Bill Text: TX HB452 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the punishment prescribed for engaging in certain acts of deadly conduct.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-23 - Left pending in committee [HB452 Detail]
Download: Texas-2013-HB452-Introduced.html
83R1866 PEP-D | ||
By: Dukes | H.B. No. 452 |
|
||
|
||
relating to the punishment prescribed for engaging in certain acts | ||
of deadly conduct. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 22.05, Penal Code, is amended by adding | ||
Subsection (a-1) and amending Subsections (b) and (e) to read as | ||
follows: | ||
(a-1) A person commits an offense if the person knowingly | ||
discharges a firearm at or in the direction of a habitation, | ||
building, or vehicle and is reckless as to whether the habitation, | ||
building, or vehicle is occupied. | ||
(b) A person commits an offense if the person [ |
||
discharges a firearm at or in the direction of: | ||
(1) one or more individuals; or | ||
(2) a habitation, building, or vehicle with knowledge | ||
that [ |
||
vehicle is occupied. | ||
(e) An offense under Subsection (a) is a Class A | ||
misdemeanor. An offense under Subsection (a-1) is a felony of the | ||
third degree. An offense under Subsection (b) is a felony of the | ||
second [ |
||
SECTION 2. Section 53.045(a), Family Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection (e), the prosecuting | ||
attorney may refer the petition to the grand jury of the county in | ||
which the court in which the petition is filed presides if the | ||
petition alleges that the child engaged in delinquent conduct that | ||
constitutes habitual felony conduct as described by Section 51.031 | ||
or that included the violation of any of the following provisions: | ||
(1) Section 19.02, Penal Code (murder); | ||
(2) Section 19.03, Penal Code (capital murder); | ||
(3) Section 19.04, Penal Code (manslaughter); | ||
(4) Section 20.04, Penal Code (aggravated | ||
kidnapping); | ||
(5) Section 22.011, Penal Code (sexual assault) or | ||
Section 22.021, Penal Code (aggravated sexual assault); | ||
(6) Section 22.02, Penal Code (aggravated assault); | ||
(7) Section 29.03, Penal Code (aggravated robbery); | ||
(8) Section 22.04, Penal Code (injury to a child, | ||
elderly individual, or disabled individual), if the offense is | ||
punishable as a felony, other than a state jail felony; | ||
(9) Section 22.05(a-1) or (b) [ |
||
(felony deadly conduct involving discharging a firearm); | ||
(10) Subchapter D, Chapter 481, Health and Safety | ||
Code, if the conduct constitutes a felony of the first degree or an | ||
aggravated controlled substance felony (certain offenses involving | ||
controlled substances); | ||
(11) Section 15.03, Penal Code (criminal | ||
solicitation); | ||
(12) Section 21.11(a)(1), Penal Code (indecency with a | ||
child); | ||
(13) Section 15.031, Penal Code (criminal | ||
solicitation of a minor); | ||
(14) Section 15.01, Penal Code (criminal attempt), if | ||
the offense attempted was an offense under Section 19.02, Penal | ||
Code (murder), or Section 19.03, Penal Code (capital murder), or an | ||
offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal | ||
Procedure; | ||
(15) Section 28.02, Penal Code (arson), if bodily | ||
injury or death is suffered by any person by reason of the | ||
commission of the conduct; | ||
(16) Section 49.08, Penal Code (intoxication | ||
manslaughter); or | ||
(17) Section 15.02, Penal Code (criminal conspiracy), | ||
if the offense made the subject of the criminal conspiracy includes | ||
a violation of any of the provisions referenced in Subdivisions (1) | ||
through (16). | ||
SECTION 3. 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 when 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 4. This Act takes effect September 1, 2013. |