88R13660 SHH-F
By: Reynolds H.B. No. 3435
A BILL TO BE ENTITLED
AN ACT
relating to creating the criminal offense of making a firearm
accessible to a detained person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 46, Penal Code, is amended by adding
Section 46.131 to read as follows:
Sec. 46.131. MAKING A FIREARM ACCESSIBLE TO A DETAINED
PERSON. (a) In this section:
(1) "Detained person" means a person who is detained
in a mental health facility or hospital after being apprehended by a
peace officer under Section 573.001, Health and Safety Code.
(2) "Readily dischargeable firearm" has the meaning
assigned by Section 46.13.
(3) "Secure" means to take steps that a reasonable
person would take to prevent the access to a readily dischargeable
firearm by a detained person, including placing a firearm in a
locked container or temporarily rendering the firearm inoperable by
a trigger lock or other means.
(b) A person commits an offense if a detained person gains
access to a readily dischargeable firearm and the person with
criminal negligence:
(1) failed to secure the firearm; or
(2) left the firearm in a place to which the person
knew or should have known the detained person would gain access.
(c) It is an affirmative defense to prosecution under this
section that the detained person's access to the firearm was gained
by entering property in violation of this code.
(d) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) a state jail felony if the detained person
discharges the firearm;
(2) a felony of the third degree if the detained
person:
(A) discharges the firearm and causes bodily
injury to any individual, including the detained person; or
(B) threatens another individual with imminent
bodily injury while displaying the firearm; or
(3) a felony of the second degree if the detained
person discharges the firearm and causes death or serious bodily
injury to any individual, including the detained person.
SECTION 2. This Act takes effect September 1, 2023.