| 1 | 1 | | By: Gutierrez S.B. No. 1712 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to gun storage; creating an offense. |
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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. Section 46.13, Penal Code, is amended by to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A [CHILD] YOUNG |
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| 13 | 13 | | ADULT. (a) In this section: |
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| 14 | 14 | | (1) "[Child] Young adult" means a person younger than |
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| 15 | 15 | | [17] 21 years of age. |
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| 16 | 16 | | (2) "Readily dischargeable firearm" means a firearm |
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| 17 | 17 | | that is loaded with ammunition, whether or not a round is in the |
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| 18 | 18 | | chamber. |
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| 19 | 19 | | (3) "Secure" means to take steps that a reasonable |
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| 20 | 20 | | person would take to prevent the access to a readily dischargeable |
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| 21 | 21 | | firearm by a [child] young adult, including but not limited to |
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| 22 | 22 | | placing a firearm in a locked container or temporarily rendering |
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| 23 | 23 | | the firearm inoperable by a trigger lock or other means. |
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| 24 | 24 | | (b) A person commits an offense if a [child] young adult |
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| 25 | 25 | | gains access to a readily dischargeable firearm and the person with |
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| 26 | 26 | | criminal negligence: |
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| 27 | 27 | | (1) failed to secure the firearm; or |
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| 28 | 28 | | (2) left the firearm in a place to which the person |
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| 29 | 29 | | knew or should have known the [child] young adult would gain access. |
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| 30 | 30 | | (c) It is an affirmative defense to prosecution under this |
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| 31 | 31 | | section that the [child's] young adult's access to the firearm: |
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| 32 | 32 | | (1) was supervised by a person older than [18]21 years |
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| 33 | 33 | | of age and was for hunting, sporting, or other lawful purposes; |
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| 34 | 34 | | (2) consisted of lawful defense by the [child] young |
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| 35 | 35 | | adult of people or property; |
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| 36 | 36 | | (3) was gained by entering property in violation of |
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| 37 | 37 | | this code; or |
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| 38 | 38 | | (4) occurred during a time when the actor was engaged |
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| 39 | 39 | | in an agricultural enterprise. |
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| 40 | 40 | | (d) Except as provided by Subsection (e), an offense under |
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| 41 | 41 | | this section is a Class C misdemeanor. |
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| 42 | 42 | | (e) An offense under this section is a Class A misdemeanor |
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| 43 | 43 | | if the [child] young adult discharges the firearm and causes death |
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| 44 | 44 | | or serious bodily injury to himself or another person. |
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| 45 | 45 | | (f) A peace officer or other person may not arrest the actor |
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| 46 | 46 | | before the seventh day after the date on which the offense is |
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| 47 | 47 | | committed if: |
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| 48 | 48 | | (1) the actor is a member of the family, as defined by |
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| 49 | 49 | | Section 71.003, Family Code, of the [child] young adult who |
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| 50 | 50 | | discharged the firearm; and |
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| 51 | 51 | | (2) the [child]young adult in discharging the firearm |
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| 52 | 52 | | caused the death of or serious injury to the [child]young adult. |
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| 53 | 53 | | (g) A dealer of firearms shall post in a conspicuous |
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| 54 | 54 | | position on the premises where the dealer conducts business a sign |
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| 55 | 55 | | that contains the following warning in block letters not less than |
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| 56 | 56 | | one inch in height: |
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| 57 | 57 | | "IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED |
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| 58 | 58 | | FIREARM IN A PLACE WHERE [CHILDREN] YOUNG ADULTS ARE LIKELY TO BE |
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| 59 | 59 | | AND CAN OBTAIN ACCESS TO THE FIREARM." |
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| 60 | 60 | | SECTION 2. Section 46.13, Penal Code, as amended by this |
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| 61 | 61 | | Act, applies only to an offense committed on or after the effective |
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| 62 | 62 | | date of this Act. An offense committed before the effective date of |
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| 63 | 63 | | this Act is governed by the law in effect on the date the offense was |
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| 64 | 64 | | committed, and the former law is continued in effect for that |
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| 65 | 65 | | purpose. For purposes of this section, an offense was |
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| 66 | 66 | | committedbefore the effective date of this Act if any element of the |
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| 67 | 67 | | offense occurred before that date. |
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