HB889 - Relating to the prosecution and punishment of the offense of making a firearm accessible to a child; increasing a criminal penalty.

  89R4513 CJD-D     By: Moody H.B. No. 889       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution and punishment of the offense of making   a firearm accessible to a child; increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 46.13(a)(1), Penal Code, is amended to   read as follows:                (1)  "Child" means a person younger than 18 [ 17 ] years   of age.          SECTION 2.  Section 46.13, Penal Code, is amended by   amending Subsections (c), (d), and (e) and adding Subsections (c-1)   and (e-1) to read as follows:          (c)  It is an affirmative defense to prosecution under this   section that the child's access to the firearm:                (1)  [ was supervised by a person older than 18 years of   age and was for hunting, sporting, or other lawful purposes;                [ (2) ]  consisted of lawful defense by the child of   people or property;                 (2)  [ (3) ]  was gained by entering property in violation   of this code; or                 (3)  [ (4) ]  occurred during a time when the actor was   engaged in an agricultural enterprise.           (c-1)     It is an exception to the application of this section   that the child's access to the firearm was:                 (1)  authorized by the child's parent or guardian; and                 (2)  for hunting, sporting, or other lawful purposes.          (d)  Except as provided by Subsections [ Subsection ] (e) and   (e-1) , an offense under this section is a Class C misdemeanor.          (e)  An offense under this section is a Class A misdemeanor   if the child discharges the firearm and causes death or serious   bodily injury to the child [ himself ] or another person who resides   with the child .           (e-1)     An offense under this section is a felony of the third   degree if the child discharges the firearm and causes death or   serious bodily injury to another person who does not reside with the   child.          SECTION 3.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 4.  This Act takes effect September 1, 2025.