| 1 | 1 | | 88R13660 SHH-F |
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| 2 | 2 | | By: Reynolds H.B. No. 3435 |
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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 creating the criminal offense of making a firearm |
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| 8 | 8 | | accessible to a detained person. |
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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. Chapter 46, Penal Code, is amended by adding |
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| 11 | 11 | | Section 46.131 to read as follows: |
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| 12 | 12 | | Sec. 46.131. MAKING A FIREARM ACCESSIBLE TO A DETAINED |
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| 13 | 13 | | PERSON. (a) In this section: |
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| 14 | 14 | | (1) "Detained person" means a person who is detained |
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| 15 | 15 | | in a mental health facility or hospital after being apprehended by a |
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| 16 | 16 | | peace officer under Section 573.001, Health and Safety Code. |
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| 17 | 17 | | (2) "Readily dischargeable firearm" has the meaning |
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| 18 | 18 | | assigned by Section 46.13. |
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| 19 | 19 | | (3) "Secure" means to take steps that a reasonable |
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| 20 | 20 | | person would take to prevent the access to a readily dischargeable |
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| 21 | 21 | | firearm by a detained person, including placing a firearm in a |
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| 22 | 22 | | locked container or temporarily rendering the firearm inoperable by |
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| 23 | 23 | | a trigger lock or other means. |
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| 24 | 24 | | (b) A person commits an offense if a detained person gains |
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| 25 | 25 | | access to a readily dischargeable firearm and the person with |
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| 26 | 26 | | criminal negligence: |
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| 27 | 27 | | (1) failed to secure the firearm; or |
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| 28 | 28 | | (2) left the firearm in a place to which the person |
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| 29 | 29 | | knew or should have known the detained person would gain access. |
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| 30 | 30 | | (c) It is an affirmative defense to prosecution under this |
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| 31 | 31 | | section that the detained person's access to the firearm was gained |
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| 32 | 32 | | by entering property in violation of this code. |
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| 33 | 33 | | (d) An offense under this section is a Class A misdemeanor, |
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| 34 | 34 | | except that the offense is: |
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| 35 | 35 | | (1) a state jail felony if the detained person |
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| 36 | 36 | | discharges the firearm; |
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| 37 | 37 | | (2) a felony of the third degree if the detained |
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| 38 | 38 | | person: |
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| 39 | 39 | | (A) discharges the firearm and causes bodily |
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| 40 | 40 | | injury to any individual, including the detained person; or |
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| 41 | 41 | | (B) threatens another individual with imminent |
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| 42 | 42 | | bodily injury while displaying the firearm; or |
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| 43 | 43 | | (3) a felony of the second degree if the detained |
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| 44 | 44 | | person discharges the firearm and causes death or serious bodily |
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| 45 | 45 | | injury to any individual, including the detained person. |
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| 46 | 46 | | SECTION 2. This Act takes effect September 1, 2023. |
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