bill raising the child age in the gun-access offense

The text as introduced · 412 words

89R4513 CJD-D

By: Moody
H.B. No. 889

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution and punishment of the offense of making

a firearm accessible to a child; increasing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 46.13(a)(1), Penal Code, is amended to

read as follows:

(1) "Child" means a person younger than 18 [ 17 ] years

of age.

SECTION 2. Section 46.13, Penal Code, is amended by

amending Subsections (c), (d), and (e) and adding Subsections (c-1)

and (e-1) to read as follows:

(c) It is an affirmative defense to prosecution under this

section that the child's access to the firearm:

(1) [ was supervised by a person older than 18 years of

age and was for hunting, sporting, or other lawful purposes;

[ (2) ] consisted of lawful defense by the child of

people or property;

(2) [ (3) ] was gained by entering property in violation

of this code; or

(3) [ (4) ] occurred during a time when the actor was

engaged in an agricultural enterprise.

(c-1) It is an exception to the application of this section

that the child's access to the firearm was:

(1) authorized by the child's parent or guardian; and

(2) for hunting, sporting, or other lawful purposes.

(d) Except as provided by Subsections [ Subsection ] (e) and

(e-1) , an offense under this section is a Class C misdemeanor.

(e) An offense under this section is a Class A misdemeanor

if the child discharges the firearm and causes death or serious

bodily injury to the child [ himself ] or another person who resides

with the child .

(e-1) An offense under this section is a felony of the third

degree if the child discharges the firearm and causes death or

serious bodily injury to another person who does not reside with the

child.

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 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 4. This Act takes effect September 1, 2025.