|
|
|
|
By: Dutton (Senate Sponsor - Menéndez) |
H.B. No. 2880 |
|
(In the Senate - Received from the House May 8, 2017; |
|
May 10, 2017, read first time and referred to Committee on Criminal |
|
Justice; May 19, 2017, reported favorably by the following vote: |
|
Yeas 8, Nays 0; May 19, 2017, sent to printer.) |
Click here to see the committee vote |
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the criminal punishment for the threatened exhibition |
|
or use of a firearm in or on school property or on a school bus. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 37.125, Education Code, is amended to |
|
read as follows: |
|
Sec. 37.125. EXHIBITION, USE, OR THREAT OF EXHIBITION OR |
|
USE OF FIREARMS. (a) A person commits an offense if, in a manner |
|
intended to cause alarm or personal injury to another person or to |
|
damage school property, the person intentionally: |
|
(1) exhibits or [,] uses[, or threatens to exhibit or
|
|
use] a firearm: |
|
(A) [(1)] in or on any property, including a |
|
parking lot, parking garage, or other parking area, that is owned by |
|
a private or public school; or |
|
(B) [(2)] on a school bus being used to transport |
|
children to or from school-sponsored activities of a private or |
|
public school; |
|
(2) threatens to exhibit or use a firearm in or on |
|
property described by Subdivision (1)(A) or on a bus described by |
|
Subdivision (1)(B) and was in possession of or had immediate access |
|
to the firearm; or |
|
(3) threatens to exhibit or use a firearm in or on |
|
property described by Subdivision (1)(A) or on a bus described by |
|
Subdivision (1)(B). |
|
(b) An offense under Subsection (a)(1) or (2) [this section] |
|
is a third degree felony. |
|
(c) An offense under Subsection (a)(3) is a Class A |
|
misdemeanor. |
|
SECTION 2. The changes in law made by this Act apply 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 3. This Act takes effect September 1, 2017. |
|
|
|
* * * * * |