| 1 | 1 | | 88R4461 CJD-D |
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| 2 | 2 | | By: Meza H.B. No. 885 |
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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 unlawful possession of a firearm by persons |
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| 8 | 8 | | convicted of certain misdemeanor offenses in this state. |
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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 46.04(b) and (d), Penal Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) A person who has been convicted of an offense under |
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| 13 | 13 | | Section 22.01, punishable as a Class A misdemeanor and involving a |
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| 14 | 14 | | member of the person's family or household, or of a violent |
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| 15 | 15 | | misdemeanor commits an offense if the person possesses a firearm |
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| 16 | 16 | | before the fifth anniversary of the later of: |
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| 17 | 17 | | (1) the date of the person's release from confinement |
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| 18 | 18 | | following conviction of the misdemeanor; or |
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| 19 | 19 | | (2) the date of the person's release from community |
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| 20 | 20 | | supervision following conviction of the misdemeanor. |
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| 21 | 21 | | (d) In this section: |
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| 22 | 22 | | (1) "Family,"[, "family,"] "household," and "member |
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| 23 | 23 | | of a household" have the meanings assigned by Chapter 71, Family |
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| 24 | 24 | | Code. |
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| 25 | 25 | | (2) "Violent misdemeanor" means an offense under the |
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| 26 | 26 | | laws of this state that is punishable as a misdemeanor and that has |
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| 27 | 27 | | as an element the use, attempted use, or threatened use of force |
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| 28 | 28 | | against any person. |
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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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