Bill Text: TX HB3435 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to creating the criminal offense of making a firearm accessible to a detained person.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2023-04-18 - Left pending in committee [HB3435 Detail]
Download: Texas-2023-HB3435-Introduced.html
| 88R13660 SHH-F | ||
| By: Reynolds | H.B. No. 3435 | |
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| relating to creating the criminal offense of making a firearm | ||
| accessible to a detained person. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 46, Penal Code, is amended by adding | ||
| Section 46.131 to read as follows: | ||
| Sec. 46.131. MAKING A FIREARM ACCESSIBLE TO A DETAINED | ||
| PERSON. (a) In this section: | ||
| (1) "Detained person" means a person who is detained | ||
| in a mental health facility or hospital after being apprehended by a | ||
| peace officer under Section 573.001, Health and Safety Code. | ||
| (2) "Readily dischargeable firearm" has the meaning | ||
| assigned by Section 46.13. | ||
| (3) "Secure" means to take steps that a reasonable | ||
| person would take to prevent the access to a readily dischargeable | ||
| firearm by a detained person, including placing a firearm in a | ||
| locked container or temporarily rendering the firearm inoperable by | ||
| a trigger lock or other means. | ||
| (b) A person commits an offense if a detained person gains | ||
| access to a readily dischargeable firearm and the person with | ||
| criminal negligence: | ||
| (1) failed to secure the firearm; or | ||
| (2) left the firearm in a place to which the person | ||
| knew or should have known the detained person would gain access. | ||
| (c) It is an affirmative defense to prosecution under this | ||
| section that the detained person's access to the firearm was gained | ||
| by entering property in violation of this code. | ||
| (d) An offense under this section is a Class A misdemeanor, | ||
| except that the offense is: | ||
| (1) a state jail felony if the detained person | ||
| discharges the firearm; | ||
| (2) a felony of the third degree if the detained | ||
| person: | ||
| (A) discharges the firearm and causes bodily | ||
| injury to any individual, including the detained person; or | ||
| (B) threatens another individual with imminent | ||
| bodily injury while displaying the firearm; or | ||
| (3) a felony of the second degree if the detained | ||
| person discharges the firearm and causes death or serious bodily | ||
| injury to any individual, including the detained person. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
