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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 46.13(a) and (b), Penal Code, are |
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amended to read as follows: |
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(a) In this section: |
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(1) "Child" means a person younger than 18 [17] years |
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of age. |
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(2) ["Readily dischargeable firearm" means a firearm |
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that is loaded with ammunition, whether or not a round is in the |
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chamber. |
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[(3)] "Secure" means to take steps that a reasonable |
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person would take to prevent the access to a [readily |
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dischargeable] firearm by a child, including [but not limited to] |
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placing a firearm in a locked container or temporarily rendering |
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the firearm inoperable by a trigger lock or other means. |
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(b) A person commits an offense if a child gains access to a |
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[readily dischargeable] firearm and the person with criminal |
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negligence: |
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(1) failed to secure the firearm; or |
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(2) left the firearm in a place to which the person |
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knew or should have known the child would gain access. |
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SECTION 2. 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 3. This Act takes effect September 1, 2023. |