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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the possession of a firearm by a person in a |
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criminal street gang; creating a criminal offense; increasing |
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criminal penalties; changing eligibility for community |
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supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.04, Penal Code, is amended by |
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amending Subsections (a-1) and (e) and adding Subsection (a-2) to |
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read as follows: |
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(a-1) A person who is a member of a criminal street gang, as |
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defined by Section 71.01, commits an offense if the person |
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possesses a firearm [intentionally, knowingly, or recklessly |
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carries on or about his or her person a handgun in a motor vehicle or |
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watercraft]. |
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(a-2) It is an affirmative defense to prosecution under |
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Subsection (a-1) that: |
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(1) the person's information is not included in the |
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intelligence database under Chapter 67, Code of Criminal Procedure; |
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or |
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(2) the person's information is included in the |
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intelligence database under Chapter 67, Code of Criminal Procedure, |
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and a district court made a finding under Article 67.203(c) of that |
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code that: |
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(A) reasonable suspicion does not exist to |
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believe that the information is accurate; or |
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(B) inclusion of the information in the database |
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does not comply with the submission criteria under Article |
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67.054(b), Code of Criminal Procedure. |
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(e) An offense under Subsection (a) is a felony of the third |
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degree. An offense under Subsection (a-1) is a felony of the second |
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degree. An offense under Subsection [(a-1),] (b)[,] or (c) is a |
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Class A misdemeanor. |
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SECTION 2. Section 71.02(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if, with the intent to |
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establish, maintain, or participate in a combination or in the |
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profits of a combination or as a member of a criminal street gang, |
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the person commits or conspires to commit one or more of the |
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following: |
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(1) murder, capital murder, arson, aggravated |
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robbery, robbery, burglary, theft, aggravated kidnapping, |
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kidnapping, aggravated assault, aggravated sexual assault, sexual |
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assault, continuous sexual abuse of young child or disabled |
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individual, solicitation of a minor, forgery, deadly conduct, |
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assault punishable as a Class A misdemeanor, burglary of a motor |
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vehicle, or unauthorized use of a motor vehicle; |
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(2) any gambling offense punishable as a Class A |
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misdemeanor; |
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(3) promotion of prostitution, aggravated promotion |
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of prostitution, or compelling prostitution; |
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(4) unlawful manufacture, transportation, repair, or |
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sale of firearms or prohibited weapons; |
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(5) unlawful manufacture, delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug, or |
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unlawful possession of a controlled substance or dangerous drug |
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through forgery, fraud, misrepresentation, or deception; |
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(5-a) causing the unlawful delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug in |
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violation of Subtitle B, Title 3, Occupations Code; |
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(6) any unlawful wholesale promotion or possession of |
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any obscene material or obscene device with the intent to wholesale |
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promote the same; |
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(7) any offense under Subchapter B, Chapter 43, |
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depicting or involving conduct by or directed toward a child |
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younger than 18 years of age; |
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(8) any felony offense under Chapter 32; |
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(9) any offense under Chapter 36; |
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(10) any offense under Chapter 34, 35, or 35A; |
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(11) any offense under Section 37.11(a); |
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(12) any offense under Chapter 20A; |
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(13) any offense under Section 37.10; |
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(14) any offense under Section 38.06, 38.07, 38.09, or |
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38.11; |
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(15) any offense under Section 42.10; |
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(16) any offense under Section 46.04(a-1), |
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46.06(a)(1), or 46.14; |
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(17) any offense under Section 20.05 or 20.06; |
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(18) any offense under Section 16.02; or |
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(19) any offense classified as a felony under the Tax |
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Code. |
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SECTION 3. Article 42A.054(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Article 42A.053 does not apply to a defendant adjudged |
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guilty of an offense under: |
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(1) Section 15.03, Penal Code, if the offense is |
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punishable as a felony of the first degree; |
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(2) Section 19.02, Penal Code (Murder); |
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(3) Section 19.03, Penal Code (Capital Murder); |
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(4) Section 20.04, Penal Code (Aggravated |
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Kidnapping); |
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(5) Section 20A.02, Penal Code (Trafficking of |
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Persons); |
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(6) Section 20A.03, Penal Code (Continuous |
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Trafficking of Persons); |
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(7) Section 21.11, Penal Code (Indecency with a |
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Child); |
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(8) Section 22.011, Penal Code (Sexual Assault); |
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(9) Section 22.021, Penal Code (Aggravated Sexual |
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Assault); |
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(10) Section 22.04(a)(1), Penal Code (Injury to a |
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Child, Elderly Individual, or Disabled Individual), if: |
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(A) the offense is punishable as a felony of the |
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first degree; and |
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(B) the victim of the offense is a child; |
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(11) Section 29.03, Penal Code (Aggravated Robbery); |
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(12) Section 30.02, Penal Code (Burglary), if: |
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(A) the offense is punishable under Subsection |
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(d) of that section; and |
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(B) the actor committed the offense with the |
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intent to commit a felony under Section 21.02, 21.11, 22.011, |
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22.021, or 25.02, Penal Code; |
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(13) Section 43.04, Penal Code (Aggravated Promotion |
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of Prostitution); |
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(14) Section 43.05, Penal Code (Compelling |
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Prostitution); |
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(15) Section 43.25, Penal Code (Sexual Performance by |
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a Child); |
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(15-a) Section 46.04(a-1), Penal Code; |
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(16) Chapter 481, Health and Safety Code, for which |
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punishment is increased under: |
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(A) Section 481.140 of that code (Use of Child in |
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Commission of Offense); or |
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(B) Section 481.134(c), (d), (e), or (f) of that |
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code (Drug-free Zones) if it is shown that the defendant has been |
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previously convicted of an offense for which punishment was |
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increased under any of those subsections; or |
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(17) Section 481.1123, Health and Safety Code |
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(Manufacture or Delivery of Substance in Penalty Group 1-B), if the |
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offense is punishable under Subsection (d), (e), or (f) of that |
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section. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2023. |