The bill, H.B. No. 396, seeks to amend the Penal Code regarding the possession of firearms by individuals convicted of certain family violence misdemeanors. Specifically, it modifies Section 46.04(b) to prohibit a person convicted of an offense under Section 22.01, which is now specified to be committed against individuals with certain relationships as defined in the Family Code, from possessing a firearm for five years following their release from confinement or community supervision. The previous language that referred to the offense as a Class A misdemeanor and involved a member of the person's family or household has been removed and replaced with more precise relationship criteria.
Additionally, the bill stipulates that the changes will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses occurring before this date will be governed by the law in effect at the time of the offense, ensuring that individuals are not retroactively affected by the new provisions.
Statutes affected: Introduced: Penal Code 46.04 (Penal Code 46)