By: Naishtat, Rodriguez H.B. No. 3352
COMMITTEE SUBSTITUTE FOR H.B. No. 3352By: Ellis By: Ellis
(In the Senate - Received from the House May 1, 2009;
May 4, 2009, read first time and referred to Committee on Criminal
Justice; May 15, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 15, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the collection, dissemination, and correction of
certain judicial determinations for a federal firearm background
check.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 411, Government Code, is
amended by adding Sections 411.052 and 411.0521 to read as follows:
Sec. 411.052. FEDERAL FIREARM REPORTING. (a) In this
section, "federal prohibited person information" means information
that identifies an individual as:
(1) a person ordered by a court to receive inpatient
mental health services under Chapter 574, Health and Safety Code;
(2) a person acquitted in a criminal case by reason of
insanity or lack of mental responsibility, regardless of whether
the person is ordered by a court to receive inpatient treatment or
residential care under Chapter 46C, Code of Criminal Procedure;
(3) a person determined to have mental retardation and
committed by a court for long-term placement in a residential care
facility under Chapter 593, Health and Safety Code;
(4) an incapacitated adult individual for whom a court
has appointed a guardian of the individual under Chapter XIII,
Probate Code, based on the determination that the person lacks the
mental capacity to manage the person's affairs; or
(5) a person determined to be incompetent to stand
trial under Chapter 46B, Code of Criminal Procedure.
(b) The department by rule shall establish a procedure to
provide federal prohibited person information to the Federal Bureau
of Investigation for use with the National Instant Criminal
Background Check System. Except as otherwise provided by state
law, the department may disseminate federal prohibited person
information under this subsection only to the extent necessary to
allow the Federal Bureau of Investigation to collect and maintain a
list of persons who are prohibited under federal law from engaging
in certain activities with respect to a firearm.
(c) The department shall grant access to federal prohibited
person information to the person who is the subject of the
information.
(d) Federal prohibited person information maintained by the
department is confidential information for the use of the
department and, except as otherwise provided by this section and
other state law, may not be disseminated by the department.
(e) The department by rule shall establish a procedure to
correct department records and transmit those corrected records to
the Federal Bureau of Investigation when a person provides:
(1) a copy of a judicial order or finding that a person
is no longer an incapacitated adult or is entitled to relief from
disabilities under Section 574.088, Health and Safety Code; or
(2) proof that the person has obtained notice of
relief from disabilities under 18 U.S.C. Section 925.
Sec. 411.0521. REPORT TO DEPARTMENT CONCERNING CERTAIN
PERSONS' ACCESS TO FIREARMS. (a) The clerk of the court shall
prepare and forward to the department the information described by
Subsection (b) not later than the 30th day after the date the court:
(1) orders a person to receive inpatient mental health
services under Chapter 574, Health and Safety Code;
(2) acquits a person in a criminal case by reason of
insanity or lack of mental responsibility, regardless of whether
the person is ordered to receive inpatient treatment or residential
care under Chapter 46C, Code of Criminal Procedure;
(3) commits a person determined to have mental
retardation for long-term placement in a residential care facility
under Chapter 593, Health and Safety Code;
(4) appoints a guardian of the incapacitated adult
individual under Chapter XIII, Probate Code, based on the
determination that the person lacks the mental capacity to manage
the person's affairs;
(5) determines a person is incompetent to stand trial
under Chapter 46B, Code of Criminal Procedure; or
(6) finds a person is entitled to relief from
disabilities under Section 574.088, Health and Safety Code.
(b) The clerk of the court shall prepare and forward the
following information under Subsection (a):
(1) the complete name, race, and sex of the person;
(2) any known identifying number of the person,
including social security number, driver's license number, or state
identification number;
(3) the person's date of birth; and
(4) the federal prohibited person information that is
the basis of the report required by this section.
(c) If practicable, the clerk of the court shall forward to
the department the information described by Subsection (b) in an
electronic format prescribed by the department.
(d) If an order previously reported to the department under
Subsection (a) is reversed by order of any court, the clerk shall
notify the department of the reversal not later than 30 days after
the clerk receives the mandate from the appellate court.
(e) The duty of a clerk to prepare and forward information
under this section is not affected by:
(1) any subsequent appeal of the court order;
(2) any subsequent modification of the court order; or
(3) the expiration of the court order.
SECTION 2. Subchapter F, Chapter 574, Health and Safety
Code, is amended by adding Section 574.088 to read as follows:
Sec. 574.088. RELIEF FROM DISABILITIES IN MENTAL HEALTH
CASES. (a) A person who is furloughed or discharged from
court-ordered mental health services may petition the court that
entered the commitment order for an order stating that the person
qualifies for relief from a firearms disability.
(b) In determining whether to grant relief, the court must
hear and consider evidence about:
(1) the circumstances that led to imposition of the
firearms disability under 18 U.S.C. Section 922(g)(4);
(2) the person's mental history;
(3) the person's criminal history; and
(4) the person's reputation.
(c) A court may not grant relief unless it makes and enters
in the record the following affirmative findings:
(1) the person is no longer likely to act in a manner
dangerous to public safety; and
(2) removing the person's disability to purchase a
firearm is in the public interest.
SECTION 3. Each clerk of the court shall prepare and forward
information for each order issued on or after September 1, 1989, to
the Department of Public Safety as required by Section 411.0521,
Government Code, as added by this Act. Not later than September 1,
2010, each clerk of the court shall prepare and forward information
for any court orders issued on or after September 1, 1989, and
before September 1, 2009.
SECTION 4. This Act takes effect September 1, 2009.
* * * * *