Bill Text: TX SB1348 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain criminal offenses concerning the unlawful transfer or purchase of certain weapons.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2013-05-19 - Committee report sent to Calendars [SB1348 Detail]
Download: Texas-2013-SB1348-Comm_Sub.html
Bill Title: Relating to certain criminal offenses concerning the unlawful transfer or purchase of certain weapons.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2013-05-19 - Committee report sent to Calendars [SB1348 Detail]
Download: Texas-2013-SB1348-Comm_Sub.html
By: West | S.B. No. 1348 | |
(In the Senate - Filed March 7, 2013; March 13, 2013, read | ||
first time and referred to Committee on Criminal Justice; | ||
April 22, 2013, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 7, Nays 0; April 22, 2013, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1348 | By: Patrick |
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relating to certain criminal offenses concerning the unlawful | ||
transfer or purchase of certain weapons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 46.06, Penal Code, is | ||
amended to read as follows: | ||
Sec. 46.06. UNLAWFUL TRANSFER OR PURCHASE OF CERTAIN | ||
WEAPONS. | ||
SECTION 2. Section 46.06, Penal Code, is amended by | ||
amending Subsections (a), (c), and (d) and adding Subsections | ||
(a-1), (e), and (f) to read as follows: | ||
(a) A person commits an offense if the person: | ||
(1) sells, rents, leases, loans, or gives a firearm | ||
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unlawfully or in the commission of an unlawful act; | ||
(2) purchases or offers to purchase a firearm with | ||
intent to deliver the firearm to a person knowing that the person to | ||
whom the firearm is to be delivered intends to use the firearm | ||
unlawfully or in the commission of an unlawful act; or | ||
(3) knowingly makes a materially false or misleading | ||
statement in providing information to a person for purposes of | ||
complying with the national instant criminal background check | ||
system in the manner required by 18 U.S.C. Section 922. | ||
(a-1) A person commits an offense if the person: | ||
(1) [ |
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leases, or gives or offers to sell, rent, lease, or give to any | ||
child younger than 18 years any firearm, club, or illegal knife; | ||
(2) [ |
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sells a firearm or ammunition for a firearm to any person who is | ||
intoxicated; | ||
(3) [ |
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a firearm to any person who has been convicted of a felony before | ||
the fifth anniversary of the later of the following dates: | ||
(A) the person's release from confinement | ||
following conviction of the felony; or | ||
(B) the person's release from supervision under | ||
community supervision, parole, or mandatory supervision following | ||
conviction of the felony; | ||
(4) [ |
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handgun to any person knowing that an active protective order is | ||
directed to the person to whom the handgun is to be delivered; or | ||
(5) [ |
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receives as a loan or gift from another a handgun while an active | ||
protective order is directed to the actor. | ||
(c) It is an affirmative defense to prosecution under | ||
Subsection (a-1)(1) [ |
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parent or the person having legal custody of the minor had given | ||
written permission for the sale or, if the transfer was other than a | ||
sale, the parent or person having legal custody had given effective | ||
consent. | ||
(d) An offense under Subsection (a) is a felony of the third | ||
degree. | ||
(e) An offense under Subsection (a-1) [ |
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Class A misdemeanor, except that an offense under Subsection | ||
(a-1)(1) [ |
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subject of the offense is a handgun. | ||
(f) To the extent of any conflict between this section and a | ||
federal law related to the unlawful transfer or purchase of | ||
weapons, the federal law prevails. | ||
SECTION 3. Subsection (a), Section 71.02, Penal Code, as | ||
amended by Chapters 68 (S.B. 934) and 223 (H.B. 260), Acts of the | ||
82nd Legislature, Regular Session, 2011, is reenacted and amended | ||
to read as follows: | ||
(a) A person commits an offense if, with the intent to | ||
establish, maintain, or participate in a combination or in the | ||
profits of a combination or as a member of a criminal street gang, | ||
the person commits or conspires to commit one or more of the | ||
following: | ||
(1) murder, capital murder, arson, aggravated | ||
robbery, robbery, burglary, theft, aggravated kidnapping, | ||
kidnapping, aggravated assault, aggravated sexual assault, sexual | ||
assault, forgery, deadly conduct, assault punishable as a Class A | ||
misdemeanor, burglary of a motor vehicle, or unauthorized use of a | ||
motor vehicle; | ||
(2) any gambling offense punishable as a Class A | ||
misdemeanor; | ||
(3) promotion of prostitution, aggravated promotion | ||
of prostitution, or compelling prostitution; | ||
(4) unlawful manufacture, transportation, repair, or | ||
sale of firearms or prohibited weapons; | ||
(5) unlawful manufacture, delivery, dispensation, or | ||
distribution of a controlled substance or dangerous drug, or | ||
unlawful possession of a controlled substance or dangerous drug | ||
through forgery, fraud, misrepresentation, or deception; | ||
(5-a) causing the unlawful delivery, dispensation, or | ||
distribution of a controlled substance or dangerous drug in | ||
violation of Subtitle B, Title 3, Occupations Code; | ||
(6) any unlawful wholesale promotion or possession of | ||
any obscene material or obscene device with the intent to wholesale | ||
promote the same; | ||
(7) any offense under Subchapter B, Chapter 43, | ||
depicting or involving conduct by or directed toward a child | ||
younger than 18 years of age; | ||
(8) any felony offense under Chapter 32; | ||
(9) any offense under Chapter 36; | ||
(10) any offense under Chapter 34, 35, or 35A; | ||
(11) any offense under Section 37.11(a); | ||
(12) any offense under Chapter 20A; | ||
(13) any offense under Section 37.10; | ||
(14) any offense under Section 38.06, 38.07, 38.09, or | ||
38.11; | ||
(15) any offense under Section 42.10; | ||
(16) any offense under Section 46.06(a) [ |
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or 46.14; [ |
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(17) any offense under Section 20.05; or | ||
(18) [ |
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the Tax Code. | ||
SECTION 4. 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 5. To the extent of any conflict, this Act prevails | ||
over another Act of the 83rd Legislature, Regular Session, 2013, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 6. This Act takes effect September 1, 2013. | ||
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