| 1 | 1 | | 87R2541 JCG-D |
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| 2 | 2 | | By: Martinez H.B. No. 670 |
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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 prohibiting the reckless discharge of a firearm; |
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| 8 | 8 | | creating a criminal offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 22, Penal Code, is amended by adding |
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| 11 | 11 | | Section 22.055 to read as follows: |
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| 12 | 12 | | Sec. 22.055. RECKLESS DISCHARGE OF FIREARM. (a) In this |
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| 13 | 13 | | section: |
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| 14 | 14 | | (1) "Blanks" means ammunition for a firearm that lacks |
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| 15 | 15 | | shot or a bullet. |
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| 16 | 16 | | (2) "Hunting" means to hunt, as defined by Section |
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| 17 | 17 | | 1.101, Parks and Wildlife Code. |
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| 18 | 18 | | (b) A person commits an offense if the person knowingly |
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| 19 | 19 | | discharges a firearm and at the time of discharge: |
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| 20 | 20 | | (1) is reckless as to whether the firearm was aimed at |
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| 21 | 21 | | the person's intended target; or |
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| 22 | 22 | | (2) did not have an intended target. |
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| 23 | 23 | | (c) An offense under this section is a Class A misdemeanor, |
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| 24 | 24 | | except that the offense is a felony of the second degree if it is |
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| 25 | 25 | | shown on the trial of the offense that serious bodily injury or |
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| 26 | 26 | | death was suffered by any person by reason of the commission of the |
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| 27 | 27 | | offense. |
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| 28 | 28 | | (d) It is a defense to prosecution under this section that |
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| 29 | 29 | | the person discharged the firearm: |
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| 30 | 30 | | (1) at a sport shooting range, as defined by Section |
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| 31 | 31 | | 250.001, Local Government Code; |
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| 32 | 32 | | (2) while hunting as licensed, permitted, or otherwise |
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| 33 | 33 | | authorized by the Parks and Wildlife Department; |
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| 34 | 34 | | (3) while the firearm was loaded with blanks; or |
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| 35 | 35 | | (4) while in the course of making a motion picture or |
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| 36 | 36 | | television or digital production for which the Texas Film |
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| 37 | 37 | | Commission or a political subdivision of this state has issued a |
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| 38 | 38 | | permit. |
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| 39 | 39 | | (e) If conduct that constitutes an offense under this |
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| 40 | 40 | | section also constitutes an offense under another section of this |
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| 41 | 41 | | code, the actor may be prosecuted under this section or the other |
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| 42 | 42 | | section of this code. |
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| 43 | 43 | | SECTION 2. This Act takes effect September 1, 2021. |
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