88R3678 SHH-D
By: Moody H.B. No. 1399
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of making a firearm
accessible to a child; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.13(a)(1), Penal Code, is amended to
read as follows:
(1) "Child" means a person younger than 18 [17] years
of age.
SECTION 2. Section 46.13, Penal Code, is amended by
amending Subsections (c), (d), and (e) and adding Subsections (c-1)
and (e-1) to read as follows:
(c) It is an affirmative defense to prosecution under this
section that the child's access to the firearm:
(1) [was supervised by a person older than 18 years of
age and was for hunting, sporting, or other lawful purposes;
[(2)] consisted of lawful defense by the child of
people or property;
(2) [(3)] was gained by entering property in violation
of this code; or
(3) [(4)] occurred during a time when the actor was
engaged in an agricultural enterprise.
(c-1) It is an exception to the application of this section
that the child's access to the firearm was:
(1) authorized by the child's parent or guardian; and
(2) for hunting, sporting, or other lawful purposes.
(d) Except as provided by Subsections [Subsection] (e) and
(e-1), an offense under this section is a Class C misdemeanor.
(e) An offense under this section is a Class A misdemeanor
if the child discharges the firearm and causes death or serious
bodily injury to the child [himself] or another person who resides
with the child.
(e-1) An offense under this section is a felony of the third
degree if the child discharges the firearm and causes death or
serious bodily injury to another person who does not reside with the
child.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2023.