| 1 | 1 | | 87R10816 JSC-D |
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| 2 | 2 | | By: Springer S.B. No. 1974 |
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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 provisions relating to possession or carrying of a |
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| 8 | 8 | | handgun by a person who is a member of a criminal street gang. |
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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. Article 67.052, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Subsection (c) to read as follows: |
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| 12 | 12 | | (c) If any criminal information submitted under this |
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| 13 | 13 | | article relates to a person who holds a license to carry a handgun |
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| 14 | 14 | | under Subchapter H, Chapter 411, Government Code, the department |
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| 15 | 15 | | shall promptly provide to the license holder by certified mail to |
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| 16 | 16 | | the license holder's address: |
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| 17 | 17 | | (1) notification regarding the inclusion of the |
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| 18 | 18 | | license holder's information in the department's intelligence |
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| 19 | 19 | | database; and |
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| 20 | 20 | | (2) a description of the process for disputing the |
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| 21 | 21 | | inclusion of information in the database. |
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| 22 | 22 | | SECTION 2. Section 46.02(a-1), Penal Code, is amended to |
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| 23 | 23 | | read as follows: |
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| 24 | 24 | | (a-1) A person commits an offense if the person |
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| 25 | 25 | | intentionally, knowingly, or recklessly carries on or about his or |
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| 26 | 26 | | her person a handgun in a motor vehicle or watercraft that is owned |
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| 27 | 27 | | by the person or under the person's control at any time in which: |
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| 28 | 28 | | (1) the handgun is in plain view, unless the person is |
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| 29 | 29 | | licensed to carry a handgun under Subchapter H, Chapter 411, |
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| 30 | 30 | | Government Code, and the handgun is carried in a shoulder or belt |
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| 31 | 31 | | holster; or |
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| 32 | 32 | | (2) the person [is]: |
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| 33 | 33 | | (A) is engaged in criminal activity, other than a |
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| 34 | 34 | | Class C misdemeanor that is a violation of a law or ordinance |
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| 35 | 35 | | regulating traffic or boating; |
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| 36 | 36 | | (B) is prohibited by law from possessing a |
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| 37 | 37 | | firearm; or |
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| 38 | 38 | | (C) has been previously convicted of an offense |
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| 39 | 39 | | for which the judgment in the case contains an affirmative finding |
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| 40 | 40 | | under Article 42.0197, Code of Criminal Procedure [a member of a |
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| 41 | 41 | | criminal street gang, as defined by Section 71.01]. |
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| 42 | 42 | | SECTION 3. Article 67.052(c), Code of Criminal Procedure, |
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| 43 | 43 | | as added by this Act, applies only to a handgun license holder whose |
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| 44 | 44 | | criminal information is submitted on or after the effective date of |
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| 45 | 45 | | this Act to the intelligence database maintained by the Department |
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| 46 | 46 | | of Public Safety of the State of Texas. |
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| 47 | 47 | | SECTION 4. Section 46.02(a-1), Penal Code, as amended by |
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| 48 | 48 | | this Act, applies only to an offense committed on or after the |
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| 49 | 49 | | effective date of this Act. An offense committed before the |
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| 50 | 50 | | effective date of this Act is governed by the law in effect on the |
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| 51 | 51 | | date the offense was committed, and the former law is continued in |
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| 52 | 52 | | effect for that purpose. For purposes of this section, an offense |
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| 53 | 53 | | was committed before the effective date of this Act if any element |
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| 54 | 54 | | of the offense occurred before that date. |
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| 55 | 55 | | SECTION 5. This Act takes effect September 1, 2021. |
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