gang members carrying any firearm during listed offenses

The text as introduced · 322 words

89R6181 JSC-F

By: West
S.B. No. 809

A BILL TO BE ENTITLED

AN ACT

relating to the carrying of a firearm by a person who is a member of

a criminal street gang; increasing a criminal penalty.

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

SECTION 1. Sections 46.04(a-1) and (e), Penal Code, are

amended to read as follows:

(a-1) A person who is a member of a criminal street gang, as

defined by Section 71.01, commits an offense if the person :

(1) intentionally, knowingly, or recklessly carries

on or about his or her person a firearm; and

(2) is engaged in conduct constituting an offense that

is a Class B misdemeanor or any higher category of offense:

(A) listed in Article 42A.054(a), Code of

Criminal Procedure;

(B) listed in Section 71.02(a) of this code;

(C) under Title 5, 6, or 7 of this code;

(D) under Subchapter D, Chapter 481, Health and

Safety Code; or

(E) during the commission of which or during the

immediate flight from the commission of which the firearm or other

deadly weapon was used or exhibited [ handgun in a motor vehicle or

watercraft ].

(e) An offense under Subsection (a) or (a-1) is a felony of

the third degree. An offense under Subsection [ (a-1), ] (b)[ , ] or

(c) is a Class A 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 occurred

before that date.

SECTION 3. This Act takes effect September 1, 2025.