89R5328 MCF-D
By: González of Dallas H.B. No. 4828
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and reporting of certain offenses
committed because of bias or prejudice; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2A.211, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) If an affirmative finding was entered in the judgment in
the case as described by Subsection (a), the clerk shall provide
notice of the finding to the appropriate local law enforcement
agency to enable entry of the information into the National Crime
Information Center and Texas Crime Information Center. The agency
receiving the notice promptly shall enter the information into the
databases.
(c) The clerk shall make a [the] report or provide a notice
required by this article [Subsection (a)] not later than the 30th
day after the date the judgment is entered in the case.
SECTION 2. Section 46.04, Penal Code, is amended by adding
Subsections (a-2) and (h) and amending Subsection (e) to read as
follows:
(a-2) A person who has been convicted of an offense under
Section 22.01, 22.011, 22.02, 22.021, 22.04, 22.05, 22.07, 22.11,
28.02, or 28.03 for which the judgment contains an affirmative
finding under Article 42.014, Code of Criminal Procedure, commits
an offense if the person possesses a firearm before the fifth
anniversary of the later of:
(1) the date of the person's release from confinement
following the conviction; or
(2) the date of the person's release from supervision
under community supervision, parole, or mandatory supervision, as
applicable.
(e) An offense under this section is a Class A misdemeanor,
except that an offense under Subsection (a) or (a-2) is a felony of
the third degree. [An offense under Subsection (a-1), (b), or (c) is
a Class A misdemeanor.]
(h) If conduct that constitutes an offense under Subsection
(a-2) also constitutes an offense under Subsection (a), the actor
may be prosecuted under Subsection (a) or (a-2), but not both. If
conduct that constitutes an offense under Subsection (a-2) also
constitutes an offense under Subsection (b), the actor may be
prosecuted under Subsection (a-2) or (b), but not both.
SECTION 3. 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 4. This Act takes effect September 1, 2025.