| 1 | 1 | | 88R1952 DIO-D |
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| 2 | 2 | | By: Goodwin H.B. No. 253 |
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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 prosecution of the offense of making a firearm |
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| 8 | 8 | | accessible to a child. |
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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. Sections 46.13(a) and (b), Penal Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) In this section: |
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| 13 | 13 | | (1) "Child" means a person younger than 18 [17] years |
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| 14 | 14 | | of age. |
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| 15 | 15 | | (2) ["Readily dischargeable firearm" means a firearm |
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| 16 | 16 | | that is loaded with ammunition, whether or not a round is in the |
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| 17 | 17 | | chamber. |
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| 18 | 18 | | [(3)] "Secure" means to take steps that a reasonable |
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| 19 | 19 | | person would take to prevent the access to a [readily |
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| 20 | 20 | | dischargeable] firearm by a child, including [but not limited to] |
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| 21 | 21 | | placing a firearm in a locked container or temporarily rendering |
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| 22 | 22 | | the firearm inoperable by a trigger lock or other means. |
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| 23 | 23 | | (b) A person commits an offense if a child gains access to a |
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| 24 | 24 | | [readily dischargeable] firearm and the person with criminal |
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| 25 | 25 | | negligence: |
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| 26 | 26 | | (1) failed to secure the firearm; or |
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| 27 | 27 | | (2) left the firearm in a place to which the person |
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| 28 | 28 | | knew or should have known the child would gain access. |
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| 29 | 29 | | SECTION 2. The change in law made by this Act applies only |
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| 30 | 30 | | to an offense committed on or after the effective date of this Act. |
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| 31 | 31 | | An offense committed before the effective date of this Act is |
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| 32 | 32 | | governed by the law in effect on the date the offense was committed, |
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| 33 | 33 | | and the former law is continued in effect for that purpose. For |
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| 34 | 34 | | purposes of this section, an offense was committed before the |
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| 35 | 35 | | effective date of this Act if any element of the offense occurred |
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| 36 | 36 | | before that date. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2023. |
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