S.B. No. 1712 amends Section 46.13 of the Texas Penal Code to redefine the term "child" to "young adult," specifically referring to individuals younger than 21 years of age. The bill establishes that a person commits an offense if a young adult gains access to a readily dischargeable firearm due to the person's criminal negligence in failing to secure the firearm or leaving it in an accessible location. The bill outlines various affirmative defenses, such as if the young adult's access was supervised by someone over 21 or if the access occurred during lawful activities.
Additionally, the bill stipulates that an offense under this section is generally classified as a Class C misdemeanor, escalating to a Class A misdemeanor if the young adult discharges the firearm and causes death or serious bodily injury. It also includes provisions regarding the arrest of individuals related to the young adult involved in the incident, delaying arrest for seven days under certain conditions. Furthermore, firearm dealers are required to display a warning sign about the unlawful storage of unsecured firearms where young adults may access them. The changes apply only to offenses committed on or after the bill's effective date.
Statutes affected: Introduced: Penal Code 46.13 (Penal Code 46)