HBA-EDN H.B. 194 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 194
By: Burnam
Criminal Jurisprudence
3/15/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, it is a Class A misdemeanor for a person to sell, rent,
lease, loan, or give a handgun to a person whose intent to use the handgun
unlawfully is known by the seller or giver.  It is also a Class A
misdemeanor for a person intentionally or knowingly to sell, rent, lease,
or give a firearm, club or illegal knife to a person younger than 18 years
of age.  However, current law provides an affirmative defense to
prosecution for a person who sold a prohibited weapon to a child if that
person had written permission from the child's parent or legal guardian.
An affirmative defense also exists for a person who rented, leased, or gave
a prohibited weapon to a child if the parent or legal guardian had given
effective consent.  House Bill 194 increases the penalties for the offenses
described above and limits the affirmative defenses to a transfer that was
not by sale, rent, or, lease and for which the parent or guardian of the
minor had given effective consent.   

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 194 amends the Penal Code to provide that it is an offense if a
person sells, rents, leases, or gives or offers to sell, rent, lease, or
give to any child younger than 18 years of age any firearm, club, or
illegal knife.  The bill removes the requirement that a person do so
intentionally or knowingly in order for it to be an offense.  The bill
provides that it is an affirmative defense to prosecution if the transfer,
unless the transfer is by sale, rent, or lease, is to a minor whose parent
or legal guardian has given effective consent for the transfer.  The bill
removes language providing that it is an affirmative defense if the minor
had written permission for the purchase from the minor's parent or legal
guardian. 
  
The bill provides that a person who sells, rents, leases, loans, or gives a
firearm to any person knowing that the person to whom the firearm is to be
delivered intends to use it unlawfully or in the commission of an unlawful
act commits a third degree felony , except that the offense is a second
degree felony if the offense is committed at a gun show.  The bill further
provides that a person who sells, rents, leases, or gives or offers to
sell, rent, lease or give to any child younger than 18 years of age any
firearm, club, or illegal knife commits a third degree felony if the
offense is committed at a gun show.  

EFFECTIVE DATE

September 1, 2001.