Texas 2023 - 88th Regular

Texas Senate Bill SB2042 Compare Versions

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1	1	88R8943 JSC-D
2	2	By: King S.B. No. 2042
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting the carrying of a handgun by a member of a
8	8	criminal street gang while engaged in criminal activity; creating a
9	9	criminal offense; changing the eligibility for community
10	10	supervision.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 17.03(b-2), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(b-2) Except as provided by Articles 15.21, 17.033, and
15	15	17.151, a defendant may not be released on personal bond if the
16	16	defendant:
17	17	(1) is charged with:
18	18	(A) an offense involving violence; or
19	19	(B) an offense under Section 46.02(a-9), Penal
20	20	Code; or
21	21	(2) while released on bail or community supervision
22	22	for an offense described by Subdivision (1) [involving violence],
23	23	is charged with committing:
24	24	(A) any offense punishable as a felony; or
25	25	(B) an offense under the following provisions of
26	26	the Penal Code:
27	27	(i) Section 22.01(a)(1) (assault);
28	28	(ii) Section 22.05 (deadly conduct);
29	29	(iii) Section 22.07 (terroristic threat);
30	30	or
31	31	(iv) Section 42.01(a)(7) or (8) (disorderly
32	32	conduct involving firearm).
33	33	SECTION 2. Article 42A.054(a), Code of Criminal Procedure,
34	34	is amended to read as follows:
35	35	(a) Article 42A.053 does not apply to a defendant adjudged
36	36	guilty of an offense under:
37	37	(1) Section 15.03, Penal Code, if the offense is
38	38	punishable as a felony of the first degree;
39	39	(2) Section 19.02, Penal Code (Murder);
40	40	(3) Section 19.03, Penal Code (Capital Murder);
41	41	(4) Section 20.04, Penal Code (Aggravated
42	42	Kidnapping);
43	43	(5) Section 20A.02, Penal Code (Trafficking of
44	44	Persons);
45	45	(6) Section 20A.03, Penal Code (Continuous
46	46	Trafficking of Persons);
47	47	(7) Section 21.11, Penal Code (Indecency with a
48	48	Child);
49	49	(8) Section 22.011, Penal Code (Sexual Assault);
50	50	(9) Section 22.021, Penal Code (Aggravated Sexual
51	51	Assault);
52	52	(10) Section 22.04(a)(1), Penal Code (Injury to a
53	53	Child, Elderly Individual, or Disabled Individual), if:
54	54	(A) the offense is punishable as a felony of the
55	55	first degree; and
56	56	(B) the victim of the offense is a child;
57	57	(11) Section 29.03, Penal Code (Aggravated Robbery);
58	58	(12) Section 30.02, Penal Code (Burglary), if:
59	59	(A) the offense is punishable under Subsection
60	60	(d) of that section; and
61	61	(B) the actor committed the offense with the
62	62	intent to commit a felony under Section 21.02, 21.11, 22.011,
63	63	22.021, or 25.02, Penal Code;
64	64	(13) Section 43.04, Penal Code (Aggravated Promotion
65	65	of Prostitution);
66	66	(14) Section 43.05, Penal Code (Compelling
67	67	Prostitution);
68	68	(15) Section 43.25, Penal Code (Sexual Performance by
69	69	a Child);
70	70	(15-a) Section 46.02(a-9), Penal Code;
71	71	(16) Chapter 481, Health and Safety Code, for which
72	72	punishment is increased under:
73	73	(A) Section 481.140 of that code (Use of Child in
74	74	Commission of Offense); or
75	75	(B) Section 481.134(c), (d), (e), or (f) of that
76	76	code (Drug-free Zones) if it is shown that the defendant has been
77	77	previously convicted of an offense for which punishment was
78	78	increased under any of those subsections; or
79	79	(17) Section 481.1123, Health and Safety Code
80	80	(Manufacture or Delivery of Substance in Penalty Group 1-B), if the
81	81	offense is punishable under Subsection (d), (e), or (f) of that
82	82	section.
83	83	SECTION 3. Article 42A.102(b), Code of Criminal Procedure,
84	84	is amended to read as follows:
85	85	(b) In all other cases, the judge may grant deferred
86	86	adjudication community supervision unless:
87	87	(1) the defendant is charged with an offense:
88	88	(A) under Section 20A.02, 20A.03, 49.045, 49.05,
89	89	49.065, 49.07, or 49.08, Penal Code;
90	90	(B) under Section 49.04 or 49.06, Penal Code,
91	91	and, at the time of the offense:
92	92	(i) the defendant held a commercial
93	93	driver's license or a commercial learner's permit; or
94	94	(ii) the defendant's alcohol concentration,
95	95	as defined by Section 49.01, Penal Code, was 0.15 or more;
96	96	(C) for which punishment may be increased under
97	97	Section 49.09, Penal Code;
98	98	(D) for which punishment may be increased under
99	99	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
100	100	is shown that the defendant has been previously convicted of an
101	101	offense for which punishment was increased under any one of those
102	102	subsections; [or]
103	103	(E) under Section 481.1123, Health and Safety
104	104	Code, that is punishable under Subsection (d), (e), or (f) of that
105	105	section; or
106	106	(F) under Section 46.02(a-9), Penal Code;
107	107	(2) the defendant:
108	108	(A) is charged with an offense under Section
109	109	21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
110	110	the age of the victim, or a felony described by Article 42A.453(b),
111	111	other than a felony described by Subdivision (1)(A) or (3)(B) of
112	112	this subsection; and
113	113	(B) has previously been placed on community
114	114	supervision for an offense under Paragraph (A);
115	115	(3) the defendant is charged with an offense under:
116	116	(A) Section 21.02, Penal Code; or
117	117	(B) Section 22.021, Penal Code, that is
118	118	punishable under Subsection (f) of that section or under Section
119	119	12.42(c)(3) or (4), Penal Code; or
120	120	(4) the defendant is charged with an offense under
121	121	Section 19.02, Penal Code, except that the judge may grant deferred
122	122	adjudication community supervision on determining that the
123	123	defendant did not cause the death of the deceased, did not intend to
124	124	kill the deceased or another, and did not anticipate that a human
125	125	life would be taken.
126	126	SECTION 4. Section 46.02, Penal Code, is amended by adding
127	127	Subsections (a-9), (a-10), and (f) to read as follows:
128	128	(a-9) A person who is a member of a criminal street gang, as
129	129	defined by Section 71.01, commits an offense if the person:
130	130	(1) intentionally, knowingly, or recklessly carries
131	131	on or about his or her person a handgun, including carrying a
132	132	handgun in a motor vehicle or watercraft that is owned by the person
133	133	or under the person's control;
134	134	(2) is engaged in criminal activity, other than a
135	135	Class C misdemeanor that is a violation of a law or ordinance
136	136	regulating traffic or boating; and
137	137	(3) is not on the person's own property or property
138	138	under the person's control or on private property with the consent
139	139	of the owner of the property.
140	140	(a-10) If conduct constituting an offense under Subsection
141	141	(a-9) also constitutes an offense under Subsection (a-1)(2)(A), the
142	142	actor may be prosecuted only under Subsection (a-9).
143	143	(f) An offense under Subsection (a-9) is a felony of the
144	144	third degree.
145	145	SECTION 5. Section 46.04(e), Penal Code, is amended to read
146	146	as follows:
147	147	(e) An offense under Subsection (a) is a felony of the third
148	148	degree. An offense under Subsection [(a-1),] (b)[,] or (c) is a
149	149	Class A misdemeanor.
150	150	SECTION 6. Section 46.15(b), Penal Code, is amended to read
151	151	as follows:
152	152	(b) Sections 46.02 and[,] 46.03(a)(14)[, and 46.04(a-1)] do
153	153	not apply to a person who:
154	154	(1) is in the actual discharge of official duties as a
155	155	member of the armed forces or state military forces as defined by
156	156	Section 437.001, Government Code, or as a guard employed by a penal
157	157	institution;
158	158	(2) is traveling;
159	159	(3) is engaging in lawful hunting, fishing, or other
160	160	sporting activity on the immediate premises where the activity is
161	161	conducted, or is en route between the premises and the actor's
162	162	residence, motor vehicle, or watercraft, if the weapon is a type
163	163	commonly used in the activity;
164	164	(4) holds a security officer commission issued by the
165	165	Texas Private Security Board, if the person is engaged in the
166	166	performance of the person's duties as an officer commissioned under
167	167	Chapter 1702, Occupations Code, or is traveling to or from the
168	168	person's place of assignment and is wearing the officer's uniform
169	169	and carrying the officer's weapon in plain view;
170	170	(5) acts as a personal protection officer and carries
171	171	the person's security officer commission and personal protection
172	172	officer authorization, if the person:
173	173	(A) is engaged in the performance of the person's
174	174	duties as a personal protection officer under Chapter 1702,
175	175	Occupations Code, or is traveling to or from the person's place of
176	176	assignment; and
177	177	(B) is either:
178	178	(i) wearing the uniform of a security
179	179	officer, including any uniform or apparel described by Section
180	180	1702.323(d), Occupations Code, and carrying the officer's weapon in
181	181	plain view; or
182	182	(ii) not wearing the uniform of a security
183	183	officer and carrying the officer's weapon in a concealed manner;
184	184	(6) is carrying:
185	185	(A) a license issued under Subchapter H, Chapter
186	186	411, Government Code, to carry a handgun; and
187	187	(B) a handgun:
188	188	(i) in a concealed manner; or
189	189	(ii) in a holster;
190	190	(7) holds an alcoholic beverage permit or license or
191	191	is an employee of a holder of an alcoholic beverage permit or
192	192	license if the person is supervising the operation of the permitted
193	193	or licensed premises; or
194	194	(8) is a student in a law enforcement class engaging in
195	195	an activity required as part of the class, if the weapon is a type
196	196	commonly used in the activity and the person is:
197	197	(A) on the immediate premises where the activity
198	198	is conducted; or
199	199	(B) en route between those premises and the
200	200	person's residence and is carrying the weapon unloaded.
201	201	SECTION 7. Section 46.04(a-1), Penal Code, is repealed.
202	202	SECTION 8. (a) Except as provided by Subsection (b) of this
203	203	section, the changes in law made by this Act apply only to an
204	204	offense committed on or after the effective date of this Act. An
205	205	offense committed before the effective date of this Act is governed
206	206	by the law in effect on the date the offense was committed, and the
207	207	former law is continued in effect for that purpose. For purposes of
208	208	this subsection, an offense was committed before the effective date
209	209	of this Act if any element of the offense was committed before that
210	210	date.
211	211	(b) The change in law made by this Act in amending Article
212	212	17.03(b-2), Code of Criminal Procedure, applies only to a person
213	213	who is arrested on or after the effective date of this Act. A person
214	214	arrested before the effective date of this Act is governed by the
215	215	law in effect on the date the person was arrested, and the former
216	216	law is continued in effect for that purpose.
217	217	SECTION 9. This Act takes effect September 1, 2023.