Texas 2013 - 83rd Regular

Texas Senate Bill SB1189 Compare Versions

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1	1	By: Huffman S.B. No. 1189
2	2	(Fletcher)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the disposition of certain firearms seized by a law
8	8	enforcement agency.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 573.001, Health and Safety Code, is
11	11	amended by adding Subsection (g) to read as follows:
12	12	(g) A peace officer who takes a person into custody under
13	13	Subsection (a) may immediately seize any firearm found in
14	14	possession of the person. After seizing a firearm under this
15	15	subsection, the peace officer shall comply with the requirements of
16	16	Article 18.191, Code of Criminal Procedure.
17	17	SECTION 2. Chapter 18, Code of Criminal Procedure, is
18	18	amended by adding Article 18.191 to read as follows:
19	19	Art. 18.191. DISPOSITION OF FIREARM SEIZED FROM CERTAIN
20	20	PERSONS WITH MENTAL ILLNESS. (a) A law enforcement officer who
21	21	seizes a firearm from a person taken into custody under Section
22	22	573.001, Health and Safety Code, and not in connection with an
23	23	offense involving the use of a weapon or an offense under Chapter
24	24	46, Penal Code, shall immediately provide the person a written copy
25	25	of the receipt for the firearm and a written notice of the procedure
26	26	for the return of a firearm under this article.
27	27	(b) The law enforcement agency holding a firearm subject to
28	28	disposition under this article shall, as soon as possible, but not
29	29	later than the 15th day after the date the person is taken into
30	30	custody under Section 573.001, Health and Safety Code, provide
31	31	written notice of the procedure for the return of a firearm under
32	32	this article to the last known address of the person's closest
33	33	immediate family member as identified by the person or reasonably
34	34	identifiable by the law enforcement agency, sent by certified mail,
35	35	return receipt requested. The written notice must state the date by
36	36	which a request for the return of the firearm must be submitted to
37	37	the law enforcement agency as provided by Subsection (h).
38	38	(c) Not later than the 30th day after the date a firearm
39	39	subject to disposition under this article is seized, the law
40	40	enforcement agency holding the firearm shall contact the court in
41	41	the county having jurisdiction to order commitment under Chapter
42	42	574, Health and Safety Code, and request the disposition of the
43	43	case. Not later than the 30th day after the date of this request,
44	44	the clerk of the court shall advise the requesting agency whether
45	45	the person taken into custody was released under Section 573.023,
46	46	Health and Safety Code, or was ordered to receive inpatient mental
47	47	health services under Section 574.034 or 574.035, Health and Safety
48	48	Code.
49	49	(d) Not later than the 30th day after the date the clerk of
50	50	the court informs a law enforcement agency holding a firearm
51	51	subject to disposition under this article that the person taken
52	52	into custody was released under Section 573.023, Health and Safety
53	53	Code, the law enforcement agency shall:
54	54	(1) conduct a check of state and national criminal
55	55	history record information to verify whether the person may
56	56	lawfully possess a firearm under 18 U.S.C. Section 922(g); and
57	57	(2) provide written notice to the person by certified
58	58	mail that the firearm may be returned to the person on verification
59	59	under Subdivision (1) that the person may lawfully possess the
60	60	firearm.
61	61	(e) Not later than the 30th day after the date the clerk of
62	62	the court informs a law enforcement agency holding a firearm
63	63	subject to disposition under this article that the person taken
64	64	into custody was ordered to receive inpatient mental health
65	65	services under Section 574.034 or 574.035, Health and Safety Code,
66	66	the law enforcement agency shall provide written notice to the
67	67	person by certified mail that the person:
68	68	(1) is prohibited from owning, possessing, or
69	69	purchasing a firearm under 18 U.S.C. Section 922(g)(4);
70	70	(2) may petition the court that entered the commitment
71	71	order for relief from the firearms disability under Section
72	72	574.088, Health and Safety Code; and
73	73	(3) may dispose of the firearm in the manner provided
74	74	by Subsection (f).
75	75	(f) A person who receives notice under Subsection (e) may
76	76	dispose of the person's firearm by:
77	77	(1) releasing the firearm to the person's designee,
78	78	if:
79	79	(A) the law enforcement agency holding the
80	80	firearm conducts a check of state and national criminal history
81	81	record information and verifies that the designee may lawfully
82	82	possess a firearm under 18 U.S.C. Section 922(g);
83	83	(B) the person provides to the law enforcement
84	84	agency a copy of a notarized statement releasing the firearm to the
85	85	designee; and
86	86	(C) the designee provides to the law enforcement
87	87	agency an affidavit confirming that the designee:
88	88	(i) will not allow access to the firearm by
89	89	the person who was taken into custody under Section 573.001, Health
90	90	and Safety Code, at any time during which the person may not
91	91	lawfully possess a firearm under 18 U.S.C. Section 922(g); and
92	92	(ii) acknowledges the responsibility of the
93	93	designee and no other person to verify whether the person has
94	94	reestablished the person's eligibility to lawfully possess a
95	95	firearm under 18 U.S.C. Section 922(g); or
96	96	(2) releasing the firearm to the law enforcement
97	97	agency holding the firearm, for disposition under Subsection (h).
98	98	(g) If a firearm subject to disposition under this article
99	99	is wholly or partly owned by a person other than the person taken
100	100	into custody under Section 573.001, Health and Safety Code, the law
101	101	enforcement agency holding the firearm shall release the firearm to
102	102	the person claiming a right to or interest in the firearm after:
103	103	(1) the person provides an affidavit confirming that
104	104	the person:
105	105	(A) wholly or partly owns the firearm;
106	106	(B) will not allow access to the firearm by the
107	107	person who was taken into custody under Section 573.001, Health and
108	108	Safety Code, at any time during which that person may not lawfully
109	109	possess a firearm under 18 U.S.C. Section 922(g); and
110	110	(C) acknowledges the responsibility of the
111	111	person and no other person to verify whether the person who was
112	112	taken into custody under Section 573.001, Health and Safety Code,
113	113	has reestablished the person's eligibility to lawfully possess a
114	114	firearm under 18 U.S.C. Section 922(g); and
115	115	(2) the law enforcement agency holding the firearm
116	116	conducts a check of state and national criminal history record
117	117	information and verifies that the person claiming a right to or
118	118	interest in the firearm may lawfully possess a firearm under 18
119	119	U.S.C. Section 922(g).
120	120	(h) If a person to whom written notice is provided under
121	121	Subsection (b) or another lawful owner of a firearm subject to
122	122	disposition under this article does not submit a written request to
123	123	the law enforcement agency for the return of the firearm before the
124	124	121st day after the date the law enforcement agency holding the
125	125	firearm provides written notice under Subsection (b), the law
126	126	enforcement agency may have the firearm sold by a person who is a
127	127	licensed firearms dealer under 18 U.S.C. Section 923. The proceeds
128	128	from the sale of a firearm under this subsection shall be given to
129	129	the owner of the seized firearm, less the cost of administering this
130	130	subsection. An unclaimed firearm that was seized from a person
131	131	taken into custody under Section 573.001, Health and Safety Code,
132	132	may not be destroyed or forfeited to the state.
133	133	SECTION 3. The change in law made by this Act applies only
134	134	to the disposition of a firearm that is seized by a law enforcement
135	135	agency on or after the effective date of this Act. The disposition
136	136	of a firearm that was seized by a law enforcement agency before the
137	137	effective date of this Act is covered by the law in effect when the
138	138	firearm was seized, and the former law is continued in effect for
139	139	that purpose.
140	140	SECTION 4. This Act takes effect September 1, 2013.