| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the unlawful possession of a firearm by persons |
|
|
convicted of certain misdemeanor offenses in this state. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 46.04(b) and (d), Penal Code, are |
|
|
amended to read as follows: |
|
|
(b) A person who has been convicted of an offense under |
|
|
Section 22.01, punishable as a Class A misdemeanor and involving a |
|
|
member of the person's family or household, or of a violent |
|
|
misdemeanor commits an offense if the person possesses a firearm |
|
|
before the fifth anniversary of the later of: |
|
|
(1) the date of the person's release from confinement |
|
|
following conviction of the misdemeanor; or |
|
|
(2) the date of the person's release from community |
|
|
supervision following conviction of the misdemeanor. |
|
|
(d) In this section: |
|
|
(1) "Family,"[, "family,"] "household," and "member |
|
|
of a household" have the meanings assigned by Chapter 71, Family |
|
|
Code. |
|
|
(2) "Violent misdemeanor" means an offense under the |
|
|
laws of this state that is punishable as a misdemeanor and that has |
|
|
as an element the use, attempted use, or threatened use of force |
|
|
against any person. |
|
|
SECTION 2. 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 3. This Act takes effect September 1, 2023. |