HBA-BSM, AMW C.S.H.B. 1796 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1796
By: Flores
Criminal Jurisprudence
4/12/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

There have been numerous recent instances of gun tragedies involving minors
in the United States.  During 1997, 4,223 children and teenagers were
killed by firearms.  Under current law, the penalty for making a firearm
accessible to a child is a Class C misdemeanor.  In an effort to provide a
stronger deterrent against adults allowing children access to firearms,
C.S.H.B. 1976 increases the penalty to a Class A misdemeanor offense for
making a loaded firearm accessible to children, and in such cases that
result in death or serious injury, the punishment is increased to a state
jail felony. 

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

C.S.H.B. 1796 amends the Penal Code to increase the penalty from a Class C
misdemeanor to a Class A misdemeanor for the offense of making a firearm
accessible to a child, and increases the penalty for this offense from a
Class A misdemeanor to a state jail felony if the child discharges the
firearm and causes death or serious bodily injury to the child or another
person.  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1796 differs from the original bill by providing that the penalty
for the offense of making a firearm accessible to a child is a Class A
misdemeanor, rather than a state jail felony.  The substitute also differs
from the original bill by providing that the penalty for this offense is a
state jail felony, rather than a third degree felony, if the child
discharges the firearm and causes death or serious bodily injury to the
child or another person.