Texas 2019 - 86th Regular

Texas Senate Bill SB388 Compare Versions

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

Old	New	Differences
1	1	86R3459 MAW-D
2	2	By: West S.B. No. 388
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 of age any firearm, club, or
36	36	location-restricted knife;
37	37	(2) [(3)] intentionally, knowingly, or recklessly
38	38	sells a firearm or ammunition for a firearm to any person who is
39	39	intoxicated;
40	40	(3) [(4)] knowingly sells a firearm or ammunition for
41	41	a firearm to any person who has been convicted of a felony before
42	42	the fifth anniversary of the later of the following dates:
43	43	(A) the person's release from confinement
44	44	following conviction of the felony; or
45	45	(B) the person's release from supervision under
46	46	community supervision, parole, or mandatory supervision following
47	47	conviction of the felony;
48	48	(4) [(5)] sells, rents, leases, loans, or gives a
49	49	handgun to any person knowing that an active protective order is
50	50	directed to the person to whom the handgun is to be delivered; or
51	51	(5) [(6)] knowingly purchases, rents, leases, or
52	52	receives as a loan or gift from another a handgun while an active
53	53	protective order is directed to the actor.
54	54	(c) It is an affirmative defense to prosecution under
55	55	Subsection (a-1)(1) [(a)(2)] that the transfer was to a minor whose
56	56	parent or the person having legal custody of the minor had given
57	57	written permission for the sale or, if the transfer was other than a
58	58	sale, the parent or person having legal custody had given effective
59	59	consent.
60	60	(c-1) The renunciation defense described by Section
61	61	15.04(a) is available as an affirmative defense to prosecution of
62	62	an attempted purchase under Subsection (a)(2).
63	63	(d) An offense under Subsection (a) is a felony of the third
64	64	degree.
65	65	(e) An offense under Subsection (a-1) [this section] is a
66	66	Class A misdemeanor, except that an offense under Subsection
67	67	(a-1)(1) [(a)(2)] is a state jail felony if the weapon that is the
68	68	subject of the offense is a handgun.
69	69	(f) To the extent of any conflict between this section and a
70	70	federal law related to the unlawful transfer or purchase of
71	71	weapons, the federal law prevails.
72	72	SECTION 3. Article 59.01(2), Code of Criminal Procedure, is
73	73	amended to read as follows:
74	74	(2) "Contraband" means property of any nature,
75	75	including real, personal, tangible, or intangible, that is:
76	76	(A) used in the commission of:
77	77	(i) any first or second degree felony under
78	78	the Penal Code;
79	79	(ii) any felony under Section 15.031(b),
80	80	20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33,
81	81	33A, or 35, Penal Code;
82	82	(iii) any felony under The Securities Act
83	83	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
84	84	(iv) any offense under Chapter 49, Penal
85	85	Code, that is punishable as a felony of the third degree or state
86	86	jail felony, if the defendant has been previously convicted three
87	87	times of an offense under that chapter;
88	88	(B) used or intended to be used in the commission
89	89	of:
90	90	(i) any felony under Chapter 481, Health
91	91	and Safety Code (Texas Controlled Substances Act);
92	92	(ii) any felony under Chapter 483, Health
93	93	and Safety Code;
94	94	(iii) a felony under Chapter 151, Finance
95	95	Code;
96	96	(iv) any felony under Chapter 34, Penal
97	97	Code;
98	98	(v) a Class A misdemeanor under Subchapter
99	99	B, Chapter 365, Health and Safety Code, if the defendant has been
100	100	previously convicted twice of an offense under that subchapter;
101	101	(vi) any felony under Chapter 32, Human
102	102	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
103	103	involves the state Medicaid program;
104	104	(vii) a Class B misdemeanor under Chapter
105	105	522, Business & Commerce Code;
106	106	(viii) a Class A misdemeanor under Section
107	107	306.051, Business & Commerce Code;
108	108	(ix) any offense under Section 42.10, Penal
109	109	Code;
110	110	(x) any offense under Section 46.06(a)
111	111	[46.06(a)(1)] or 46.14, Penal Code;
112	112	(xi) any offense under Chapter 71, Penal
113	113	Code;
114	114	(xii) any offense under Section 20.05 or
115	115	20.06, Penal Code; or
116	116	(xiii) an offense under Section 326.002,
117	117	Business & Commerce Code;
118	118	(C) the proceeds gained from the commission of a
119	119	felony listed in Paragraph (A) or (B) of this subdivision, a
120	120	misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of
121	121	this subdivision, or a crime of violence;
122	122	(D) acquired with proceeds gained from the
123	123	commission of a felony listed in Paragraph (A) or (B) of this
124	124	subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
125	125	or (xi) of this subdivision, or a crime of violence;
126	126	(E) used to facilitate or intended to be used to
127	127	facilitate the commission of a felony under Section 15.031 or
128	128	43.25, Penal Code; or
129	129	(F) used to facilitate or intended to be used to
130	130	facilitate the commission of a felony under Section 20A.02 or
131	131	Chapter 43, Penal Code.
132	132	SECTION 4. Section 71.02(a), Penal Code, is amended to read
133	133	as follows:
134	134	(a) A person commits an offense if, with the intent to
135	135	establish, maintain, or participate in a combination or in the
136	136	profits of a combination or as a member of a criminal street gang,
137	137	the person commits or conspires to commit one or more of the
138	138	following:
139	139	(1) murder, capital murder, arson, aggravated
140	140	robbery, robbery, burglary, theft, aggravated kidnapping,
141	141	kidnapping, aggravated assault, aggravated sexual assault, sexual
142	142	assault, continuous sexual abuse of young child or children,
143	143	solicitation of a minor, forgery, deadly conduct, assault
144	144	punishable as a Class A misdemeanor, burglary of a motor vehicle, or
145	145	unauthorized use of a motor vehicle;
146	146	(2) any gambling offense punishable as a Class A
147	147	misdemeanor;
148	148	(3) promotion of prostitution, aggravated promotion
149	149	of prostitution, or compelling prostitution;
150	150	(4) unlawful manufacture, transportation, repair, or
151	151	sale of firearms or prohibited weapons;
152	152	(5) unlawful manufacture, delivery, dispensation, or
153	153	distribution of a controlled substance or dangerous drug, or
154	154	unlawful possession of a controlled substance or dangerous drug
155	155	through forgery, fraud, misrepresentation, or deception;
156	156	(5-a) causing the unlawful delivery, dispensation, or
157	157	distribution of a controlled substance or dangerous drug in
158	158	violation of Subtitle B, Title 3, Occupations Code;
159	159	(6) any unlawful wholesale promotion or possession of
160	160	any obscene material or obscene device with the intent to wholesale
161	161	promote the same;
162	162	(7) any offense under Subchapter B, Chapter 43,
163	163	depicting or involving conduct by or directed toward a child
164	164	younger than 18 years of age;
165	165	(8) any felony offense under Chapter 32;
166	166	(9) any offense under Chapter 36;
167	167	(10) any offense under Chapter 34, 35, or 35A;
168	168	(11) any offense under Section 37.11(a);
169	169	(12) any offense under Chapter 20A;
170	170	(13) any offense under Section 37.10;
171	171	(14) any offense under Section 38.06, 38.07, 38.09, or
172	172	38.11;
173	173	(15) any offense under Section 42.10;
174	174	(16) any offense under Section 46.06(a) [46.06(a)(1)]
175	175	or 46.14;
176	176	(17) any offense under Section 20.05 or 20.06; or
177	177	(18) any offense classified as a felony under the Tax
178	178	Code.
179	179	SECTION 5. The change in law made by this Act applies only
180	180	to an offense committed on or after the effective date of this Act.
181	181	An offense committed before the effective date of this Act is
182	182	governed by the law in effect on the date the offense was committed,
183	183	and the former law is continued in effect for that purpose. For
184	184	purposes of this section, an offense was committed before the
185	185	effective date of this Act if any element of the offense occurred
186	186	before that date.
187	187	SECTION 6. This Act takes effect September 1, 2019.