Texas 2023 - 88th Regular

Texas House Bill HB2277 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3507 SHH-D
2	2	By: Anchía H.B. No. 2277
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; or
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.
28	28	(a-1) A person commits an offense if the person:
29	29	(1) [(2)] intentionally or knowingly sells, rents,
30	30	leases, or gives or offers to sell, rent, lease, or give to any
31	31	child younger than 18 years of age any firearm, club, or
32	32	location-restricted knife;
33	33	(2) [(3)] intentionally, knowingly, or recklessly
34	34	sells a firearm or ammunition for a firearm to any person who is
35	35	intoxicated;
36	36	(3) [(4)] knowingly sells a firearm or ammunition for
37	37	a firearm to any person who has been convicted of a felony before
38	38	the fifth anniversary of the later of the following dates:
39	39	(A) the person's release from confinement
40	40	following conviction of the felony; or
41	41	(B) the person's release from supervision under
42	42	community supervision, parole, or mandatory supervision following
43	43	conviction of the felony;
44	44	(4) [(5)] sells, rents, leases, loans, or gives a
45	45	handgun to any person knowing that an active protective order is
46	46	directed to the person to whom the handgun is to be delivered;
47	47	(5) [(6)] knowingly purchases, rents, leases, or
48	48	receives as a loan or gift from another a handgun while an active
49	49	protective order is directed to the actor; or
50	50	(6) [(7)] while prohibited from possessing a firearm
51	51	under state or federal law, knowingly makes a material false
52	52	statement on a form that is:
53	53	(A) required by state or federal law for the
54	54	purchase, sale, or other transfer of a firearm; and
55	55	(B) submitted to a [licensed] firearms dealer
56	56	licensed under [, as defined by] 18 U.S.C. Section 923.
57	57	(c) It is an affirmative defense to prosecution under
58	58	Subsection (a-1)(1) [(a)(2)] that the transfer was to a minor whose
59	59	parent or the person having legal custody of the minor had given
60	60	written permission for the sale or, if the transfer was other than a
61	61	sale, the parent or person having legal custody had given effective
62	62	consent.
63	63	(c-1) The renunciation defense described by Section
64	64	15.04(a) is available as an affirmative defense to prosecution of
65	65	an attempted purchase under Subsection (a)(2).
66	66	(d) An offense under Subsection (a) is a felony of the third
67	67	degree.
68	68	(e) An offense under Subsection (a-1) [this section] is a
69	69	Class A misdemeanor, except that:
70	70	(1) an offense under Subsection (a-1)(1) [(a)(2)] is a
71	71	state jail felony if the weapon that is the subject of the offense
72	72	is a handgun; and
73	73	(2) an offense under Subsection (a-1)(6) [(a)(7)] is a
74	74	state jail felony.
75	75	(f) To the extent of any conflict between this section and a
76	76	federal law related to the unlawful transfer or purchase of
77	77	weapons, the federal law prevails.
78	78	SECTION 3. Article 59.01(2), Code of Criminal Procedure, is
79	79	amended to read as follows:
80	80	(2) "Contraband" means property of any nature,
81	81	including real, personal, tangible, or intangible, that is:
82	82	(A) used in the commission of:
83	83	(i) any first or second degree felony under
84	84	the Penal Code;
85	85	(ii) any felony under Section 15.031(b),
86	86	21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal
87	87	Code;
88	88	(iii) any felony under Chapter 43, Penal
89	89	Code, except as provided by Paragraph (B);
90	90	(iv) any felony under The Securities Act
91	91	(Title 12, Government Code); or
92	92	(v) any offense under Chapter 49, Penal
93	93	Code, that is punishable as a felony of the third degree or state
94	94	jail felony, if the defendant has been previously convicted three
95	95	times of an offense under that chapter;
96	96	(B) used or intended to be used in the commission
97	97	of:
98	98	(i) any felony under Chapter 481, Health
99	99	and Safety Code (Texas Controlled Substances Act);
100	100	(ii) any felony under Chapter 483, Health
101	101	and Safety Code;
102	102	(iii) a felony under Chapter 151, Finance
103	103	Code;
104	104	(iv) any felony under Chapter 20A or 34,
105	105	Penal Code;
106	106	(v) a Class A misdemeanor under Subchapter
107	107	B, Chapter 365, Health and Safety Code, if the defendant has been
108	108	previously convicted twice of an offense under that subchapter;
109	109	(vi) any felony under Chapter 32, Human
110	110	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
111	111	involves a health care program, as defined by Section 35A.01, Penal
112	112	Code;
113	113	(vii) a Class B misdemeanor under Chapter
114	114	522, Business & Commerce Code;
115	115	(viii) a Class A misdemeanor under Section
116	116	306.051, Business & Commerce Code;
117	117	(ix) any offense under Section 42.10, Penal
118	118	Code;
119	119	(x) any offense under Section 46.06(a)
120	120	[46.06(a)(1)] or 46.14, Penal Code;
121	121	(xi) any offense under Chapter 71, Penal
122	122	Code;
123	123	(xii) any offense under Section 20.05,
124	124	20.06, 20.07, 43.04, or 43.05, Penal Code;
125	125	(xiii) an offense under Section 326.002,
126	126	Business & Commerce Code; or
127	127	(xiv) a Class A misdemeanor or any felony
128	128	under Section 545.420, Transportation Code, other than a Class A
129	129	misdemeanor that is classified as a Class A misdemeanor based
130	130	solely on conduct constituting a violation of Subsection (e)(2)(B)
131	131	of that section;
132	132	(C) the proceeds gained from the commission of a
133	133	felony listed in Paragraph (A) or (B) of this subdivision, a
134	134	misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii)
135	135	of this subdivision, or a crime of violence;
136	136	(D) acquired with proceeds gained from the
137	137	commission of a felony listed in Paragraph (A) or (B) of this
138	138	subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
139	139	(xi), or (xii) of this subdivision, or a crime of violence;
140	140	(E) used to facilitate or intended to be used to
141	141	facilitate the commission of a felony under Section 15.031 or
142	142	Chapter 43, Penal Code; or
143	143	(F) used to facilitate or intended to be used to
144	144	facilitate the commission of an offense under Section 20.05, 20.06,
145	145	or 20.07 or Chapter 20A, Penal Code.
146	146	SECTION 4. Section 71.02(a), Penal Code, is amended to read
147	147	as follows:
148	148	(a) A person commits an offense if, with the intent to
149	149	establish, maintain, or participate in a combination or in the
150	150	profits of a combination or as a member of a criminal street gang,
151	151	the person commits or conspires to commit one or more of the
152	152	following:
153	153	(1) murder, capital murder, arson, aggravated
154	154	robbery, robbery, burglary, theft, aggravated kidnapping,
155	155	kidnapping, aggravated assault, aggravated sexual assault, sexual
156	156	assault, continuous sexual abuse of young child or disabled
157	157	individual, solicitation of a minor, forgery, deadly conduct,
158	158	assault punishable as a Class A misdemeanor, burglary of a motor
159	159	vehicle, or unauthorized use of a motor vehicle;
160	160	(2) any gambling offense punishable as a Class A
161	161	misdemeanor;
162	162	(3) promotion of prostitution, aggravated promotion
163	163	of prostitution, or compelling prostitution;
164	164	(4) unlawful manufacture, transportation, repair, or
165	165	sale of firearms or prohibited weapons;
166	166	(5) unlawful manufacture, delivery, dispensation, or
167	167	distribution of a controlled substance or dangerous drug, or
168	168	unlawful possession of a controlled substance or dangerous drug
169	169	through forgery, fraud, misrepresentation, or deception;
170	170	(5-a) causing the unlawful delivery, dispensation, or
171	171	distribution of a controlled substance or dangerous drug in
172	172	violation of Subtitle B, Title 3, Occupations Code;
173	173	(6) any unlawful wholesale promotion or possession of
174	174	any obscene material or obscene device with the intent to wholesale
175	175	promote the same;
176	176	(7) any offense under Subchapter B, Chapter 43,
177	177	depicting or involving conduct by or directed toward a child
178	178	younger than 18 years of age;
179	179	(8) any felony offense under Chapter 32;
180	180	(9) any offense under Chapter 36;
181	181	(10) any offense under Chapter 34, 35, or 35A;
182	182	(11) any offense under Section 37.11(a);
183	183	(12) any offense under Chapter 20A;
184	184	(13) any offense under Section 37.10;
185	185	(14) any offense under Section 38.06, 38.07, 38.09, or
186	186	38.11;
187	187	(15) any offense under Section 42.10;
188	188	(16) any offense under Section 46.06(a) [46.06(a)(1)]
189	189	or 46.14;
190	190	(17) any offense under Section 20.05 or 20.06;
191	191	(18) any offense under Section 16.02; or
192	192	(19) any offense classified as a felony under the Tax
193	193	Code.
194	194	SECTION 5. The change in law made by this Act applies only
195	195	to an offense committed on or after the effective date of this
196	196	Act. An offense committed before the effective date of this Act is
197	197	governed by the law in effect on the date the offense was committed,
198	198	and the former law is continued in effect for that purpose. For
199	199	purposes of this section, an offense was committed before the
200	200	effective date of this Act if any element of the offense occurred
201	201	before that date.
202	202	SECTION 6. This Act takes effect September 1, 2023.