| 1 | 1 | | 87R2452 MAW-D |
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| 2 | 2 | | By: Blanco S.B. No. 555 |
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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 unlawful possession of a firearm by persons |
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| 8 | 8 | | convicted of offenses committed because of bias or prejudice or of |
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| 9 | 9 | | certain felony offenses; creating a criminal offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 46.04, Penal Code, is amended by adding |
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| 12 | 12 | | Subsections (a-1) and (h) and amending Subsection (e) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (a-1) A person commits an offense if the person possesses a |
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| 15 | 15 | | firearm at any time after the person has been convicted of: |
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| 16 | 16 | | (1) an offense for which the judgment contains an |
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| 17 | 17 | | affirmative finding under Article 42.014, Code of Criminal |
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| 18 | 18 | | Procedure; or |
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| 19 | 19 | | (2) a felony under: |
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| 20 | 20 | | (A) Section 19.02; |
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| 21 | 21 | | (B) Section 19.03; |
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| 22 | 22 | | (C) Chapter 20; |
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| 23 | 23 | | (D) Chapter 20A; |
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| 24 | 24 | | (E) Section 22.01; |
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| 25 | 25 | | (F) Section 22.011; |
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| 26 | 26 | | (G) Section 22.02; |
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| 27 | 27 | | (H) Section 22.021; |
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| 28 | 28 | | (I) Section 22.04; |
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| 29 | 29 | | (J) Section 22.041; |
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| 30 | 30 | | (K) Section 25.07; |
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| 31 | 31 | | (L) Section 25.071; |
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| 32 | 32 | | (M) Section 25.072; |
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| 33 | 33 | | (N) Section 29.02; |
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| 34 | 34 | | (O) Section 29.03; or |
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| 35 | 35 | | (P) Section 42.072. |
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| 36 | 36 | | (e) An offense under Subsection (a) or (a-1) is a felony of |
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| 37 | 37 | | the third degree. An offense under Subsection (b) or (c) is a Class |
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| 38 | 38 | | A misdemeanor. |
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| 39 | 39 | | (h) If conduct that constitutes an offense under Subsection |
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| 40 | 40 | | (a-1) also constitutes an offense under Subsection (a), the actor |
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| 41 | 41 | | may be prosecuted under Subsection (a) or (a-1), but not both. If |
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| 42 | 42 | | conduct that constitutes an offense under Subsection (a-1) also |
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| 43 | 43 | | constitutes an offense under Subsection (b), the actor may be |
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| 44 | 44 | | prosecuted under Subsection (a-1) or (b), but not both. |
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| 45 | 45 | | SECTION 2. The change in law made by this Act applies only |
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| 46 | 46 | | to an offense committed on or after the effective date of this Act. |
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| 47 | 47 | | An offense committed before the effective date of this Act is |
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| 48 | 48 | | governed by the law in effect on the date the offense was committed, |
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| 49 | 49 | | and the former law is continued in effect for that purpose. For |
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| 50 | 50 | | purposes of this section, an offense was committed before the |
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| 51 | 51 | | effective date of this Act if any element of the offense occurred |
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| 52 | 52 | | before that date. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2021. |
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