense that also involves:
423	423	(1) serious bodily injury to the victim; or
424	424	(2) the use or exhibition of a deadly weapon or
425	425	imitation firearm during the commission of an assault.
426	426	SECTION 23. Articles 42.14(b) and (d), Code of Criminal
427	427	Procedure, are amended to read as follows:
428	428	(b) In a felony case, the judgment and sentence may be
429	429	rendered in the absence of the defendant only if:
430	430	(1) the defendant is confined in a penal institution;
431	431	(2) the defendant is not charged with a felony
432	432	offense:
433	433	(A) that is listed in Article 42A.054(a); or
434	434	(B) for which it is alleged that:
435	435	(i) a deadly weapon or imitation firearm
436	436	was used or exhibited during the commission of the offense or during
437	437	immediate flight from the commission of the offense; and
438	438	(ii) the defendant used or exhibited the
439	439	deadly weapon or imitation firearm or was a party to the offense and
440	440	knew that a deadly weapon or imitation firearm would be used or
441	441	exhibited;
442	442	(3) the defendant in writing before the appropriate
443	443	court having jurisdiction in the county in which the penal
444	444	institution is located:
445	445	(A) waives the right to be present at the
446	446	rendering of the judgment and sentence or to have counsel present;
447	447	(B) affirms that the defendant does not have
448	448	anything to say as to why the sentence should not be pronounced and
449	449	that there is no reason to prevent the sentence under Article 42.07;
450	450	(C) states that the defendant has entered into a
451	451	written plea agreement with the attorney representing the state in
452	452	the prosecution of the case; and
453	453	(D) requests the court to pronounce sentence in
454	454	the case in accordance with the plea agreement;
455	455	(4) the defendant and the attorney representing the
456	456	state in the prosecution of the case have entered into a written
457	457	plea agreement that is made a part of the record in the case; and
458	458	(5) sentence is pronounced in accordance with the plea
459	459	agreement.
460	460	(d) In this article, "deadly weapon," "imitation firearm,"
461	461	[weapon"] and "penal institution" have the meanings assigned by
462	462	Section 1.07, Penal Code.
463	463	SECTION 24. Articles 42A.054(b), (c), and (d), Code of
464	464	Criminal Procedure, are amended to read as follows:
465	465	(b) Article 42A.053 does not apply to a defendant when it is
466	466	shown that:
467	467	(1) a deadly weapon or imitation firearm, as those
468	468	terms are defined by Section 1.07, Penal Code, was used or exhibited
469	469	during the:
470	470	(A) commission of a felony offense; or
471	471	(B) immediate flight from the commission of a
472	472	felony offense; and
473	473	(2) the defendant:
474	474	(A) used or exhibited the deadly weapon or
475	475	imitation firearm; or
476	476	(B) was a party to the offense and knew that a
477	477	deadly weapon or imitation firearm would be used or exhibited.
478	478	(c) The [On an affirmative finding regarding the use or
479	479	exhibition of a deadly weapon as described by Subsection (b), the]
480	480	trial court shall enter the following affirmative findings
481	481	[finding] in the judgment of the court:
482	482	(1) an affirmative finding regarding the use or
483	483	exhibition of a deadly weapon as described by Subsection (b); or
484	484	(2) an affirmative finding regarding the use or
485	485	exhibition of an imitation firearm as described by Subsection (b).
486	486	(d) On an affirmative finding that the deadly weapon under
487	487	Subsection (c)(1) [(c)] was a firearm, the court shall enter that
488	488	finding in its judgment.
489	489	SECTION 25. The heading to Article 42A.204, Code of
490	490	Criminal Procedure, is amended to read as follows:
491	491	Art. 42A.204. PARTIAL EXECUTION OF SENTENCE: FIREARM OR
492	492	IMITATION FIREARM USED OR EXHIBITED.
493	493	SECTION 26. Article 42A.204(a), Code of Criminal Procedure,
494	494	is amended to read as follows:
495	495	(a) If in the trial of a felony of the second degree or
496	496	higher there is an affirmative finding described by Article
497	497	42A.054(c)(2) or (d) [42A.054(d)] and the jury recommends that the
498	498	court place the defendant on community supervision, the court may
499	499	order the defendant imprisoned in the Texas Department of Criminal
500	500	Justice for not less than 60 and not more than 120 days.
501	501	SECTION 27. The heading to Section 37.125, Education Code,
502	502	is amended to read as follows:
503	503	Sec. 37.125. EXHIBITION OR[,] USE OF FIREARM OR IMITATION
504	504	FIREARM;[, OR] THREAT OF EXHIBITION OR USE OF FIREARM [FIREARMS].
505	505	SECTION 28. Section 37.125(a), Education Code, is amended
506	506	to read as follows:
507	507	(a) A person commits an offense if, in a manner intended to
508	508	cause alarm or personal injury to another person or to damage school
509	509	property, the person intentionally:
510	510	(1) exhibits or uses a firearm or imitation firearm:
511	511	(A) in or on any property, including a parking
512	512	lot, parking garage, or other parking area, that is owned by a
513	513	private or public school; or
514	514	(B) on a school bus being used to transport
515	515	children to or from school-sponsored activities of a private or
516	516	public school;
517	517	(2) threatens to exhibit or use a firearm in or on
518	518	property described by Subdivision (1)(A) or on a bus described by
519	519	Subdivision (1)(B) and was in possession of or had immediate access
520	520	to the firearm; or
521	521	(3) threatens to exhibit or use a firearm in or on
522	522	property described by Subdivision (1)(A) or on a bus described by
523	523	Subdivision (1)(B).
524	524	SECTION 29. Section 52.031(a), Family Code, is amended to
525	525	read as follows:
526	526	(a) A juvenile board may establish a first offender program
527	527	under this section for the referral and disposition of children
528	528	taken into custody, or accused prior to the filing of a criminal
529	529	charge, of:
530	530	(1) conduct indicating a need for supervision;
531	531	(2) a Class C misdemeanor, other than a traffic
532	532	offense; or
533	533	(3) delinquent conduct other than conduct that
534	534	constitutes:
535	535	(A) a felony of the first, second, or third
536	536	degree, an aggravated controlled substance felony, or a capital
537	537	felony; or
538	538	(B) a state jail felony or misdemeanor involving
539	539	violence to a person or the use or possession of a firearm,
540	540	location-restricted knife, or club, as those terms are defined by
541	541	Section 46.01, Penal Code, [or] a prohibited weapon, as described
542	542	by Section 46.05, Penal Code, or an imitation firearm, as defined by
543	543	Section 1.07, Penal Code.
544	544	SECTION 30. Section 53.01(d), Family Code, is amended to
545	545	read as follows:
546	546	(d) Unless the juvenile board approves a written procedure
547	547	proposed by the office of prosecuting attorney and chief juvenile
548	548	probation officer which provides otherwise, if it is determined
549	549	that the person is a child and, regardless of a finding of probable
550	550	cause, or a lack thereof, there is an allegation that the child
551	551	engaged in delinquent conduct of the grade of felony, or conduct
552	552	constituting a misdemeanor offense involving violence to a person
553	553	or the use or possession of a firearm, location-restricted knife,
554	554	or club, as those terms are defined by Section 46.01, Penal Code,
555	555	[or] prohibited weapon, as described by Section 46.05, Penal Code,
556	556	or imitation firearm, as defined by Section 1.07, Penal Code, the
557	557	case shall be promptly forwarded to the office of the prosecuting
558	558	attorney, accompanied by:
559	559	(1) all documents that accompanied the current
560	560	referral; and
561	561	(2) a summary of all prior referrals of the child to
562	562	the juvenile court, juvenile probation department, or a detention
563	563	facility.
564	564	SECTION 31. Section 53.02(f), Family Code, is amended to
565	565	read as follows:
566	566	(f) A child who is alleged to have engaged in delinquent
567	567	conduct and to have used, possessed, or exhibited a firearm, as
568	568	defined by Section 46.01, Penal Code, or an imitation firearm, as
569	569	defined by Section 1.07, Penal Code, in the commission of the
570	570	offense shall be detained until the child is released at the
571	571	direction of the judge of the juvenile court, a substitute judge
572	572	authorized by Section 51.04(f), or a referee appointed under
573	573	Section 51.04(g), including an oral direction by telephone, or
574	574	until a detention hearing is held as required by Section 54.01.
575	575	SECTION 32. Section 54.04, Family Code, is amended by
576	576	amending Subsection (g) and adding Subsection (g-1) to read as
577	577	follows:
578	578	(g) If the court orders a disposition under Subsection
579	579	(d)(3) or (m), the court shall enter the following affirmative
580	580	findings in the order:
581	581	(1) [and there is] an affirmative finding that the
582	582	defendant used or exhibited a deadly weapon during the commission
583	583	of the conduct or during immediate flight from commission of the
584	584	conduct; or
585	585	(2) an affirmative finding that the defendant used or
586	586	exhibited an imitation firearm under the circumstances described by
587	587	Subdivision (1)[, the court shall enter the finding in the order].
588	588	(g-1) If the court orders a disposition under Subsection
589	589	(d)(3) or (m) and there is an affirmative finding that the deadly
590	590	weapon was a firearm, the court shall enter that finding in the
591	591	order.
592	592	SECTION 33. Section 54.0409(a), Family Code, is amended to
593	593	read as follows:
594	594	(a) This section applies only to conduct constituting the
595	595	commission of a felony:
596	596	(1) that is listed in Article 42A.054(a), Code of
597	597	Criminal Procedure; or
598	598	(2) for which it is shown that a deadly weapon or
599	599	imitation firearm, as those terms are defined by Section 1.07,
600	600	Penal Code, was used or exhibited during the commission of the
601	601	conduct or during immediate flight from the commission of the
602	602	conduct.
603	603	SECTION 34. Section 59.003(a), Family Code, is amended to
604	604	read as follows:
605	605	(a) Subject to Subsection (e), after a child's first
606	606	commission of delinquent conduct or conduct indicating a need for
607	607	supervision, the probation department or prosecuting attorney may,
608	608	or the juvenile court may, in a disposition hearing under Section
609	609	54.04 or a modification hearing under Section 54.05, assign a child
610	610	one of the following sanction levels according to the child's
611	611	conduct:
612	612	(1) for conduct indicating a need for supervision,
613	613	other than conduct described in Section 51.03(b)(3) or (4) or a
614	614	Class A or B misdemeanor, the sanction level is one;
615	615	(2) for conduct indicating a need for supervision
616	616	under Section 51.03(b)(3) or (4) or a Class A or B misdemeanor,
617	617	other than a misdemeanor involving the use or possession of a
618	618	firearm or use of an imitation firearm, or for delinquent conduct
619	619	under Section 51.03(a)(2), the sanction level is two;
620	620	(3) for a misdemeanor involving the use or possession
621	621	of a firearm or use of an imitation firearm or for a state jail
622	622	felony or a felony of the third degree, the sanction level is three;
623	623	(4) for a felony of the second degree, the sanction
624	624	level is four;
625	625	(5) for a felony of the first degree, other than a
626	626	felony involving the use of a deadly weapon or imitation firearm or
627	627	causing serious bodily injury, the sanction level is five;
628	628	(6) for a felony of the first degree involving the use
629	629	of a deadly weapon or imitation firearm or causing serious bodily
630	630	injury, for an aggravated controlled substance felony, or for a
631	631	capital felony, the sanction level is six; or
632	632	(7) for a felony of the first degree involving the use
633	633	of a deadly weapon or imitation firearm or causing serious bodily
634	634	injury, for an aggravated controlled substance felony, or for a
635	635	capital felony, if the petition has been approved by a grand jury
636	636	under Section 53.045, or if a petition to transfer the child to
637	637	criminal court has been filed under Section 54.02, the sanction
638	638	level is seven.
639	639	SECTION 35. Section 497.081(d), Government Code, is amended
640	640	to read as follows:
641	641	(d) An inmate may not be appointed to serve as a trusty for
642	642	the purposes of this subchapter if the inmate has attempted an
643	643	escape in which the inmate:
644	644	(1) used a firearm or other deadly weapon or an
645	645	imitation firearm; or
646	646	(2) wounded a guard or other person.
647	647	SECTION 36. Section 499.027(b), Government Code, is amended
648	648	to read as follows:
649	649	(b) An inmate is not eligible under this subchapter to be
650	650	considered for release to intensive supervision parole if:
651	651	(1) the inmate is awaiting transfer to the
652	652	institutional division, or serving a sentence, for an offense for
653	653	which the judgment contains an affirmative finding under Article
654	654	42A.054(c) or (d), Code of Criminal Procedure;
655	655	(2) the inmate is awaiting transfer to the
656	656	institutional division, or serving a sentence, for an offense
657	657	listed in one of the following sections of the Penal Code:
658	658	(A) Section 19.02 (murder);
659	659	(B) Section 19.03 (capital murder);
660	660	(C) Section 19.04 (manslaughter);
661	661	(D) Section 20.03 (kidnapping);
662	662	(E) Section 20.04 (aggravated kidnapping);
663	663	(F) Section 21.11 (indecency with a child);
664	664	(G) Section 22.011 (sexual assault);
665	665	(H) Section 22.02 (aggravated assault);
666	666	(I) Section 22.021 (aggravated sexual assault);
667	667	(J) Section 22.04 (injury to a child, elderly
668	668	individual, or disabled individual);
669	669	(K) Section 25.02 (prohibited sexual conduct);
670	670	(L) Section 25.08 (sale or purchase of a child);
671	671	(M) Section 28.02 (arson);
672	672	(N) Section 29.02 (robbery);
673	673	(O) Section 29.03 (aggravated robbery);
674	674	(P) Section 30.02 (burglary), if the offense is
675	675	punished as a first-degree felony under that section;
676	676	(Q) Section 43.04 (aggravated promotion of
677	677	prostitution);
678	678	(R) Section 43.05 (compelling prostitution);
679	679	(S) Section 43.24 (sale, distribution, or
680	680	display of harmful material to minor);
681	681	(T) Section 43.25 (sexual performance by a
682	682	child);
683	683	(U) Section 46.10 (deadly weapon or imitation
684	684	firearm in penal institution);
685	685	(V) Section 15.01 (criminal attempt), if the
686	686	offense attempted is listed in this subsection;
687	687	(W) Section 15.02 (criminal conspiracy), if the
688	688	offense that is the subject of the conspiracy is listed in this
689	689	subsection;
690	690	(X) Section 15.03 (criminal solicitation), if
691	691	the offense solicited is listed in this subsection;
692	692	(Y) Section 21.02 (continuous sexual abuse of
693	693	young child or children);
694	694	(Z) Section 20A.02 (trafficking of persons); or
695	695	(AA) Section 20A.03 (continuous trafficking of
696	696	persons); or
697	697	(3) the inmate is awaiting transfer to the
698	698	institutional division, or serving a sentence, for an offense under
699	699	Chapter 481, Health and Safety Code, punishable by a minimum term of
700	700	imprisonment or a maximum fine that is greater than the minimum term
701	701	of imprisonment or the maximum fine for a first degree felony.
702	702	SECTION 37. Section 499.053(d), Government Code, is amended
703	703	to read as follows:
704	704	(d) A person transferred from the Texas Juvenile Justice
705	705	Department or a post-adjudication secure correctional facility for
706	706	the offense of capital murder shall become eligible for parole as
707	707	provided in Section 508.145(d)(2) [508.145(d) for an offense listed
708	708	in Article 42A.054, Code of Criminal Procedure, or an offense for
709	709	which a deadly weapon finding has been made].
710	710	SECTION 38. The change in law made by this Act applies only
711	711	to an offense committed on or after the effective date of this Act.
712	712	An offense committed before the effective date of this Act is
713	713	governed by the law in effect on the date the offense was committed,
714	714	and the former law is continued in effect for that purpose. For
715	715	purposes of this section, an offense was committed before the
716	716	effective date of this Act if any element of the offense occurred
717	717	before that date.
718	718	SECTION 39. This Act takes effect September 1, 2019.