HBA-AMW H.B. 1332 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1332
By: Giddings
Criminal Jurisprudence
3/15/2001
Introduced



BACKGROUND AND PURPOSE 

In 1998, people age 25 and younger committed 57 percent of all gun
homicides for which the age of the offender was known and juvenile
offenders accounted for 12 percent of these homicides.  Current law does
not prohibit a person under the age of 21 from possessing a handgun and,
instead of holding the individual accountable, many federal and state gun
possession laws focus on regulating gun dealers.  House Bill 1332 prohibits
the unlawful possession of a handgun by an underage person and provides
criminal penalties for certain weapons offenses involving underage persons.

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. 

ANALYSIS

House Bill 1332 amends the Penal Code to provide that a person commits a
Class A misdemeanor if the person is younger than 21 years of age and
possesses a handgun.  The bill provides that a person commits an offense if
the person with criminal negligence, rather than intentionally or
knowingly, sells, rents, leases, or gives or offers to sell, rent, lease,
or give a firearm, club, or illegal knife to a person [(unlawful transfer
of certain weapons)] who is younger than 18 years of age or, if the weapon
that is the subject of the offense is a handgun, younger than 21 years of
age.  The bill also provides that it is an offense if the unlawful transfer
of certain weapons is to a person who the actor knows or should know
intends to deliver the firearm, club, or illegal knife to a person who is
younger than 18 years of age or, if the weapon that is the subject of the
offense is a handgun, younger than 21 years of age.  The bill provides that
it is an affirmative defense to prosecution for such offenses that the
transfer of the weapon was to a parent or another having legal custody of
the person for whom the weapon is purchased, rented, leased, or accepted. 

EFFECTIVE DATE

September 1, 2001.