HBA-LJP C.S.H.B. 599 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 599
By: Goodman
Criminal Jurisprudence
3/18/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law prohibits the possession of a firearm by an adult who has been
convicted of a felony, but does not extend this prohibition to juveniles.
C.S.H.B. 599 provides that a juvenile who is adjudicated as having engaged
in felony delinquent conduct commits an offense if the person possesses a
firearm. 

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. 599 amends the Penal Code to provide that a person who is
adjudicated by a juvenile court for having engaged in delinquent conduct
that is a felony and for which a juvenile court petition has been approved
by the grand jury commits an offense if the person possesses a firearm: 

_after the adjudication and before the fifth anniversary of the person's
discharge from service of sentence or release, whichever date is later,
from juvenile or adult probation, supervision, or parole; or 

_at any location other than the premises at which the person lives any time
during the period of ten years after the adjudication and before the
appropriate fifth anniversary of release or discharge. 

The bill also provides that the juvenile court petition follow the
provisions set forth for a violent or habitual offender. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 599 modifies the original by creating an additional subsection in
the bill to more clearly distinguish between the offenses of unlawful
possession of a firearm by a person who has been convicted of a felony and
a person who has been adjudicated by a juvenile court for certain
delinquent behavior.  The substitute also sets forth the time period for
which it is unlawful for the person who has been adjudicated by the
juvenile court to possess a firearm.