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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 unlawful transfer of a |
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firearm. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.06, Penal Code, is amended by |
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amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) A person commits an offense if the person: |
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(1) sells, rents, leases, loans, or gives a handgun to |
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any person knowing that the person to whom the handgun is to be |
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delivered intends to use it unlawfully or in the commission of an |
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unlawful act; |
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(2) intentionally or knowingly sells, rents, leases, |
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or gives or offers to sell, rent, lease, or give to any child |
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younger than 18 years any firearm, club, or illegal knife; |
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(3) intentionally, knowingly, or recklessly sells a |
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firearm or ammunition for a firearm to any person who is |
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intoxicated; |
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(4) knowingly sells a firearm or ammunition for a |
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firearm to any person who has been convicted of a felony before the |
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fifth anniversary of the later of the following dates: |
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(A) the person's release from confinement |
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following conviction of the felony; or |
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(B) the person's release from supervision under |
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community supervision, parole, or mandatory supervision following |
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conviction of the felony; |
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(5) sells, rents, leases, loans, or gives a handgun to |
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any person knowing that an active protective order is directed to |
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the person to whom the handgun is to be delivered; [or] |
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(6) knowingly purchases, rents, leases, or receives as |
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a loan or gift from another a handgun while an active protective |
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order is directed to the actor; or |
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(7) knowingly sells, rents, leases, loans, or gives a |
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firearm to a person who the actor knows, or has reasonable cause to |
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believe, is: |
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(A) a person receiving inpatient mental health |
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services by order of a court under Chapter 574, Health and Safety |
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Code; |
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(B) a person who has been acquitted in a criminal |
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case by reason of insanity or lack of mental responsibility, |
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regardless of whether the person was ordered by a court to receive |
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inpatient treatment or residential care under Chapter 46C, Code of |
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Criminal Procedure; |
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(C) a person who has been determined to have an |
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intellectual disability and committed by a court for long-term |
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placement in a residential care facility under Chapter 593, Health |
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and Safety Code; |
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(D) an incapacitated adult for whom a court has |
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appointed a guardian of the person under Title 3, Estates Code, |
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based on a determination that the person lacks the mental capacity |
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to manage the person's affairs; or |
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(E) a person determined to be incompetent to |
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stand trial under Chapter 46B, Code of Criminal Procedure. |
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(e) It is a defense to prosecution under Subsection (a)(7) |
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that the transfer is to a person who: |
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(1) is the subject of a judicial order or finding that |
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the person is no longer an incapacitated adult or is entitled to |
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relief from disabilities under Section 574.088, Health and Safety |
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Code; or |
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(2) has obtained notice of relief from disabilities |
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under 18 U.S.C. Section 925. |
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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, 2017. |