86R582 LHC-D
By: Raney H.B. No. 3257
A BILL TO BE ENTITLED
AN ACT
relating to the criminal consequences of using or exhibiting an
imitation firearm.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.07(a), Penal Code, is amended by
adding Subdivision (25-a) to read as follows:
(25-a) "Imitation firearm" means any device, model,
object, toy, or air gun designed by the manufacturer to replicate or
substantially appear to be an actual firearm, but does not include
any replica or facsimile that cannot reasonably be perceived to be a
firearm because of a distinct color, exaggerated size, or other
design feature.
SECTION 2. Section 12.35(c), Penal Code, is amended to read
as follows:
(c) An individual adjudged guilty of a state jail felony
shall be punished for a third degree felony if it is shown on the
trial of the offense that:
(1) a deadly weapon or imitation firearm, as those
terms are defined by Section 1.07, was used or exhibited during the
commission of the offense or during immediate flight following the
commission of the offense, and that the individual used or
exhibited the deadly weapon or imitation firearm or was a party to
the offense and knew that a deadly weapon or imitation firearm would
be used or exhibited; or
(2) the individual has previously been finally
convicted of any felony:
(A) under Section 20A.03 or 21.02 or listed in
Article 42A.054(a), Code of Criminal Procedure; or
(B) for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure.
SECTION 3. Section 20.04(b), Penal Code, is amended to read
as follows:
(b) A person commits an offense if the person intentionally
or knowingly abducts another person and uses or exhibits a deadly
weapon or imitation firearm during the commission of the offense.
SECTION 4. Sections 22.02(a) and (b), Penal Code, are
amended to read as follows:
(a) A person commits an offense if the person commits
assault as defined in Sec. 22.01 and the person:
(1) causes serious bodily injury to another, including
the person's spouse; or
(2) uses or exhibits a deadly weapon or imitation
firearm during the commission of the assault.
(b) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if:
(1) the actor uses a deadly weapon or imitation
firearm during the commission of the assault and causes serious
bodily injury to a person whose relationship to or association with
the defendant is described by Section 71.0021(b), 71.003, or
71.005, Family Code;
(2) regardless of whether the offense is committed
under Subsection (a)(1) or (a)(2), the offense is committed:
(A) by a public servant acting under color of the
servant's office or employment;
(B) against a person the actor knows is a public
servant while the public servant is lawfully discharging an
official duty, or in retaliation or on account of an exercise of
official power or performance of an official duty as a public
servant;
(C) in retaliation against or on account of the
service of another as a witness, prospective witness, informant, or
person who has reported the occurrence of a crime; or
(D) against a person the actor knows is a
security officer while the officer is performing a duty as a
security officer; or
(3) the actor is in a motor vehicle, as defined by
Section 501.002, Transportation Code, and:
(A) knowingly discharges a firearm at or in the
direction of a habitation, building, or vehicle;
(B) is reckless as to whether the habitation,
building, or vehicle is occupied; and
(C) in discharging the firearm, causes serious
bodily injury to any person.
SECTION 5. Section 22.021(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense:
(1) if the person:
(A) intentionally or knowingly:
(i) causes the penetration of the anus or
sexual organ of another person by any means, without that person's
consent;
(ii) causes the penetration of the mouth of
another person by the sexual organ of the actor, without that
person's consent; or
(iii) causes the sexual organ of another
person, without that person's consent, to contact or penetrate the
mouth, anus, or sexual organ of another person, including the
actor; or
(B) regardless of whether the person knows the
age of the child at the time of the offense, intentionally or
knowingly:
(i) causes the penetration of the anus or
sexual organ of a child by any means;
(ii) causes the penetration of the mouth of
a child by the sexual organ of the actor;
(iii) causes the sexual organ of a child to
contact or penetrate the mouth, anus, or sexual organ of another
person, including the actor;
(iv) causes the anus of a child to contact
the mouth, anus, or sexual organ of another person, including the
actor; or
(v) causes the mouth of a child to contact
the anus or sexual organ of another person, including the actor; and
(2) if:
(A) the person:
(i) causes serious bodily injury or
attempts to cause the death of the victim or another person in the
course of the same criminal episode;
(ii) by acts or words places the victim in
fear that any person will become the victim of an offense under
Section 20A.02(a)(3), (4), (7), or (8) or that death, serious
bodily injury, or kidnapping will be imminently inflicted on any
person;
(iii) by acts or words occurring in the
presence of the victim threatens to cause any person to become the
victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or
to cause the death, serious bodily injury, or kidnapping of any
person;
(iv) uses or exhibits a deadly weapon or
imitation firearm in the course of the same criminal episode;
(v) acts in concert with another who
engages in conduct described by Subdivision (1) directed toward the
same victim and occurring during the course of the same criminal
episode; or
(vi) with the intent of facilitating the
commission of the offense, administers or provides to the victim of
the offense any substance capable of impairing the victim's ability
to appraise the nature of the act or to resist the act;
(B) the victim is younger than 14 years of age,
regardless of whether the person knows the age of the victim at the
time of the offense; or
(C) the victim is an elderly individual or a
disabled individual.
SECTION 6. Section 29.03(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if the person [he] commits
robbery as defined in Section 29.02, and the person [he]:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon or imitation
firearm; or
(3) causes bodily injury to another person or
threatens or places another person in fear of imminent bodily
injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
SECTION 7. Section 38.03(d), Penal Code, is amended to read
as follows:
(d) An offense under this section is a felony of the third
degree if the actor uses a deadly weapon or imitation firearm to
resist the arrest or search.
SECTION 8. Section 38.06(e), Penal Code, is amended to read
as follows:
(e) An offense under this section is a felony of the first
degree if to effect the [his] escape the actor:
(1) causes serious bodily injury; or
(2) uses or threatens to use a deadly weapon or uses an
imitation firearm in a threatening manner.
SECTION 9. Section 38.07(e), Penal Code, is amended to read
as follows:
(e) An offense under this section is a felony of the second
degree if:
(1) to effect the escape, the actor or the person in
custody used or threatened to use a deadly weapon or used an
imitation firearm in a threatening manner [to effect the escape];
or
(2) the person in custody was confined in a secure
correctional facility after conviction of a felony.
SECTION 10. Sections 38.09(a) and (b), Penal Code, are
amended to read as follows:
(a) A person commits an offense if, with intent to
facilitate escape, the person [he] introduces into a correctional
facility, or provides a person in custody or an inmate with, a
deadly weapon or imitation firearm or anything that may be useful
for escape.
(b) An offense under this section is a felony of the third
degree unless the actor introduced or provided a deadly weapon or
imitation firearm, in which event the offense is a felony of the
second degree.
SECTION 11. Sections 38.11(a) and (d), Penal Code, are
amended to read as follows:
(a) A person commits an offense if the person provides, or
possesses with the intent to provide:
(1) an alcoholic beverage, controlled substance, or
dangerous drug to a person in the custody of a correctional facility
or civil commitment facility, except on the prescription of a
practitioner;
(2) a deadly weapon or imitation firearm to a person in
the custody of a correctional facility or civil commitment
facility;
(3) a cellular telephone or other wireless
communications device or a component of one of those devices to a
person in the custody of a correctional facility;
(4) money to a person confined in a correctional
facility; or
(5) a cigarette or tobacco product to a person
confined in a correctional facility, except that if the facility is
a local jail regulated by the Commission on Jail Standards, the
person commits an offense only if providing the cigarette or
tobacco product violates a rule or regulation adopted by the
sheriff or jail administrator that:
(A) prohibits the possession of a cigarette or
tobacco product by a person confined in the jail; or
(B) places restrictions on:
(i) the possession of a cigarette or
tobacco product by a person confined in the jail; or
(ii) the manner in which a cigarette or
tobacco product may be provided to a person confined in the jail.
(d) A person commits an offense if the person:
(1) possesses a controlled substance or dangerous drug
while in a correctional facility or civil commitment facility or on
property owned, used, or controlled by a correctional facility or
civil commitment facility; or
(2) possesses a deadly weapon or imitation firearm
while in a correctional facility or civil commitment facility.
SECTION 12. Section 42.01(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person [he]
intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar
language in a public place, and the language by its very utterance
tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public
place, and the gesture or display tends to incite an immediate
breach of the peace;
(3) creates, by chemical means, a noxious and
unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in
an obviously offensive manner;
(5) makes unreasonable noise in a public place other
than a sport shooting range, as defined by Section 250.001, Local
Government Code, or in or near a private residence that the actor
[he] has no right to occupy;
(6) fights with another in a public place;
(7) discharges a firearm in a public place other than a
public road or a sport shooting range, as defined by Section
250.001, Local Government Code;
(8) displays a firearm or other deadly weapon or an
imitation firearm in a public place in a manner calculated to alarm;
(9) discharges a firearm on or across a public road;
(10) exposes the actor's [his] anus or genitals in a
public place and is reckless about whether another may be present
who will be offended or alarmed by the [his] act; or
(11) for a lewd or unlawful purpose:
(A) enters on the property of another and looks
into a dwelling on the property through any window or other opening
in the dwelling;
(B) while on the premises of a hotel or
comparable establishment, looks into a guest room not the person's
own through a window or other opening in the room; or
(C) while on the premises of a public place,
looks into an area such as a restroom or shower stall or changing or
dressing room that is designed to provide privacy to a person using
the area.
SECTION 13. The heading to Section 46.10, Penal Code, is
amended to read as follows:
Sec. 46.10. DEADLY WEAPON OR IMITATION FIREARM IN PENAL
INSTITUTION.
SECTION 14. Section 46.10(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if, while confined in a
penal institution, the person [he] intentionally, knowingly, or
recklessly:
(1) carries on or about the actor's [his] person a
deadly weapon or imitation firearm; or
(2) possesses or conceals a deadly weapon or imitation
firearm in the penal institution.
SECTION 15. Section 71.023(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person, as part of the
identifiable leadership of a criminal street gang, knowingly
finances, directs, or supervises the commission of, or a conspiracy
to commit, one or more of the following offenses by members of a
criminal street gang:
(1) a felony offense that is listed in Article
42A.054(a), Code of Criminal Procedure;
(2) a felony offense for which it is shown that a
deadly weapon or imitation firearm, as those terms are defined by
Section 1.07, was used or exhibited during the commission of the
offense or during immediate flight from the commission of the
offense; or
(3) an offense that is punishable under Section
481.112(e), 481.112(f), 481.1121(b)(4), 481.115(f), or
481.120(b)(6), Health and Safety Code.
SECTION 16. Section 25.06(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The county judge shall deny an original application for
a wine and beer retailer's permit if he finds that the applicant, or
the applicant's spouse, during the five years immediately preceding
the application, was finally convicted of a felony or one of the
following offenses:
(1) prostitution;
(2) a vagrancy offense involving moral turpitude;
(3) bookmaking;
(4) gambling or gaming;
(5) an offense involving controlled substances as
defined in Chapter 481, Health and Safety Code, or other dangerous
drugs;
(6) a violation of this code resulting in the
cancellation of a license or permit, or a fine of not less than
$500;
(7) more than three violations of this code relating
to minors;
(8) bootlegging; or
(9) an offense involving a firearm or other [firearms
or a] deadly weapon or an imitation firearm.
SECTION 17. Section 69.06(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The county judge shall deny an original application for
a retail dealer's on-premise license if the county judge finds that
the applicant or the applicant's spouse, during the five years
immediately preceding the application, was finally convicted of a
felony or one of the following offenses:
(1) prostitution;
(2) a vagrancy offense involving moral turpitude;
(3) bookmaking;
(4) gambling or gaming;
(5) an offense involving controlled substances as
defined in the Texas Controlled Substances Act, including an
offense involving a synthetic cannabinoid, or an offense involving
other dangerous drugs;
(6) a violation of this code resulting in the
cancellation of a license or permit, or a fine of not less than
$500;
(7) more than three violations of this code relating
to minors;
(8) bootlegging; or
(9) an offense involving a firearm or other [firearms
or a] deadly weapon or an imitation firearm.
SECTION 18. Section 104.01(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) No person authorized to sell beer at retail, nor the
person's agent, servant, or employee, may engage in or permit
conduct on the premises of the retailer which is lewd, immoral, or
offensive to public decency, including, but not limited to, any of
the following acts:
(1) the use of loud and vociferous or obscene, vulgar,
or indecent language, or permitting its use;
(2) the exposure of a person or permitting a person to
expose himself or herself;
(3) rudely displaying or permitting a person to rudely
display a pistol or other deadly weapon, or an imitation firearm, in
a manner calculated to disturb persons in the retail establishment;
(4) solicitation of any person to buy drinks for
consumption by the retailer or any of the retailer's employees;
(5) being intoxicated on the licensed premises;
(6) permitting lewd or vulgar entertainment or acts;
(7) permitting solicitations of persons for immoral or
sexual purposes;
(8) failing or refusing to comply with state or
municipal health or sanitary laws or ordinances; or
(9) possession of a narcotic or synthetic cannabinoid
or any equipment used or designed for the administering of a
narcotic or a synthetic cannabinoid or permitting a person on the
licensed premises to do so.
SECTION 19. Article 2.139(a), Code of Criminal Procedure,
is amended by adding Subdivision (1-a) to read as follows:
(1-a) "Imitation firearm" has the meaning assigned by
Section 1.07, Penal Code.
SECTION 20. Article 2.139(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The office of the attorney general by rule shall create
a written and electronic form for the reporting by law enforcement
agencies of an officer-involved injury or death. The form must
include spaces to report only the following information:
(1) the date on which the incident occurred;
(2) the location where the incident occurred;
(3) the age, gender, and race or ethnicity of each
peace officer involved in the incident;
(4) if known, the age, gender, and race or ethnicity of
each injured or deceased person involved in the incident;
(5) whether the person was injured or died as a result
of the incident;
(6) whether each injured or deceased person used,
exhibited, or was carrying a deadly weapon or imitation firearm
during the incident;
(7) whether each peace officer involved in the
incident was on duty during the incident;
(8) whether each peace officer involved in the
incident was responding to an emergency call or a request for
assistance and, if so, whether the officer responded to that call or
request with one or more other peace officers; and
(9) whether the incident occurred during or as a
result of:
(A) the execution of a warrant; or
(B) a hostage, barricade, or other emergency
situation.
SECTION 21. Article 17.291(b), Code of Criminal Procedure,
is amended to read as follows:
(b) Article 17.29 does not apply when a person has been
arrested or held without a warrant in the prevention of family
violence if there is probable cause to believe the violence will
continue if the person is immediately released. The head of the
agency arresting or holding such a person may hold the person for a
period of not more than four hours after bond has been posted. This
detention period may be extended for an additional period not to
exceed 48 hours, but only if authorized in a writing directed to the
person having custody of the detained person by a magistrate who
concludes that:
(1) the violence would continue if the person is
released; and
(2) if the additional period exceeds 24 hours,
probable cause exists to believe that the person committed the
instant offense and that, during the 10-year period preceding the
date of the instant offense, the person has been arrested:
(A) on more than one occasion for an offense
involving family violence; or
(B) for any other offense, if a deadly weapon or
imitation firearm, as those terms are defined by Section 1.07,
Penal Code, was used or exhibited during commission of the offense
or during immediate flight after commission of the offense.
SECTION 22. Article 17.292(b), Code of Criminal Procedure,
is amended to read as follows:
(b) At a defendant's appearance before a magistrate after
arrest for an offense involving family violence, the magistrate
shall issue an order for emergency protection if the arrest is for
an offense that also involves:
(1) serious bodily injury to the victim; or
(2) the use or exhibition of a deadly weapon or
imitation firearm during the commission of an assault.
SECTION 23. Articles 42.14(b) and (d), Code of Criminal
Procedure, are amended to read as follows:
(b) In a felony case, the judgment and sentence may be
rendered in the absence of the defendant only if:
(1) the defendant is confined in a penal institution;
(2) the defendant is not charged with a felony
offense:
(A) that is listed in Article 42A.054(a); or
(B) for which it is alleged that:
(i) a deadly weapon or imitation firearm
was used or exhibited during the commission of the offense or during
immediate flight from the commission of the offense; and
(ii) the defendant used or exhibited the
deadly weapon or imitation firearm or was a party to the offense and
knew that a deadly weapon or imitation firearm would be used or
exhibited;
(3) the defendant in writing before the appropriate
court having jurisdiction in the county in which the penal
institution is located:
(A) waives the right to be present at the
rendering of the judgment and sentence or to have counsel present;
(B) affirms that the defendant does not have
anything to say as to why the sentence should not be pronounced and
that there is no reason to prevent the sentence under Article 42.07;
(C) states that the defendant has entered into a
written plea agreement with the attorney representing the state in
the prosecution of the case; and
(D) requests the court to pronounce sentence in
the case in accordance with the plea agreement;
(4) the defendant and the attorney representing the
state in the prosecution of the case have entered into a written
plea agreement that is made a part of the record in the case; and
(5) sentence is pronounced in accordance with the plea
agreement.
(d) In this article, "deadly weapon," "imitation firearm,"
[weapon"] and "penal institution" have the meanings assigned by
Section 1.07, Penal Code.
SECTION 24. Articles 42A.054(b), (c), and (d), Code of
Criminal Procedure, are amended to read as follows:
(b) Article 42A.053 does not apply to a defendant when it is
shown that:
(1) a deadly weapon or imitation firearm, as those
terms are defined by Section 1.07, Penal Code, was used or exhibited
during the:
(A) commission of a felony offense; or
(B) immediate flight from the commission of a
felony offense; and
(2) the defendant:
(A) used or exhibited the deadly weapon or
imitation firearm; or
(B) was a party to the offense and knew that a
deadly weapon or imitation firearm would be used or exhibited.
(c) The [On an affirmative finding regarding the use or
exhibition of a deadly weapon as described by Subsection (b), the]
trial court shall enter the following affirmative findings
[finding] in the judgment of the court:
(1) an affirmative finding regarding the use or
exhibition of a deadly weapon as described by Subsection (b); or
(2) an affirmative finding regarding the use or
exhibition of an imitation firearm as described by Subsection (b).
(d) On an affirmative finding that the deadly weapon under
Subsection (c)(1) [(c)] was a firearm, the court shall enter that
finding in its judgment.
SECTION 25. The heading to Article 42A.204, Code of
Criminal Procedure, is amended to read as follows:
Art. 42A.204. PARTIAL EXECUTION OF SENTENCE: FIREARM OR
IMITATION FIREARM USED OR EXHIBITED.
SECTION 26. Article 42A.204(a), Code of Criminal Procedure,
is amended to read as follows:
(a) If in the trial of a felony of the second degree or
higher there is an affirmative finding described by Article
42A.054(c)(2) or (d) [42A.054(d)] and the jury recommends that the
court place the defendant on community supervision, the court may
order the defendant imprisoned in the Texas Department of Criminal
Justice for not less than 60 and not more than 120 days.
SECTION 27. The heading to Section 37.125, Education Code,
is amended to read as follows:
Sec. 37.125. EXHIBITION OR[,] USE OF FIREARM OR IMITATION
FIREARM;[, OR] THREAT OF EXHIBITION OR USE OF FIREARM [FIREARMS].
SECTION 28. Section 37.125(a), Education Code, is amended
to read as follows:
(a) 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 or imitation 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).
SECTION 29. Section 52.031(a), Family Code, is amended to
read as follows:
(a) A juvenile board may establish a first offender program
under this section for the referral and disposition of children
taken into custody, or accused prior to the filing of a criminal
charge, of:
(1) conduct indicating a need for supervision;
(2) a Class C misdemeanor, other than a traffic
offense; or
(3) delinquent conduct other than conduct that
constitutes:
(A) a felony of the first, second, or third
degree, an aggravated controlled substance felony, or a capital
felony; or
(B) a state jail felony or misdemeanor involving
violence to a person or the use or possession of a firearm,
location-restricted knife, or club, as those terms are defined by
Section 46.01, Penal Code, [or] a prohibited weapon, as described
by Section 46.05, Penal Code, or an imitation firearm, as defined by
Section 1.07, Penal Code.
SECTION 30. Section 53.01(d), Family Code, is amended to
read as follows:
(d) Unless the juvenile board approves a written procedure
proposed by the office of prosecuting attorney and chief juvenile
probation officer which provides otherwise, if it is determined
that the person is a child and, regardless of a finding of probable
cause, or a lack thereof, there is an allegation that the child
engaged in delinquent conduct of the grade of felony, or conduct
constituting a misdemeanor offense involving violence to a person
or the use or possession of a firearm, location-restricted knife,
or club, as those terms are defined by Section 46.01, Penal Code,
[or] prohibited weapon, as described by Section 46.05, Penal Code,
or imitation firearm, as defined by Section 1.07, Penal Code, the
case shall be promptly forwarded to the office of the prosecuting
attorney, accompanied by:
(1) all documents that accompanied the current
referral; and
(2) a summary of all prior referrals of the child to
the juvenile court, juvenile probation department, or a detention
facility.
SECTION 31. Section 53.02(f), Family Code, is amended to
read as follows:
(f) A child who is alleged to have engaged in delinquent
conduct and to have used, possessed, or exhibited a firearm, as
defined by Section 46.01, Penal Code, or an imitation firearm, as
defined by Section 1.07, Penal Code, in the commission of the
offense shall be detained until the child is released at the
direction of the judge of the juvenile court, a substitute judge
authorized by Section 51.04(f), or a referee appointed under
Section 51.04(g), including an oral direction by telephone, or
until a detention hearing is held as required by Section 54.01.
SECTION 32. Section 54.04, Family Code, is amended by
amending Subsection (g) and adding Subsection (g-1) to read as
follows:
(g) If the court orders a disposition under Subsection
(d)(3) or (m), the court shall enter the following affirmative
findings in the order:
(1) [and there is] an affirmative finding that the
defendant used or exhibited a deadly weapon during the commission
of the conduct or during immediate flight from commission of the
conduct; or
(2) an affirmative finding that the defendant used or
exhibited an imitation firearm under the circumstances described by
Subdivision (1)[, the court shall enter the finding in the order].
(g-1) If the court orders a disposition under Subsection
(d)(3) or (m) and there is an affirmative finding that the deadly
weapon was a firearm, the court shall enter that finding in the
order.
SECTION 33. Section 54.0409(a), Family Code, is amended to
read as follows:
(a) This section applies only to conduct constituting the
commission of a felony:
(1) that is listed in Article 42A.054(a), Code of
Criminal Procedure; or
(2) for which it is shown that a deadly weapon or
imitation firearm, as those terms are defined by Section 1.07,
Penal Code, was used or exhibited during the commission of the
conduct or during immediate flight from the commission of the
conduct.
SECTION 34. Section 59.003(a), Family Code, is amended to
read as follows:
(a) Subject to Subsection (e), after a child's first
commission of delinquent conduct or conduct indicating a need for
supervision, the probation department or prosecuting attorney may,
or the juvenile court may, in a disposition hearing under Section
54.04 or a modification hearing under Section 54.05, assign a child
one of the following sanction levels according to the child's
conduct:
(1) for conduct indicating a need for supervision,
other than conduct described in Section 51.03(b)(3) or (4) or a
Class A or B misdemeanor, the sanction level is one;
(2) for conduct indicating a need for supervision
under Section 51.03(b)(3) or (4) or a Class A or B misdemeanor,
other than a misdemeanor involving the use or possession of a
firearm or use of an imitation firearm, or for delinquent conduct
under Section 51.03(a)(2), the sanction level is two;
(3) for a misdemeanor involving the use or possession
of a firearm or use of an imitation firearm or for a state jail
felony or a felony of the third degree, the sanction level is three;
(4) for a felony of the second degree, the sanction
level is four;
(5) for a felony of the first degree, other than a
felony involving the use of a deadly weapon or imitation firearm or
causing serious bodily injury, the sanction level is five;
(6) for a felony of the first degree involving the use
of a deadly weapon or imitation firearm or causing serious bodily
injury, for an aggravated controlled substance felony, or for a
capital felony, the sanction level is six; or
(7) for a felony of the first degree involving the use
of a deadly weapon or imitation firearm or causing serious bodily
injury, for an aggravated controlled substance felony, or for a
capital felony, if the petition has been approved by a grand jury
under Section 53.045, or if a petition to transfer the child to
criminal court has been filed under Section 54.02, the sanction
level is seven.
SECTION 35. Section 497.081(d), Government Code, is amended
to read as follows:
(d) An inmate may not be appointed to serve as a trusty for
the purposes of this subchapter if the inmate has attempted an
escape in which the inmate:
(1) used a firearm or other deadly weapon or an
imitation firearm; or
(2) wounded a guard or other person.
SECTION 36. Section 499.027(b), Government Code, is amended
to read as follows:
(b) An inmate is not eligible under this subchapter to be
considered for release to intensive supervision parole if:
(1) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense for
which the judgment contains an affirmative finding under Article
42A.054(c) or (d), Code of Criminal Procedure;
(2) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense
listed in one of the following sections of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 (manslaughter);
(D) Section 20.03 (kidnapping);
(E) Section 20.04 (aggravated kidnapping);
(F) Section 21.11 (indecency with a child);
(G) Section 22.011 (sexual assault);
(H) Section 22.02 (aggravated assault);
(I) Section 22.021 (aggravated sexual assault);
(J) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(K) Section 25.02 (prohibited sexual conduct);
(L) Section 25.08 (sale or purchase of a child);
(M) Section 28.02 (arson);
(N) Section 29.02 (robbery);
(O) Section 29.03 (aggravated robbery);
(P) Section 30.02 (burglary), if the offense is
punished as a first-degree felony under that section;
(Q) Section 43.04 (aggravated promotion of
prostitution);
(R) Section 43.05 (compelling prostitution);
(S) Section 43.24 (sale, distribution, or
display of harmful material to minor);
(T) Section 43.25 (sexual performance by a
child);
(U) Section 46.10 (deadly weapon or imitation
firearm in penal institution);
(V) Section 15.01 (criminal attempt), if the
offense attempted is listed in this subsection;
(W) Section 15.02 (criminal conspiracy), if the
offense that is the subject of the conspiracy is listed in this
subsection;
(X) Section 15.03 (criminal solicitation), if
the offense solicited is listed in this subsection;
(Y) Section 21.02 (continuous sexual abuse of
young child or children);
(Z) Section 20A.02 (trafficking of persons); or
(AA) Section 20A.03 (continuous trafficking of
persons); or
(3) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense under
Chapter 481, Health and Safety Code, punishable by a minimum term of
imprisonment or a maximum fine that is greater than the minimum term
of imprisonment or the maximum fine for a first degree felony.
SECTION 37. Section 499.053(d), Government Code, is amended
to read as follows:
(d) A person transferred from the Texas Juvenile Justice
Department or a post-adjudication secure correctional facility for
the offense of capital murder shall become eligible for parole as
provided in Section 508.145(d)(2) [508.145(d) for an offense listed
in Article 42A.054, Code of Criminal Procedure, or an offense for
which a deadly weapon finding has been made].
SECTION 38. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 39. This Act takes effect September 1, 2019.