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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the criminal offense of making a firearm |
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accessible to a detained person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 46, Penal Code, is amended by adding |
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Section 46.131 to read as follows: |
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Sec. 46.131. MAKING A FIREARM ACCESSIBLE TO A DETAINED |
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PERSON. (a) In this section: |
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(1) "Detained person" means a person who is detained |
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in a mental health facility or hospital after being apprehended by a |
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peace officer under Section 573.001, Health and Safety Code. |
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(2) "Readily dischargeable firearm" has the meaning |
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assigned by Section 46.13. |
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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 dischargeable |
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firearm by a detained person, including placing a firearm in a |
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locked container or temporarily rendering the firearm inoperable by |
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a trigger lock or other means. |
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(b) A person commits an offense if a detained person gains |
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access to a readily dischargeable firearm and the person with |
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criminal 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 detained person would gain access. |
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(c) It is an affirmative defense to prosecution under this |
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section that the detained person's access to the firearm was gained |
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by entering property in violation of this code. |
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(d) An offense under this section is a Class A misdemeanor, |
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except that the offense is: |
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(1) a state jail felony if the detained person |
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discharges the firearm; |
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(2) a felony of the third degree if the detained |
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person: |
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(A) discharges the firearm and causes bodily |
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injury to any individual, including the detained person; or |
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(B) threatens another individual with imminent |
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bodily injury while displaying the firearm; or |
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(3) a felony of the second degree if the detained |
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person discharges the firearm and causes death or serious bodily |
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injury to any individual, including the detained person. |
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SECTION 2. This Act takes effect September 1, 2023. |