HBA-ATS H.B. 200 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 200
By: Burnam
Criminal Jurisprudence
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, it is a Class A misdemeanor for a person to sell, rent,
lease, loan, or give a handgun to a person whose intent to use the handgun
unlawfully is known by the seller or giver.  It is also a Class A
misdemeanor for a person intentionally or knowingly to sell, rent, lease,
or give a firearm (other than a handgun), club, or illegal knife to a
person younger than age 18.  However, current law provides an affirmative
defense to prosecution for a person who sold a prohibited weapon to a child
if that person had written permission from the child's parent or legal
guardian. An affirmative defense also exists for a person who rented,
leased, or gave a prohibited weapon to a child if the parent or legal
guardian had given effective consent. 

H.B. 200 removes the affirmative defense to prosecution for a sale, rental,
or lease of a prohibited weapon to a person younger than age 18, but keeps
intact the defense that the firearm was given to the child with the
effective consent of the parent or legal guardian.  The bill makes the
sale, rental, or lease of a firearm, club, or illegal knife to a person
younger than age 18 a third degree felony. Additionally, this bill makes it
a third degree felony to sell, rent, lease, or give a firearm to a person
who intends to use it illegally.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 46.06(a), (c), and (d), Penal Code, as follows:

(a)(1)  Substitutes the word "firearm" for the word "handgun."  Provides
that a person commits a felony of the third degree if the person sells,
rents, leases, loans, or gives a firearm to any person knowing that the
person to whom the firearm is to be delivered intends to use it unlawfully
or in the commission of an unlawful act. 

(c)  Provides that unless the transfer of a firearm, club, or illegal knife
is by sale, rent, or lease, it is an affirmative defense to prosecution
under Subsection (a)(2) that the transfer was to a minor whose parent or
the person having legal custody of the minor had given effective consent
for the transfer.  Omits the requirement that written permission be given
for the sale or transfer of the firearm, club, or illegal knife in order to
constitute an affirmative defense. 

(d)  Provides that an offense under Subsection (a)(1) is a felony of the
third degree rather than a Class A misdemeanor.  Provides that an offense
under Subsection (a)(2) is a Class A misdemeanor except that the offense is
a felony of the third degree, not a state jail felony, if the weapon that
is the subject of the offense is a firearm rather than a handgun.  Provides
that an offense under Subsection (a)(3), (4), (5), or (6) is a Class A
misdemeanor.  Makes conforming changes. 

SECTION 2.  Makes application of this Act prospective.  

SECTION 3.  Effective date: September 1, 1999.
 
SECTION 4.  Emergency clause.