Texas 2009 - 81st Regular

Texas House Bill HB3352 Compare Versions

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1	1	H.B. No. 3352
2	2
3	3
4	4	AN ACT
5	5	relating to the collection, dissemination, and correction of
6	6	certain judicial determinations for a federal firearm background
7	7	check.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter D, Chapter 411, Government Code, is
10	10	amended by adding Sections 411.052 and 411.0521 to read as follows:
11	11	Sec. 411.052. FEDERAL FIREARM REPORTING. (a) In this
12	12	section, "federal prohibited person information" means information
13	13	that identifies an individual as:
14	14	(1) a person ordered by a court to receive inpatient
15	15	mental health services under Chapter 574, Health and Safety Code;
16	16	(2) a person acquitted in a criminal case by reason of
17	17	insanity or lack of mental responsibility, regardless of whether
18	18	the person is ordered by a court to receive inpatient treatment or
19	19	residential care under Chapter 46C, Code of Criminal Procedure;
20	20	(3) a person determined to have mental retardation and
21	21	committed by a court for long-term placement in a residential care
22	22	facility under Chapter 593, Health and Safety Code;
23	23	(4) an incapacitated adult individual for whom a court
24	24	has appointed a guardian of the individual under Chapter XIII,
25	25	Probate Code, based on the determination that the person lacks the
26	26	mental capacity to manage the person's affairs; or
27	27	(5) a person determined to be incompetent to stand
28	28	trial under Chapter 46B, Code of Criminal Procedure.
29	29	(b) The department by rule shall establish a procedure to
30	30	provide federal prohibited person information to the Federal Bureau
31	31	of Investigation for use with the National Instant Criminal
32	32	Background Check System. Except as otherwise provided by state
33	33	law, the department may disseminate federal prohibited person
34	34	information under this subsection only to the extent necessary to
35	35	allow the Federal Bureau of Investigation to collect and maintain a
36	36	list of persons who are prohibited under federal law from engaging
37	37	in certain activities with respect to a firearm.
38	38	(c) The department shall grant access to federal prohibited
39	39	person information to the person who is the subject of the
40	40	information.
41	41	(d) Federal prohibited person information maintained by the
42	42	department is confidential information for the use of the
43	43	department and, except as otherwise provided by this section and
44	44	other state law, may not be disseminated by the department.
45	45	(e) The department by rule shall establish a procedure to
46	46	correct department records and transmit those corrected records to
47	47	the Federal Bureau of Investigation when a person provides:
48	48	(1) a copy of a judicial order or finding that a person
49	49	is no longer an incapacitated adult or is entitled to relief from
50	50	disabilities under Section 574.088, Health and Safety Code; or
51	51	(2) proof that the person has obtained notice of
52	52	relief from disabilities under 18 U.S.C. Section 925.
53	53	Sec. 411.0521. REPORT TO DEPARTMENT CONCERNING CERTAIN
54	54	PERSONS' ACCESS TO FIREARMS. (a) The clerk of the court shall
55	55	prepare and forward to the department the information described by
56	56	Subsection (b) not later than the 30th day after the date the court:
57	57	(1) orders a person to receive inpatient mental health
58	58	services under Chapter 574, Health and Safety Code;
59	59	(2) acquits a person in a criminal case by reason of
60	60	insanity or lack of mental responsibility, regardless of whether
61	61	the person is ordered to receive inpatient treatment or residential
62	62	care under Chapter 46C, Code of Criminal Procedure;
63	63	(3) commits a person determined to have mental
64	64	retardation for long-term placement in a residential care facility
65	65	under Chapter 593, Health and Safety Code;
66	66	(4) appoints a guardian of the incapacitated adult
67	67	individual under Chapter XIII, Probate Code, based on the
68	68	determination that the person lacks the mental capacity to manage
69	69	the person's affairs;
70	70	(5) determines a person is incompetent to stand trial
71	71	under Chapter 46B, Code of Criminal Procedure; or
72	72	(6) finds a person is entitled to relief from
73	73	disabilities under Section 574.088, Health and Safety Code.
74	74	(b) The clerk of the court shall prepare and forward the
75	75	following information under Subsection (a):
76	76	(1) the complete name, race, and sex of the person;
77	77	(2) any known identifying number of the person,
78	78	including social security number, driver's license number, or state
79	79	identification number;
80	80	(3) the person's date of birth; and
81	81	(4) the federal prohibited person information that is
82	82	the basis of the report required by this section.
83	83	(c) If practicable, the clerk of the court shall forward to
84	84	the department the information described by Subsection (b) in an
85	85	electronic format prescribed by the department.
86	86	(d) If an order previously reported to the department under
87	87	Subsection (a) is reversed by order of any court, the clerk shall
88	88	notify the department of the reversal not later than 30 days after
89	89	the clerk receives the mandate from the appellate court.
90	90	(e) The duty of a clerk to prepare and forward information
91	91	under this section is not affected by:
92	92	(1) any subsequent appeal of the court order;
93	93	(2) any subsequent modification of the court order; or
94	94	(3) the expiration of the court order.
95	95	SECTION 2. Subchapter F, Chapter 574, Health and Safety
96	96	Code, is amended by adding Section 574.088 to read as follows:
97	97	Sec. 574.088. RELIEF FROM DISABILITIES IN MENTAL HEALTH
98	98	CASES. (a) A person who is furloughed or discharged from
99	99	court-ordered mental health services may petition the court that
100	100	entered the commitment order for an order stating that the person
101	101	qualifies for relief from a firearms disability.
102	102	(b) In determining whether to grant relief, the court must
103	103	hear and consider evidence about:
104	104	(1) the circumstances that led to imposition of the
105	105	firearms disability under 18 U.S.C. Section 922(g)(4);
106	106	(2) the person's mental history;
107	107	(3) the person's criminal history; and
108	108	(4) the person's reputation.
109	109	(c) A court may not grant relief unless it makes and enters
110	110	in the record the following affirmative findings:
111	111	(1) the person is no longer likely to act in a manner
112	112	dangerous to public safety; and
113	113	(2) removing the person's disability to purchase a
114	114	firearm is in the public interest.
115	115	SECTION 3. Each clerk of the court shall prepare and forward
116	116	information for each order issued on or after September 1, 1989, to
117	117	the Department of Public Safety as required by Section 411.0521,
118	118	Government Code, as added by this Act. Not later than September 1,
119	119	2010, each clerk of the court shall prepare and forward information
120	120	for any court orders issued on or after September 1, 1989, and
121	121	before September 1, 2009.
122	122	SECTION 4. This Act takes effect September 1, 2009.
123	123	______________________________ ______________________________
124	124	President of the Senate Speaker of the House
125	125	I certify that H.B. No. 3352 was passed by the House on April
126	126	30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
127	127	voting; and that the House concurred in Senate amendments to H.B.
128	128	No. 3352 on May 29, 2009, by the following vote: Yeas 93, Nays 49,
129	129	2 present, not voting.
130	130	______________________________
131	131	Chief Clerk of the House
132	132	I certify that H.B. No. 3352 was passed by the Senate, with
133	133	amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
134	134	0.
135	135	______________________________
136	136	Secretary of the Senate
137	137	APPROVED: __________________
138	138	Date
139	139	__________________
140	140	Governor