Texas 2023 - 88th Regular

Texas House Bill HB4014 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R23000 JSC-D
2	2	By: Murr H.B. No. 4014
3	3	Substitute the following for H.B. No. 4014:
4	4	By: Burrows C.S.H.B. No. 4014
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibiting the carrying of a firearm by a member of a
10	10	criminal street gang while engaged in certain criminal activity;
11	11	creating a criminal offense; changing the eligibility for community
12	12	supervision.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 125.0015(a), Civil Practice and Remedies
15	15	Code, is amended to read as follows:
16	16	(a) A person who maintains a place to which persons
17	17	habitually go for the following purposes and who knowingly
18	18	tolerates the activity and furthermore fails to make reasonable
19	19	attempts to abate the activity maintains a common nuisance:
20	20	(1) discharge of a firearm in a public place as
21	21	prohibited by the Penal Code;
22	22	(2) reckless discharge of a firearm as prohibited by
23	23	the Penal Code;
24	24	(3) engaging in organized criminal activity as a
25	25	member of a combination as prohibited by the Penal Code;
26	26	(4) delivery, possession, manufacture, or use of a
27	27	substance or other item in violation of Chapter 481, Health and
28	28	Safety Code;
29	29	(5) gambling, gambling promotion, or communicating
30	30	gambling information as prohibited by the Penal Code;
31	31	(6) prostitution as described by Section 43.02, Penal
32	32	Code, solicitation of prostitution as described by Section 43.021,
33	33	Penal Code, promotion of prostitution as described by Section
34	34	43.03, Penal Code, or aggravated promotion of prostitution as
35	35	described by Section 43.04, Penal Code;
36	36	(7) compelling prostitution as prohibited by the Penal
37	37	Code;
38	38	(8) commercial manufacture, commercial distribution,
39	39	or commercial exhibition of obscene material as prohibited by the
40	40	Penal Code;
41	41	(9) aggravated assault as described by Section 22.02,
42	42	Penal Code;
43	43	(10) sexual assault as described by Section 22.011,
44	44	Penal Code;
45	45	(11) aggravated sexual assault as described by Section
46	46	22.021, Penal Code;
47	47	(12) robbery as described by Section 29.02, Penal
48	48	Code;
49	49	(13) aggravated robbery as described by Section 29.03,
50	50	Penal Code;
51	51	(14) unlawfully carrying a weapon as described by
52	52	Section 46.02, Penal Code, or unlawfully carrying a firearm as
53	53	described by Section 46.025, Penal Code;
54	54	(15) murder as described by Section 19.02, Penal Code;
55	55	(16) capital murder as described by Section 19.03,
56	56	Penal Code;
57	57	(17) continuous sexual abuse of young child or
58	58	disabled individual as described by Section 21.02, Penal Code;
59	59	(18) massage therapy or other massage services in
60	60	violation of Chapter 455, Occupations Code;
61	61	(19) employing or entering into a contract for the
62	62	performance of work or the provision of a service with an individual
63	63	younger than 21 years of age for work or services performed at a
64	64	sexually oriented business as defined by Section 243.002, Local
65	65	Government Code;
66	66	(20) trafficking of persons as described by Section
67	67	20A.02, Penal Code;
68	68	(21) sexual conduct or performance by a child as
69	69	described by Section 43.25, Penal Code;
70	70	(22) employment harmful to a child as described by
71	71	Section 43.251, Penal Code;
72	72	(23) criminal trespass as described by Section 30.05,
73	73	Penal Code;
74	74	(24) disorderly conduct as described by Section 42.01,
75	75	Penal Code;
76	76	(25) arson as described by Section 28.02, Penal Code;
77	77	(26) criminal mischief as described by Section 28.03,
78	78	Penal Code, that causes a pecuniary loss of $500 or more;
79	79	(27) a graffiti offense in violation of Section 28.08,
80	80	Penal Code; or
81	81	(28) permitting an individual younger than 18 years of
82	82	age to enter the premises of a sexually oriented business as defined
83	83	by Section 243.002, Local Government Code.
84	84	SECTION 2. Article 17.03(b-2), Code of Criminal Procedure,
85	85	is amended to read as follows:
86	86	(b-2) Except as provided by Articles 15.21, 17.033, and
87	87	17.151, a defendant may not be released on personal bond if the
88	88	defendant:
89	89	(1) is charged with:
90	90	(A) an offense involving violence; or
91	91	(B) an offense under Section 46.025, Penal Code;
92	92	or
93	93	(2) while released on bail or community supervision
94	94	for an offense described by Subdivision (1) [involving violence],
95	95	is charged with committing:
96	96	(A) any offense punishable as a felony; or
97	97	(B) an offense under the following provisions of
98	98	the Penal Code:
99	99	(i) Section 22.01(a)(1) (assault);
100	100	(ii) Section 22.05 (deadly conduct);
101	101	(iii) Section 22.07 (terroristic threat);
102	102	or
103	103	(iv) Section 42.01(a)(7) or (8) (disorderly
104	104	conduct involving firearm).
105	105	SECTION 3. Article 42A.054(a), Code of Criminal Procedure,
106	106	is amended to read as follows:
107	107	(a) Article 42A.053 does not apply to a defendant adjudged
108	108	guilty of an offense under:
109	109	(1) Section 15.03, Penal Code, if the offense is
110	110	punishable as a felony of the first degree;
111	111	(2) Section 19.02, Penal Code (Murder);
112	112	(3) Section 19.03, Penal Code (Capital Murder);
113	113	(4) Section 20.04, Penal Code (Aggravated
114	114	Kidnapping);
115	115	(5) Section 20A.02, Penal Code (Trafficking of
116	116	Persons);
117	117	(6) Section 20A.03, Penal Code (Continuous
118	118	Trafficking of Persons);
119	119	(7) Section 21.11, Penal Code (Indecency with a
120	120	Child);
121	121	(8) Section 22.011, Penal Code (Sexual Assault);
122	122	(9) Section 22.021, Penal Code (Aggravated Sexual
123	123	Assault);
124	124	(10) Section 22.04(a)(1), Penal Code (Injury to a
125	125	Child, Elderly Individual, or Disabled Individual), if:
126	126	(A) the offense is punishable as a felony of the
127	127	first degree; and
128	128	(B) the victim of the offense is a child;
129	129	(11) Section 29.03, Penal Code (Aggravated Robbery);
130	130	(12) Section 30.02, Penal Code (Burglary), if:
131	131	(A) the offense is punishable under Subsection
132	132	(d) of that section; and
133	133	(B) the actor committed the offense with the
134	134	intent to commit a felony under Section 21.02, 21.11, 22.011,
135	135	22.021, or 25.02, Penal Code;
136	136	(13) Section 43.04, Penal Code (Aggravated Promotion
137	137	of Prostitution);
138	138	(14) Section 43.05, Penal Code (Compelling
139	139	Prostitution);
140	140	(15) Section 43.25, Penal Code (Sexual Performance by
141	141	a Child);
142	142	(15-a) Section 46.025, Penal Code;
143	143	(16) Chapter 481, Health and Safety Code, for which
144	144	punishment is increased under:
145	145	(A) Section 481.140 of that code (Use of Child in
146	146	Commission of Offense); or
147	147	(B) Section 481.134(c), (d), (e), or (f) of that
148	148	code (Drug-free Zones) if it is shown that the defendant has been
149	149	previously convicted of an offense for which punishment was
150	150	increased under any of those subsections; or
151	151	(17) Section 481.1123, Health and Safety Code
152	152	(Manufacture or Delivery of Substance in Penalty Group 1-B), if the
153	153	offense is punishable under Subsection (d), (e), or (f) of that
154	154	section.
155	155	SECTION 4. Article 42A.102(b), Code of Criminal Procedure,
156	156	is amended to read as follows:
157	157	(b) In all other cases, the judge may grant deferred
158	158	adjudication community supervision unless:
159	159	(1) the defendant is charged with an offense:
160	160	(A) under Section 20A.02, 20A.03, 49.045, 49.05,
161	161	49.065, 49.07, or 49.08, Penal Code;
162	162	(B) under Section 49.04 or 49.06, Penal Code,
163	163	and, at the time of the offense:
164	164	(i) the defendant held a commercial
165	165	driver's license or a commercial learner's permit; or
166	166	(ii) the defendant's alcohol concentration,
167	167	as defined by Section 49.01, Penal Code, was 0.15 or more;
168	168	(C) for which punishment may be increased under
169	169	Section 49.09, Penal Code;
170	170	(D) for which punishment may be increased under
171	171	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
172	172	is shown that the defendant has been previously convicted of an
173	173	offense for which punishment was increased under any one of those
174	174	subsections; [or]
175	175	(E) under Section 481.1123, Health and Safety
176	176	Code, that is punishable under Subsection (d), (e), or (f) of that
177	177	section; or
178	178	(F) under Section 46.025, Penal Code;
179	179	(2) the defendant:
180	180	(A) is charged with an offense under Section
181	181	21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
182	182	the age of the victim, or a felony described by Article 42A.453(b),
183	183	other than a felony described by Subdivision (1)(A) or (3)(B) of
184	184	this subsection; and
185	185	(B) has previously been placed on community
186	186	supervision for an offense under Paragraph (A);
187	187	(3) the defendant is charged with an offense under:
188	188	(A) Section 21.02, Penal Code; or
189	189	(B) Section 22.021, Penal Code, that is
190	190	punishable under Subsection (f) of that section or under Section
191	191	12.42(c)(3) or (4), Penal Code; or
192	192	(4) the defendant is charged with an offense under
193	193	Section 19.02, Penal Code, except that the judge may grant deferred
194	194	adjudication community supervision on determining that the
195	195	defendant did not cause the death of the deceased, did not intend to
196	196	kill the deceased or another, and did not anticipate that a human
197	197	life would be taken.
198	198	SECTION 5. Section 9.31(b), Penal Code, is amended to read
199	199	as follows:
200	200	(b) The use of force against another is not justified:
201	201	(1) in response to verbal provocation alone;
202	202	(2) to resist an arrest or search that the actor knows
203	203	is being made by a peace officer, or by a person acting in a peace
204	204	officer's presence and at his direction, even though the arrest or
205	205	search is unlawful, unless the resistance is justified under
206	206	Subsection (c);
207	207	(3) if the actor consented to the exact force used or
208	208	attempted by the other;
209	209	(4) if the actor provoked the other's use or attempted
210	210	use of unlawful force, unless:
211	211	(A) the actor abandons the encounter, or clearly
212	212	communicates to the other his intent to do so reasonably believing
213	213	he cannot safely abandon the encounter; and
214	214	(B) the other nevertheless continues or attempts
215	215	to use unlawful force against the actor; or
216	216	(5) if the actor sought an explanation from or
217	217	discussion with the other person concerning the actor's differences
218	218	with the other person while the actor was:
219	219	(A) carrying a weapon in violation of Section
220	220	46.02; [or]
221	221	(B) carrying a firearm in violation of Section
222	222	46.025; or
223	223	(C) possessing or transporting a weapon in
224	224	violation of Section 46.05.
225	225	SECTION 6. Chapter 46, Penal Code, is amended by adding
226	226	Section 46.025 to read as follows:
227	227	Sec. 46.025. PROHIBITED CARRYING OF FIREARMS BY GANG
228	228	MEMBERS. (a) In this section, "criminal street gang" has the
229	229	meaning assigned by Section 71.01.
230	230	(b) A person who is a member of a criminal street gang
231	231	commits an offense if the person:
232	232	(1) intentionally, knowingly, or recklessly carries
233	233	on or about his or her person a firearm; and
234	234	(2) is engaged in conduct constituting an offense that
235	235	is a Class B misdemeanor or any higher category of offense:
236	236	(A) listed in Section 42A.054(a), Code of
237	237	Criminal Procedure;
238	238	(B) listed in Section 71.02(a) of this code;
239	239	(C) under Title 5 or 6 of this code;
240	240	(D) under Subchapter D, Chapter 481, Health and
241	241	Safety Code; or
242	242	(E) during the commission of which or during the
243	243	immediate flight from the commission of which the firearm or other
244	244	deadly weapon was used or exhibited.
245	245	(c) It is an affirmative defense to prosecution under this
246	246	section that:
247	247	(1) the person is not a member of a criminal street
248	248	gang and the inclusion of the person's information in an
249	249	intelligence database under Chapter 67, Code of Criminal Procedure,
250	250	was in error; or
251	251	(2) the person's information did not meet the
252	252	submission criteria established under Article 67.054(b), Code of
253	253	Criminal Procedure, for the inclusion of the person's information
254	254	in an intelligence database under Chapter 67 of that code.
255	255	(d) If conduct constituting an offense under this section
256	256	also constitutes an offense under Section 46.02, the actor may be
257	257	prosecuted only under this section.
258	258	(e) An offense under this section is a felony of the third
259	259	degree.
260	260	SECTION 7. Section 46.04(e), Penal Code, is amended to read
261	261	as follows:
262	262	(e) An offense under Subsection (a) is a felony of the third
263	263	degree. An offense under Subsection [(a-1),] (b)[,] or (c) is a
264	264	Class A misdemeanor.
265	265	SECTION 8. Section 46.15(b), Penal Code, is amended to read
266	266	as follows:
267	267	(b) Sections 46.02 and[,] 46.03(a)(14)[, and 46.04(a-1)] do
268	268	not apply to a person who:
269	269	(1) is in the actual discharge of official duties as a
270	270	member of the armed forces or state military forces as defined by
271	271	Section 437.001, Government Code, or as a guard employed by a penal
272	272	institution;
273	273	(2) is traveling;
274	274	(3) is engaging in lawful hunting, fishing, or other
275	275	sporting activity on the immediate premises where the activity is
276	276	conducted, or is en route between the premises and the actor's
277	277	residence, motor vehicle, or watercraft, if the weapon is a type
278	278	commonly used in the activity;
279	279	(4) holds a security officer commission issued by the
280	280	Texas Private Security Board, if the person is engaged in the
281	281	performance of the person's duties as an officer commissioned under
282	282	Chapter 1702, Occupations Code, or is traveling to or from the
283	283	person's place of assignment and is wearing the officer's uniform
284	284	and carrying the officer's weapon in plain view;
285	285	(5) acts as a personal protection officer and carries
286	286	the person's security officer commission and personal protection
287	287	officer authorization, if the person:
288	288	(A) is engaged in the performance of the person's
289	289	duties as a personal protection officer under Chapter 1702,
290	290	Occupations Code, or is traveling to or from the person's place of
291	291	assignment; and
292	292	(B) is either:
293	293	(i) wearing the uniform of a security
294	294	officer, including any uniform or apparel described by Section
295	295	1702.323(d), Occupations Code, and carrying the officer's weapon in
296	296	plain view; or
297	297	(ii) not wearing the uniform of a security
298	298	officer and carrying the officer's weapon in a concealed manner;
299	299	(6) is carrying:
300	300	(A) a license issued under Subchapter H, Chapter
301	301	411, Government Code, to carry a handgun; and
302	302	(B) a handgun:
303	303	(i) in a concealed manner; or
304	304	(ii) in a holster;
305	305	(7) holds an alcoholic beverage permit or license or
306	306	is an employee of a holder of an alcoholic beverage permit or
307	307	license if the person is supervising the operation of the permitted
308	308	or licensed premises; or
309	309	(8) is a student in a law enforcement class engaging in
310	310	an activity required as part of the class, if the weapon is a type
311	311	commonly used in the activity and the person is:
312	312	(A) on the immediate premises where the activity
313	313	is conducted; or
314	314	(B) en route between those premises and the
315	315	person's residence and is carrying the weapon unloaded.
316	316	SECTION 9. Section 46.04(a-1), Penal Code, is repealed.
317	317	SECTION 10. (a) Except as provided by Subsection (b) of
318	318	this section, the changes in law made by this Act apply only to an
319	319	offense committed on or after the effective date of this Act. An
320	320	offense committed before the effective date of this Act is governed
321	321	by the law in effect on the date the offense was committed, and the
322	322	former law is continued in effect for that purpose. For purposes of
323	323	this subsection, an offense was committed before the effective date
324	324	of this Act if any element of the offense was committed before that
325	325	date.
326	326	(b) The change in law made by this Act in amending Article
327	327	17.03(b-2), Code of Criminal Procedure, applies only to a person
328	328	who is arrested on or after the effective date of this Act. A person
329	329	arrested before the effective date of this Act is governed by the
330	330	law in effect on the date the person was arrested, and the former
331	331	law is continued in effect for that purpose.
332	332	SECTION 11. This Act takes effect September 1, 2023.