| 1 | 1 | | 86R5103 TSS-F |
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| 2 | 2 | | By: Menéndez S.B. No. 1172 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the locations in which a person may carry a firearm, the |
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| 8 | 8 | | seizure of a firearm by law enforcement on arrest, and interactions |
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| 9 | 9 | | between law enforcement and a handgun license holder; creating |
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| 10 | 10 | | criminal offenses. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 18, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by adding Article 18.096 to read as follows: |
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| 14 | 14 | | Art. 18.096. SEIZURE OF FIREARM. (a) If a peace officer |
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| 15 | 15 | | arrests a person who is carrying a firearm, the officer shall disarm |
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| 16 | 16 | | the person and seize the firearm as evidence. |
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| 17 | 17 | | (b) If the seized firearm is a handgun and the person holds a |
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| 18 | 18 | | license to carry a handgun issued under Subchapter H, Chapter 411, |
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| 19 | 19 | | Government Code, the officer shall seize the person's handgun |
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| 20 | 20 | | license under Section 411.206, Government Code. |
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| 21 | 21 | | SECTION 2. Article 18.19(a), Code of Criminal Procedure, is |
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| 22 | 22 | | amended to read as follows: |
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| 23 | 23 | | (a) Weapons seized in connection with an offense involving |
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| 24 | 24 | | the use of a weapon or an offense under Chapter 46, Penal Code, or on |
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| 25 | 25 | | arrest pursuant to Article 18.096 [Chapter 46] shall be held by the |
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| 26 | 26 | | law enforcement agency making the seizure, subject to the following |
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| 27 | 27 | | provisions, unless: |
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| 28 | 28 | | (1) the weapon is a prohibited weapon identified in |
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| 29 | 29 | | Chapter 46, Penal Code, [Chapter 46,] in which event Article 18.18 |
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| 30 | 30 | | of this code applies; or |
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| 31 | 31 | | (2) the weapon is alleged to be stolen property, in |
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| 32 | 32 | | which event Chapter 47 of this code applies. |
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| 33 | 33 | | SECTION 3. Section 411.205, Government Code, is amended to |
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| 34 | 34 | | read as follows: |
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| 35 | 35 | | Sec. 411.205. FAILURE [REQUIREMENT] TO DISPLAY LICENSE. |
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| 36 | 36 | | (a) A [If a] license holder commits an offense if while [is] |
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| 37 | 37 | | carrying a handgun on or about the license holder's person, [when] a |
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| 38 | 38 | | magistrate or a peace officer demands that the license holder |
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| 39 | 39 | | display identification and[,] the license holder fails to [shall] |
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| 40 | 40 | | display both the license holder's driver's license or |
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| 41 | 41 | | identification certificate issued by the department and the license |
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| 42 | 42 | | holder's handgun license. |
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| 43 | 43 | | (b) An offense under this section is a Class B misdemeanor. |
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| 44 | 44 | | SECTION 4. Section 46.03, Penal Code, is amended by adding |
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| 45 | 45 | | Subsection (a-2) to read as follows: |
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| 46 | 46 | | (a-2) A person commits an offense if the person |
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| 47 | 47 | | intentionally, knowingly, or recklessly possesses or goes with a |
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| 48 | 48 | | firearm on the physical premises of a police station or other |
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| 49 | 49 | | building that is a place of operation for a law enforcement agency, |
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| 50 | 50 | | including a county sheriff's department, unless the person |
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| 51 | 51 | | possesses or goes with a handgun that the person is licensed to |
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| 52 | 52 | | carry under Subchapter H, Chapter 411, Government Code. |
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| 53 | 53 | | SECTION 5. Article 18.096, Code of Criminal Procedure, as |
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| 54 | 54 | | added by this Act, applies to an arrest that occurs on or after the |
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| 55 | 55 | | effective date of this Act, regardless of whether the offense for |
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| 56 | 56 | | which the person was arrested was committed before, on, or after |
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| 57 | 57 | | that date. |
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| 58 | 58 | | SECTION 6. Sections 411.205, Government Code, and 46.03, |
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| 59 | 59 | | Penal Code, as amended by this Act, apply only to an offense |
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| 60 | 60 | | committed on or after the effective date of this Act. An offense |
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| 61 | 61 | | committed before the effective date of this Act is governed by the |
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| 62 | 62 | | law in effect on the date the offense was committed, and the former |
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| 63 | 63 | | law is continued in effect for that purpose. For purposes of this |
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| 64 | 64 | | section, an offense was committed before the effective date of this |
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| 65 | 65 | | Act if any element of the offense was committed before that date. |
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| 66 | 66 | | SECTION 7. This Act takes effect September 1, 2019. |
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