HB 2583

85(R) - 2017
House Criminal Jurisprudence
House Criminal Jurisprudence
Criminal Procedure

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Negative
  • Neutral


Armando Martinez

Bill Caption

Relating to prohibiting the reckless discharge of a firearm; creating an offense.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 2583 would create a new criminal offense called "reckless discharge of a firearm". Under this bill a person who knowingly discharges a firearm recklessly (lacking a reasonable target at the time of discharge) may be charged with a Class A misdemeanor or a first degree felony if the firearm discharge causes serious bodily injury or the death of an individual. Certain defenses to prosecution would be created. The purpose of this bill is to address the issue of celebratory gunfire in which people shoot up in the air with no target and with no regard for where the bullet will land. 

Vote Recommendation Notes

This bill infringes on the principle of limited government by creating a new criminal offense for behavior already subject to criminal prosecution under the law. Reckless discharge is already punishable under assault and aggravated assault statutes already contained in the penal code. Adding this new offense would be duplicative. For this reason we oppose HB 2593.