Covers certain Class A misdemeanor assaults, now including dating partners.
The bill widens an existing Texas rule that bars people convicted of certain Class A misdemeanor assaults from possessing a firearm for five years after release from jail or probation. Today the rule covers assaults against family or household members; the bill instead points to Family Code definitions that cover dating relationships, family, and household members. Starting September 1, 2025, more people convicted of these assaults would commit an offense if they possess a gun during that five-year window.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R SB 1172 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 1172 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Jan 15, 2025 and referred to the Senate State Affairs committee. No public hearing. The bill died.
relating to the prohibition on the possession of a firearm by a
person following the person's conviction of certain family violence
misdemeanors.
WHAT IT DOES
Covers certain Class A misdemeanor assaults, now including dating partners.
The bill widens an existing Texas rule that bars people convicted of certain Class A misdemeanor assaults from possessing a firearm for five years after release from jail or probation. Today the rule covers assaults against family or household members; the bill instead points to Family Code definitions that cover dating relationships, family, and household members. Starting September 1, 2025, more people convicted of these assaults would commit an offense if they possess a gun during that five-year window.
89R1409 MCF-D
By: Alvarado
S.B. No. 793
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition on the possession of a firearm by a
person following the person's conviction of certain family violence
misdemeanors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.04(b), Penal Code, is amended to read
as follows:
(b) A person who has been convicted of an offense under
Section 22.01, punishable as a Class A misdemeanor and committed
against an individual whose relationship to or association with the
person is described by Section 71.0021(b), 71.003, or 71.005,
Family Code [ involving a member of the person's family or
household ], commits an offense if the person possesses a firearm
before the fifth anniversary of the later of:
(1) the date of the person's release from confinement
following conviction of the misdemeanor; or
(2) the date of the person's release from community
supervision following conviction of the misdemeanor.
SECTION 2. 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 was
committed before that date.
SECTION 3. This Act takes effect September 1, 2025.