| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the prosecution of the offense of making a firearm |
|
|
accessible to a child; increasing a criminal penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 46.13(a)(1), Penal Code, is amended to |
|
|
read as follows: |
|
|
(1) "Child" means a person younger than 18 [17] years |
|
|
of age. |
|
|
SECTION 2. Section 46.13, Penal Code, is amended by |
|
|
amending Subsections (c), (d), and (e) and adding Subsections (c-1) |
|
|
and (e-1) to read as follows: |
|
|
(c) It is an affirmative defense to prosecution under this |
|
|
section that the child's access to the firearm: |
|
|
(1) [was supervised by a person older than 18 years of |
|
|
age and was for hunting, sporting, or other lawful purposes; |
|
|
[(2)] consisted of lawful defense by the child of |
|
|
people or property; |
|
|
(2) [(3)] was gained by entering property in violation |
|
|
of this code; or |
|
|
(3) [(4)] occurred during a time when the actor was |
|
|
engaged in an agricultural enterprise. |
|
|
(c-1) It is an exception to the application of this section |
|
|
that the child's access to the firearm was authorized by the child's |
|
|
parent or guardian and was for hunting, sporting, or other lawful |
|
|
purposes. |
|
|
(d) Except as provided by Subsections [Subsection] (e) and |
|
|
(e-1), an offense under this section is a Class C misdemeanor. |
|
|
(e) An offense under this section is a Class A misdemeanor |
|
|
if the child discharges the firearm and causes death or serious |
|
|
bodily injury to himself or another person who resides with the |
|
|
child. |
|
|
(e-1) An offense under this section is a felony of the third |
|
|
degree if the child discharges the firearm and causes death or |
|
|
serious bodily injury to another person who does not reside with the |
|
|
child. |
|
|
SECTION 3. 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 4. This Act takes effect September 1, 2021. |