1 | 1 | | 89R6042 AJZ-D |
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2 | 2 | | By: RodrÃguez Ramos H.B. No. 2571 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the prosecution of the offenses of unlawful carrying of |
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10 | 10 | | certain weapons and unlawful transfer of certain weapons. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 46.02(a-4), Penal Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | (a-4) A person commits an offense if the person: |
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15 | 15 | | (1) intentionally, knowingly, or recklessly carries |
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16 | 16 | | on or about his or her person a location-restricted knife; |
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17 | 17 | | (2) is younger than 21 [18] years of age at the time of |
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18 | 18 | | the offense; and |
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19 | 19 | | (3) is not: |
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20 | 20 | | (A) on the person's own premises or premises |
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21 | 21 | | under the person's control; |
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22 | 22 | | (B) inside of or directly en route to a motor |
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23 | 23 | | vehicle or watercraft that is owned by the person or under the |
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24 | 24 | | person's control; or |
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25 | 25 | | (C) under the direct supervision of a parent or |
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26 | 26 | | legal guardian of the person. |
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27 | 27 | | SECTION 2. Sections 46.06(a) and (d), Penal Code, are |
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28 | 28 | | amended to read as follows: |
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29 | 29 | | (a) A person commits an offense if the person: |
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30 | 30 | | (1) sells, rents, leases, loans, or gives a handgun to |
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31 | 31 | | any person knowing that the person to whom the handgun is to be |
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32 | 32 | | delivered intends to use it unlawfully or in the commission of an |
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33 | 33 | | unlawful act; |
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34 | 34 | | (2) intentionally or knowingly sells, rents, leases, |
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35 | 35 | | or gives or offers to sell, rent, lease, or give to any person |
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36 | 36 | | [child] younger than 21 [18] years of age any: |
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37 | 37 | | (A) firearm, including an assault-style weapon; |
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38 | 38 | | (B) club; [,] or |
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39 | 39 | | (C) location-restricted knife; |
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40 | 40 | | (3) intentionally, knowingly, or recklessly sells a |
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41 | 41 | | firearm or ammunition for a firearm to any person who is |
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42 | 42 | | intoxicated; |
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43 | 43 | | (4) knowingly sells a firearm or ammunition for a |
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44 | 44 | | firearm to any person who has been convicted of a felony before the |
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45 | 45 | | fifth anniversary of the later of the following dates: |
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46 | 46 | | (A) the person's release from confinement |
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47 | 47 | | following conviction of the felony; or |
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48 | 48 | | (B) the person's release from supervision under |
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49 | 49 | | community supervision, parole, or mandatory supervision following |
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50 | 50 | | conviction of the felony; |
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51 | 51 | | (5) sells, rents, leases, loans, or gives a handgun to |
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52 | 52 | | any person knowing that an active protective order is directed to |
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53 | 53 | | the person to whom the handgun is to be delivered; |
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54 | 54 | | (6) knowingly purchases, rents, leases, or receives as |
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55 | 55 | | a loan or gift from another a handgun while an active protective |
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56 | 56 | | order is directed to the actor; or |
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57 | 57 | | (7) while prohibited from possessing a firearm under |
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58 | 58 | | state or federal law, knowingly makes a material false statement on |
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59 | 59 | | a form that is: |
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60 | 60 | | (A) required by state or federal law for the |
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61 | 61 | | purchase, sale, or other transfer of a firearm; and |
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62 | 62 | | (B) submitted to a firearms dealer licensed under |
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63 | 63 | | 18 U.S.C. Section 923. |
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64 | 64 | | (d) An offense under this section is a Class A misdemeanor, |
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65 | 65 | | except that: |
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66 | 66 | | (1) an offense under Subsection (a)(2) is a state jail |
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67 | 67 | | felony if the weapon that is the subject of the offense is a firearm |
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68 | 68 | | [handgun]; and |
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69 | 69 | | (2) an offense under Subsection (a)(7) is a state jail |
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70 | 70 | | felony. |
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71 | 71 | | SECTION 3. Section 46.06(c), Penal Code, is repealed. |
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72 | 72 | | SECTION 4. The change in law made by this Act applies only |
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73 | 73 | | to an offense committed on or after the effective date of this Act. |
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74 | 74 | | An offense committed before the effective date of this Act is |
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75 | 75 | | governed by the law in effect on the date the offense was committed, |
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76 | 76 | | and the former law is continued in effect for that purpose. For |
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77 | 77 | | purposes of this section, an offense was committed before the |
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78 | 78 | | effective date of this Act if any element of the offense occurred |
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79 | 79 | | before that date. |
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80 | 80 | | SECTION 5. This Act takes effect September 1, 2025. |
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