89R6181 JSC-F
By: West S.B. No. 809
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of a firearm by a person who is a member of
a criminal street gang; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 46.04(a-1) and (e), Penal Code, are
amended to read as follows:
(a-1) A person who is a member of a criminal street gang, as
defined by Section 71.01, commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries
on or about his or her person a firearm; and
(2) is engaged in conduct constituting an offense that
is a Class B misdemeanor or any higher category of offense:
(A) listed in Article 42A.054(a), Code of
Criminal Procedure;
(B) listed in Section 71.02(a) of this code;
(C) under Title 5, 6, or 7 of this code;
(D) under Subchapter D, Chapter 481, Health and
Safety Code; or
(E) during the commission of which or during the
immediate flight from the commission of which the firearm or other
deadly weapon was used or exhibited [handgun in a motor vehicle or
watercraft].
(e) An offense under Subsection (a) or (a-1) is a felony of
the third degree. An offense under Subsection [(a-1),] (b)[,] or
(c) is a Class A misdemeanor.
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, 2025.