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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of making a firearm |
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accessible to a child; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.13(a)(1), Penal Code, is amended to |
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read as follows: |
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(1) "Child" means a person younger than 18 [17] years |
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of age. |
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SECTION 2. Section 46.13, Penal Code, is amended by |
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amending Subsections (c), (d), and (e) and adding Subsections (c-1) |
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and (e-1) to read as follows: |
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(c) It is an affirmative defense to prosecution under this |
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section that the child's access to the firearm: |
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(1) [was supervised by a person older than 18 years of
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age and was for hunting, sporting, or other lawful purposes;
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[(2)] consisted of lawful defense by the child of |
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people or property; |
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(2) [(3)] was gained by entering property in violation |
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of this code; or |
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(3) [(4)] occurred during a time when the actor was |
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engaged in an agricultural enterprise. |
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(c-1) It is an exception to the application of this section |
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that the child's access to the firearm was authorized by the child's |
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parent or guardian and was for hunting, sporting, or other lawful |
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purposes. |
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(d) Except as provided by Subsections [Subsection] (e) and |
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(e-1), an offense under this section is a Class C misdemeanor. |
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(e) An offense under this section is a Class A misdemeanor |
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if the child discharges the firearm and causes death or serious |
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bodily injury to himself or another person who resides with the |
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child. |
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(e-1) An offense under this section is a felony of the third |
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degree if the child discharges the firearm and causes death or |
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serious bodily injury to another person who does not reside with the |
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child. |
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SECTION 3. 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 4. This Act takes effect September 1, 2019. |