HB4828 - Relating to the prosecution and reporting of certain offenses committed because of bias or prejudice; creating a criminal offense.

  89R5328 MCF-D     By: González of Dallas H.B. No. 4828       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution and reporting of certain offenses   committed because of bias or prejudice; creating a criminal   offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 2A.211, Code of Criminal Procedure, is   amended by amending Subsection (b) and adding Subsection (c) to   read as follows:          (b)   If an affirmative finding was entered in the judgment in   the case as described by Subsection (a), the clerk shall provide   notice of the finding to the appropriate local law enforcement   agency to enable entry of the information into the National Crime   Information Center and Texas Crime Information Center.   The agency   receiving the notice promptly shall enter the information into the   databases.           (c)   The clerk shall make a [ the ] report or provide a notice   required by this article [ Subsection (a) ] not later than the 30th   day after the date the judgment is entered in the case.          SECTION 2.  Section 46.04, Penal Code, is amended by adding   Subsections (a-2) and (h) and amending Subsection (e) to read as   follows:           (a-2)     A person who has been convicted of an offense under   Section 22.01, 22.011, 22.02, 22.021, 22.04, 22.05, 22.07, 22.11,   28.02, or 28.03 for which the judgment contains an affirmative   finding under Article 42.014, Code of Criminal Procedure, commits   an offense if the person possesses a firearm before the fifth   anniversary of the later of:                 (1)     the date of the person's release from confinement   following the conviction; or                 (2)     the date of the person's release from supervision   under community supervision, parole, or mandatory supervision, as   applicable.          (e)  An offense under this section is a Class A misdemeanor,   except that an offense under Subsection (a) or (a-2) is a felony of   the third degree. [ An offense under Subsection (a-1), (b), or (c) is   a Class A misdemeanor. ]           (h)     If conduct that constitutes an offense under Subsection   (a-2) also constitutes an offense under Subsection (a), the actor   may be prosecuted under Subsection (a) or (a-2), but not both.   If   conduct that constitutes an offense under Subsection (a-2) also   constitutes an offense under Subsection (b), the actor may be   prosecuted under Subsection (a-2) or (b), but not both.          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.