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A BILL TO BE ENTITLED
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AN ACT
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relating to the unlawful possession of a firearm by persons |
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convicted of offenses committed because of bias or prejudice or of |
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certain felony offenses; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.04, Penal Code, is amended by adding |
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Subsections (a-1) and (h) and amending Subsection (e) to read as |
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follows: |
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(a-1) A person commits an offense if the person possesses a |
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firearm at any time after the person has been convicted of: |
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(1) an offense for which the judgment contains an |
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affirmative finding under Article 42.014, Code of Criminal |
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Procedure; or |
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(2) a felony under: |
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(A) Section 19.02; |
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(B) Section 19.03; |
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(C) Chapter 20; |
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(D) Chapter 20A; |
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(E) Section 22.01; |
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(F) Section 22.011; |
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(G) Section 22.02; |
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(H) Section 22.021; |
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(I) Section 22.04; |
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(J) Section 22.041; |
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(K) Section 25.07; |
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(L) Section 25.071; |
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(M) Section 25.072; |
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(N) Section 29.02; |
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(O) Section 29.03; or |
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(P) Section 42.072. |
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(e) An offense under Subsection (a) or (a-1) is a felony of |
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the third degree. An offense under Subsection (b) or (c) is a Class |
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A misdemeanor. |
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(h) If conduct that constitutes an offense under Subsection |
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(a-1) also constitutes an offense under Subsection (a), the actor |
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may be prosecuted under Subsection (a) or (a-1), but not both. If |
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conduct that constitutes an offense under Subsection (a-1) also |
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constitutes an offense under Subsection (b), the actor may be |
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prosecuted under Subsection (a-1) or (b), but not both. |
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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, 2021. |