Quoted: And 1031, what are the terms of eligibility?
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Think you meant HB 1831, which is now in effect. In short, it means someone who got deferred adjudication >10 years ago can apply - it makes the definition of "deferred adjudication" carry over to CHL applications as well.
HB 823 defines "travelling" (finally!) and goes on to outline how it is to be interpreted by the courts.
Everything you could ever want to know about bills, their status, their modifications, etc. can be found on the State House's site:
www.house.state.tx.us/bills/welcome.phphth,
cody
ETA: Both were signed into law, btw.
HB 1831
AN ACT relating to the definition of "convicted" for purposes of eligibility to carry a concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.171(4), Government Code, is amended to read as follows:
(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an
order of deferred adjudication entered against a person by a court of competent jurisdiction whether
or not the imposition of the sentence is subsequently probated and the person is discharged from
community supervision. The term does not include an adjudication of guilt or an order of deferred
adjudication that has been subsequently:
(A) expunged; or
(B) pardoned under the authority of a state or federal official.
SECTION 2. Subchapter H, Chapter 411, Government Code, is amended by adding Section
411.1711 to read as follows:
Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is not convicted,
as that term is defined by Section 411.171, if an order of deferred adjudication was entered
against the person on a date not less than 10 years preceding the date of the person's
application for a license under this subchapter unless the order of deferred adjudication was
entered against the person for an offense under Title 5, Penal Code, or Chapter 29, Penal
Code.
SECTION 3. This Act takes effect September 1, 2005.
HB 823
AN ACT relating to the applicability of the offense of unlawful carrying of weapons to certain persons
and to the consequence of certain presumptions in the prosecution of a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.15, Penal Code, is amended by adding Subsection (i) to read as follows:
(i) For purposes of Subsection (b)(3), a person is presumed to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a
violation of a law or ordinance regulating traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section 71.01; and
(5) not carrying a handgun in plain view.
SECTION 2. Section 2.05, Penal Code, is amended to read as follows:
Sec. 2.05. PRESUMPTION. (a) Except as provided by Subsection (b), when [When] this code or
another penal law establishes a presumption with respect to any fact, it has the following
consequences:
(1) if there is sufficient evidence of the facts that give rise to the presumption, the issue of
the existence of the presumed fact must be submitted to the jury, unless the court is
satisfied that the evidence as a whole clearly precludes a finding beyond a reasonable
doubt of the presumed fact; and
(2) if the existence of the presumed fact is submitted to the jury, the court shall charge the
jury, in terms of the presumption and the specific element to which it applies, as follows:
(A) that the facts giving rise to the presumption must be proven beyond a reasonable doubt;
(B) that if such facts are proven beyond a reasonable doubt the jury may find that the
element of the offense sought to be presumed exists, but it is not bound to so find;
(C) that even though the jury may find the existence of such element, the state must prove
beyond a reasonable doubt each of the other elements of the offense charged; and
(D) if the jury has a reasonable doubt as to the existence of a fact or facts giving rise to
the presumption, the presumption fails and the jury shall not consider the presumption
for any purpose.
(b) When this code or another penal law establishes a presumption in favor of the defendant with
respect to any fact, it has the following consequences:
(1) if there is sufficient evidence of the facts that give rise to the presumption, the issue of
the existence of the presumed fact must be submitted to the jury unless the court is
satisfied that the evidence as a whole clearly precludes a finding beyond a reasonable
doubt of the presumed fact; and
(2) if the existence of the presumed fact is submitted to the jury, the court shall charge the
jury, in terms of the presumption, that:
(A) the presumption applies unless the state proves beyond a reasonable doubt that the
facts giving rise to the presumption do not exist;
(B) if the state fails to prove beyond a reasonable doubt that the facts giving rise to the
presumption do not exist, the jury must find that the presumed fact exists;
(C) even though the jury may find that the presumed fact does not exist, the state must
prove beyond a reasonable doubt each of the elements of the offense charged; and
(D) if the jury has a reasonable doubt as to whether the presumed fact exists, the
presumption applies and the jury must consider the presumed fact to exist.
SECTION 3. 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
covered by the law in effect at the time 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 was committed before that date.
SECTION 4. This Act takes effect September 1, 2005.