HBA-AMW H.B. 369 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 369 By: Hinojosa Criminal Jurisprudence 2/23/2001 Introduced BACKGROUND AND PURPOSE Although many states are strengthening gun laws in an attempt to deter the use of firearms in the commission of crimes, criminals are continuing to use firearms while committing crimes. House Bill 369 creates the offense of knowingly using, carrying, or exhibiting a firearm during the commission of certain offenses, adds a five-year sentence to the sentence imposed for the underlying offense, and excludes a person convicted of this offense from deferred adjudication, community supervision, and eligibility for release on parole. 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 369 amends the Penal Code, Code of Criminal Procedure, and Government Code to create the offense of knowingly using, carrying, or exhibiting a firearm during the commission of any offense other than a weapons offense and adds provisions relating to the sentencing of a defendant convicted of this offense. The bill provides that this offense is punishable by imprisonment for a term of five years. The bill requires a judge to order the term to commence immediately on completion of the sentence for the underlying offense alleged and proven as an element of this offense. The bill also excludes a person that commits this offense from deferred adjudication, judge ordered community supervision, and jury recommended community supervision and provides that a person convicted of this offense is not eligible for release on parole. EFFECTIVE DATE September 1, 2001.