| 1 | 1 | | 89R6181 JSC-F |
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| 2 | 2 | | By: West S.B. No. 809 |
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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 carrying of a firearm by a person who is a member of |
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| 10 | 10 | | a criminal street gang; increasing a criminal penalty. |
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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. Sections 46.04(a-1) and (e), Penal Code, are |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (a-1) A person who is a member of a criminal street gang, as |
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| 15 | 15 | | defined by Section 71.01, commits an offense if the person: |
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| 16 | 16 | | (1) intentionally, knowingly, or recklessly carries |
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| 17 | 17 | | on or about his or her person a firearm; and |
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| 18 | 18 | | (2) is engaged in conduct constituting an offense that |
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| 19 | 19 | | is a Class B misdemeanor or any higher category of offense: |
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| 20 | 20 | | (A) listed in Article 42A.054(a), Code of |
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| 21 | 21 | | Criminal Procedure; |
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| 22 | 22 | | (B) listed in Section 71.02(a) of this code; |
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| 23 | 23 | | (C) under Title 5, 6, or 7 of this code; |
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| 24 | 24 | | (D) under Subchapter D, Chapter 481, Health and |
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| 25 | 25 | | Safety Code; or |
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| 26 | 26 | | (E) during the commission of which or during the |
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| 27 | 27 | | immediate flight from the commission of which the firearm or other |
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| 28 | 28 | | deadly weapon was used or exhibited [handgun in a motor vehicle or |
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| 29 | 29 | | watercraft]. |
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| 30 | 30 | | (e) An offense under Subsection (a) or (a-1) is a felony of |
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| 31 | 31 | | the third degree. An offense under Subsection [(a-1),] (b)[,] or |
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| 32 | 32 | | (c) is a Class A misdemeanor. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to an offense committed on or after the effective date of this Act. |
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| 35 | 35 | | An offense committed before the effective date of this Act is |
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| 36 | 36 | | governed by the law in effect on the date the offense was committed, |
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| 37 | 37 | | and the former law is continued in effect for that purpose. For |
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| 38 | 38 | | purposes of this section, an offense was committed before the |
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| 39 | 39 | | effective date of this Act if any element of the offense occurred |
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| 40 | 40 | | before that date. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2025. |
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