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.