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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the reckless discharge of a firearm; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 22, Penal Code, is amended by adding |
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Section 22.055 to read as follows: |
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Sec. 22.055. RECKLESS DISCHARGE OF FIREARM. (a) In this |
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section: |
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(1) "Blanks" means ammunition for a firearm that lacks |
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shot, a bullet, or other projectile. |
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(2) "Hunting" means to hunt, as defined by Section |
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1.101, Parks and Wildlife Code. |
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(3) "Wildlife" has the meaning assigned by Section |
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43.103, Parks and Wildlife Code. |
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(b) A person commits an offense if the person knowingly |
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discharges a firearm and is reckless in regard to lacking a |
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reasonable target at the time of discharge. |
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(c) An offense under Subsection (b) is a Class A |
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misdemeanor, except that the offense is a felony of the first degree |
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if it is shown on the trial of the offense that any person other than |
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the actor suffered serious bodily injury or death as a result of the |
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commission of the offense. |
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(d) It is a defense to prosecution under this section that |
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the person discharged the firearm: |
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(1) at a sport shooting range, as defined by Section |
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250.001, Local Government Code; |
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(2) while hunting wildlife as licensed, permitted, or |
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otherwise authorized by the Parks and Wildlife Department; or |
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(3) while the firearm was loaded with blanks. |
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(e) If conduct that constitutes an offense under this |
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section also constitutes an offense under another section of this |
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code, the actor may be prosecuted under this section or the other |
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section of this code. |
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SECTION 2. This Act takes effect December 1, 2017. |