Texas 2009 - 81st Regular

Texas Senate Bill SB1866 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R11343 GCB-D
2	2	By: Ellis S.B. No. 1866
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the collection, dissemination, and correction of
8	8	certain judicial determinations for a federal firearm background
9	9	check.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter D, Chapter 411, Government Code, is
12	12	amended by adding Sections 411.052 and 411.0521 to read as follows:
13	13	Sec. 411.052. FEDERAL FIREARM REPORTING. (a) In this
14	14	section, "federal prohibited person information" means information
15	15	that identifies an individual as:
16	16	(1) a person ordered by a court to receive inpatient
17	17	mental health services under Chapter 574, Health and Safety Code;
18	18	(2) a person acquitted in a criminal case by reason of
19	19	insanity or lack of mental responsibility, regardless of whether
20	20	the person is ordered by a court to receive inpatient treatment or
21	21	residential care under Chapter 46C, Code of Criminal Procedure;
22	22	(3) a person determined to have mental retardation and
23	23	committed by a court for long-term placement in a residential care
24	24	facility or state developmental center under Chapter 593, Health
25	25	and Safety Code;
26	26	(4) an incapacitated adult individual for whom a court
27	27	has appointed a guardian of the individual under Chapter XIII,
28	28	Probate Code, based on the determination that the person lacks the
29	29	mental capacity to manage the person's affairs; or
30	30	(5) a person determined to be incompetent to stand
31	31	trial under Chapter 46B, Code of Criminal Procedure.
32	32	(b) The department by rule shall establish a procedure to
33	33	provide federal prohibited person information to the Federal Bureau
34	34	of Investigation for use with the National Instant Criminal
35	35	Background Check System. Except as otherwise provided by state
36	36	law, the department may disseminate federal prohibited person
37	37	information under this subsection only to the extent necessary to
38	38	allow the Federal Bureau of Investigation to collect and maintain a
39	39	list of persons who are prohibited under federal law from engaging
40	40	in certain activities with respect to a firearm.
41	41	(c) The department shall grant access to federal prohibited
42	42	person information to the person who is the subject of the
43	43	information.
44	44	(d) Federal prohibited person information maintained by the
45	45	department is confidential information for the use of the
46	46	department and, except as otherwise provided by this section and
47	47	other state law, may not be disseminated by the department.
48	48	(e) The department by rule shall establish a procedure to
49	49	correct department records and transmit those corrected records to
50	50	the Federal Bureau of Investigation when a person provides:
51	51	(1) a copy of a judicial order or finding that a person
52	52	is no longer an incapacitated adult or is entitled to relief from
53	53	disabilities under Section 574.088, Health and Safety Code; or
54	54	(2) proof that the person has obtained notice of
55	55	relief from disabilities under 18 U.S.C. Section 925.
56	56	Sec. 411.0521. REPORT TO DEPARTMENT CONCERNING CERTAIN
57	57	PERSONS' ACCESS TO FIREARMS. (a) The clerk of the court shall
58	58	prepare and forward to the department the information described by
59	59	Subsection (b) not later than the 30th day after the date the court:
60	60	(1) orders a person to receive inpatient mental health
61	61	services under Chapter 574, Health and Safety Code;
62	62	(2) acquits a person in a criminal case by reason of
63	63	insanity or lack of mental responsibility, regardless of whether
64	64	the person is ordered to receive inpatient treatment or residential
65	65	care under Chapter 46C, Code of Criminal Procedure;
66	66	(3) commits a person determined to have mental
67	67	retardation for long-term placement in a residential care facility
68	68	or state developmental center under Chapter 593, Health and Safety
69	69	Code;
70	70	(4) appoints a guardian of the incapacitated adult
71	71	individual under Chapter XIII, Probate Code, based on the
72	72	determination that the person lacks the mental capacity to manage
73	73	the person's affairs;
74	74	(5) determines a person is incompetent to stand trial
75	75	under Chapter 46B, Code of Criminal Procedure; or
76	76	(6) finds a person is entitled to relief from
77	77	disabilities under Section 574.088, Health and Safety Code.
78	78	(b) The clerk of the court shall prepare and forward the
79	79	following information under Subsection (a):
80	80	(1) the complete name, race, and sex of the person;
81	81	(2) any known identifying number of the person,
82	82	including social security number, driver's license number, or state
83	83	identification number;
84	84	(3) the person's date of birth; and
85	85	(4) a copy of or an electronic transmission of
86	86	information continued in:
87	87	(A) the order for inpatient mental health
88	88	services;
89	89	(B) the order for inpatient treatment or
90	90	residential care;
91	91	(C) the order committing the person to a
92	92	residential care facility;
93	93	(D) the order appointing a guardian;
94	94	(E) the judgment specifying that the person was
95	95	found not guilty of a criminal offense by reason of insanity or lack
96	96	of mental responsibility;
97	97	(F) the order determining that the person is
98	98	incompetent to stand trial; or
99	99	(G) the order stating that the person is no
100	100	longer an incapacitated adult or is entitled to relief under
101	101	Section 574.088, Health and Safety Code.
102	102	(c) If practicable, the clerk of the court shall forward to
103	103	the department the information described by Subsection (b) in an
104	104	electronic format prescribed by the department.
105	105	(d) If an order previously reported to the department under
106	106	Subsection (a) is reversed by order of any court, the clerk shall
107	107	notify the department of the reversal not later than 30 days after
108	108	the clerk receives the mandate from the appellate court.
109	109	(e) The duty of a clerk to prepare and forward information
110	110	under this section is not affected by:
111	111	(1) any subsequent appeal of the court order;
112	112	(2) any subsequent modification of the court order; or
113	113	(3) the expiration of the court order.
114	114	SECTION 2. Subchapter F, Chapter 574, Health and Safety
115	115	Code, is amended by adding Section 574.088 to read as follows:
116	116	Sec. 574.088. RELIEF FROM DISABILITIES IN MENTAL HEALTH
117	117	CASES. (a) A person who is furloughed or discharged from
118	118	court-ordered mental health services may petition the court that
119	119	entered the commitment order for an order stating that the person
120	120	qualifies for relief from a firearms disability.
121	121	(b) In determining whether to grant relief, the court must
122	122	hear and consider evidence about:
123	123	(1) the circumstances that led to imposition of the
124	124	firearms disability under 18 U.S.C. Section 922(g)(4);
125	125	(2) the person's mental history;
126	126	(3) the person's criminal history; and
127	127	(4) the person's reputation.
128	128	(c) A court may not grant relief unless it makes and enters
129	129	in the record the following affirmative findings:
130	130	(1) the person is no longer likely to act in a manner
131	131	dangerous to public safety; and
132	132	(2) removing the person's disability to purchase a
133	133	firearm is in the public interest.
134	134	SECTION 3. Each clerk of the court shall prepare and forward
135	135	information for each order issued on or after September 1, 1999, to
136	136	the Department of Public Safety as required by Section 411.0521,
137	137	Government Code, as added by this Act. Not later than September 1,
138	138	2010, each clerk of the court shall prepare and forward information
139	139	for any court orders issued on or after September 1, 1999, and
140	140	before September 1, 2009.
141	141	SECTION 4. This Act takes effect September 1, 2009.