Texas 2021 - 87th Regular

Texas Senate Bill SB641 Compare Versions

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

Old	New	Differences
1	1	87R3020 MAW-D
2	2	By: West, Blanco S.B. No. 641
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. (a) Article 59.01(2), Code of Criminal
73	73	Procedure, as effective until January 1, 2022, is amended to read as
74	74	follows:
75	75	(2) "Contraband" means property of any nature,
76	76	including real, personal, tangible, or intangible, that is:
77	77	(A) used in the commission of:
78	78	(i) any first or second degree felony under
79	79	the Penal Code;
80	80	(ii) any felony under Section 15.031(b),
81	81	21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal
82	82	Code;
83	83	(iii) any felony under Chapter 43, Penal
84	84	Code, except as provided by Paragraph (B);
85	85	(iv) any felony under The Securities Act
86	86	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
87	87	(v) any offense under Chapter 49, Penal
88	88	Code, that is punishable as a felony of the third degree or state
89	89	jail felony, if the defendant has been previously convicted three
90	90	times of an offense under that chapter;
91	91	(B) used or intended to be used in the commission
92	92	of:
93	93	(i) any felony under Chapter 481, Health
94	94	and Safety Code (Texas Controlled Substances Act);
95	95	(ii) any felony under Chapter 483, Health
96	96	and Safety Code;
97	97	(iii) a felony under Chapter 151, Finance
98	98	Code;
99	99	(iv) any felony under Chapter 20A or 34,
100	100	Penal Code;
101	101	(v) a Class A misdemeanor under Subchapter
102	102	B, Chapter 365, Health and Safety Code, if the defendant has been
103	103	previously convicted twice of an offense under that subchapter;
104	104	(vi) any felony under Chapter 32, Human
105	105	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
106	106	involves a health care program, as defined by Section 35A.01, Penal
107	107	Code;
108	108	(vii) a Class B misdemeanor under Chapter
109	109	522, Business & Commerce Code;
110	110	(viii) a Class A misdemeanor under Section
111	111	306.051, Business & Commerce Code;
112	112	(ix) any offense under Section 42.10, Penal
113	113	Code;
114	114	(x) any offense under Section 46.06(a)
115	115	[46.06(a)(1)] or 46.14, Penal Code;
116	116	(xi) any offense under Chapter 71, Penal
117	117	Code;
118	118	(xii) any offense under Section 20.05,
119	119	20.06, 20.07, 43.04, or 43.05, Penal Code; or
120	120	(xiii) an offense under Section 326.002,
121	121	Business & Commerce Code;
122	122	(C) the proceeds gained from the commission of a
123	123	felony listed in Paragraph (A) or (B) of this subdivision, a
124	124	misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii)
125	125	of this subdivision, or a crime of violence;
126	126	(D) acquired with proceeds gained from the
127	127	commission of a felony listed in Paragraph (A) or (B) of this
128	128	subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
129	129	(xi), or (xii) of this subdivision, or a crime of violence;
130	130	(E) used to facilitate or intended to be used to
131	131	facilitate the commission of a felony under Section 15.031 or
132	132	Chapter 43, Penal Code; or
133	133	(F) used to facilitate or intended to be used to
134	134	facilitate the commission of an offense under Section 20.05, 20.06,
135	135	or 20.07 or Chapter 20A, Penal Code.
136	136	(b) Article 59.01(2), Code of Criminal Procedure, as
137	137	effective on January 1, 2022, is amended to read as follows:
138	138	(2) "Contraband" means property of any nature,
139	139	including real, personal, tangible, or intangible, that is:
140	140	(A) used in the commission of:
141	141	(i) any first or second degree felony under
142	142	the Penal Code;
143	143	(ii) any felony under Section 15.031(b),
144	144	21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal
145	145	Code;
146	146	(iii) any felony under Chapter 43, Penal
147	147	Code, except as provided by Paragraph (B);
148	148	(iv) any felony under The Securities Act
149	149	(Title 12, Government Code); or
150	150	(v) any offense under Chapter 49, Penal
151	151	Code, that is punishable as a felony of the third degree or state
152	152	jail felony, if the defendant has been previously convicted three
153	153	times of an offense under that chapter;
154	154	(B) used or intended to be used in the commission
155	155	of:
156	156	(i) any felony under Chapter 481, Health
157	157	and Safety Code (Texas Controlled Substances Act);
158	158	(ii) any felony under Chapter 483, Health
159	159	and Safety Code;
160	160	(iii) a felony under Chapter 151, Finance
161	161	Code;
162	162	(iv) any felony under Chapter 20A or 34,
163	163	Penal Code;
164	164	(v) a Class A misdemeanor under Subchapter
165	165	B, Chapter 365, Health and Safety Code, if the defendant has been
166	166	previously convicted twice of an offense under that subchapter;
167	167	(vi) any felony under Chapter 32, Human
168	168	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
169	169	involves a health care program, as defined by Section 35A.01, Penal
170	170	Code;
171	171	(vii) a Class B misdemeanor under Chapter
172	172	522, Business & Commerce Code;
173	173	(viii) a Class A misdemeanor under Section
174	174	306.051, Business & Commerce Code;
175	175	(ix) any offense under Section 42.10, Penal
176	176	Code;
177	177	(x) any offense under Section 46.06(a)
178	178	[46.06(a)(1)] or 46.14, Penal Code;
179	179	(xi) any offense under Chapter 71, Penal
180	180	Code;
181	181	(xii) any offense under Section 20.05,
182	182	20.06, 20.07, 43.04, or 43.05, Penal Code; or
183	183	(xiii) an offense under Section 326.002,
184	184	Business & Commerce Code;
185	185	(C) the proceeds gained from the commission of a
186	186	felony listed in Paragraph (A) or (B) of this subdivision, a
187	187	misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii)
188	188	of this subdivision, or a crime of violence;
189	189	(D) acquired with proceeds gained from the
190	190	commission of a felony listed in Paragraph (A) or (B) of this
191	191	subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
192	192	(xi), or (xii) of this subdivision, or a crime of violence;
193	193	(E) used to facilitate or intended to be used to
194	194	facilitate the commission of a felony under Section 15.031 or
195	195	Chapter 43, Penal Code; or
196	196	(F) used to facilitate or intended to be used to
197	197	facilitate the commission of an offense under Section 20.05, 20.06,
198	198	or 20.07 or Chapter 20A, Penal Code.
199	199	SECTION 4. Section 71.02(a), Penal Code, is amended to read
200	200	as follows:
201	201	(a) A person commits an offense if, with the intent to
202	202	establish, maintain, or participate in a combination or in the
203	203	profits of a combination or as a member of a criminal street gang,
204	204	the person commits or conspires to commit one or more of the
205	205	following:
206	206	(1) murder, capital murder, arson, aggravated
207	207	robbery, robbery, burglary, theft, aggravated kidnapping,
208	208	kidnapping, aggravated assault, aggravated sexual assault, sexual
209	209	assault, continuous sexual abuse of young child or children,
210	210	solicitation of a minor, forgery, deadly conduct, assault
211	211	punishable as a Class A misdemeanor, burglary of a motor vehicle, or
212	212	unauthorized use of a motor vehicle;
213	213	(2) any gambling offense punishable as a Class A
214	214	misdemeanor;
215	215	(3) promotion of prostitution, aggravated promotion
216	216	of prostitution, or compelling prostitution;
217	217	(4) unlawful manufacture, transportation, repair, or
218	218	sale of firearms or prohibited weapons;
219	219	(5) unlawful manufacture, delivery, dispensation, or
220	220	distribution of a controlled substance or dangerous drug, or
221	221	unlawful possession of a controlled substance or dangerous drug
222	222	through forgery, fraud, misrepresentation, or deception;
223	223	(5-a) causing the unlawful delivery, dispensation, or
224	224	distribution of a controlled substance or dangerous drug in
225	225	violation of Subtitle B, Title 3, Occupations Code;
226	226	(6) any unlawful wholesale promotion or possession of
227	227	any obscene material or obscene device with the intent to wholesale
228	228	promote the same;
229	229	(7) any offense under Subchapter B, Chapter 43,
230	230	depicting or involving conduct by or directed toward a child
231	231	younger than 18 years of age;
232	232	(8) any felony offense under Chapter 32;
233	233	(9) any offense under Chapter 36;
234	234	(10) any offense under Chapter 34, 35, or 35A;
235	235	(11) any offense under Section 37.11(a);
236	236	(12) any offense under Chapter 20A;
237	237	(13) any offense under Section 37.10;
238	238	(14) any offense under Section 38.06, 38.07, 38.09, or
239	239	38.11;
240	240	(15) any offense under Section 42.10;
241	241	(16) any offense under Section 46.06(a) [46.06(a)(1)]
242	242	or 46.14;
243	243	(17) any offense under Section 20.05 or 20.06;
244	244	(18) any offense under Section 16.02; or
245	245	(19) any offense classified as a felony under the Tax
246	246	Code.
247	247	SECTION 5. The change in law made by this Act applies only
248	248	to an offense committed on or after the effective date of this Act.
249	249	An offense committed before the effective date of this Act is
250	250	governed by the law in effect on the date the offense was committed,
251	251	and the former law is continued in effect for that purpose. For
252	252	purposes of this section, an offense was committed before the
253	253	effective date of this Act if any element of the offense occurred
254	254	before that date.
255	255	SECTION 6. This Act takes effect September 1, 2021.