88R6689 EAS-D
By: Huffman S.B. No. 787
A BILL TO BE ENTITLED
AN ACT
relating to increasing the minimum term of imprisonment for certain
felony offenses in which a firearm is used or exhibited.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
by adding Section 12.502 to read as follows:
Sec. 12.502. PENALTY FOR CERTAIN FELONY OFFENSES COMMITTED
WITH FIREARM. (a) The minimum term of imprisonment for a first,
second, or third degree felony listed in Article 42A.054(a), Code
of Criminal Procedure, is increased to 10 years if an affirmative
finding has been entered in the judgment in the case under Article
42A.054(d), Code of Criminal Procedure.
(b) Subsection (a) does not apply to a felony offense for
which the punishment otherwise required by law includes a minimum
term of imprisonment that exceeds 10 years.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2023.