By: Huffman S.B. No. 1189
(Fletcher)
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of certain firearms seized by a law
enforcement agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.001, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) A peace officer who takes a person into custody under
Subsection (a) may immediately seize any firearm found in
possession of the person. After seizing a firearm under this
subsection, the peace officer shall comply with the requirements of
Article 18.191, Code of Criminal Procedure.
SECTION 2. Chapter 18, Code of Criminal Procedure, is
amended by adding Article 18.191 to read as follows:
Art. 18.191. DISPOSITION OF FIREARM SEIZED FROM CERTAIN
PERSONS WITH MENTAL ILLNESS. (a) A law enforcement officer who
seizes a firearm from a person taken into custody under Section
573.001, Health and Safety Code, and not in connection with an
offense involving the use of a weapon or an offense under Chapter
46, Penal Code, shall immediately provide the person a written copy
of the receipt for the firearm and a written notice of the procedure
for the return of a firearm under this article.
(b) The law enforcement agency holding a firearm subject to
disposition under this article shall, as soon as possible, but not
later than the 15th day after the date the person is taken into
custody under Section 573.001, Health and Safety Code, provide
written notice of the procedure for the return of a firearm under
this article to the last known address of the person's closest
immediate family member as identified by the person or reasonably
identifiable by the law enforcement agency, sent by certified mail,
return receipt requested. The written notice must state the date by
which a request for the return of the firearm must be submitted to
the law enforcement agency as provided by Subsection (h).
(c) Not later than the 30th day after the date a firearm
subject to disposition under this article is seized, the law
enforcement agency holding the firearm shall contact the court in
the county having jurisdiction to order commitment under Chapter
574, Health and Safety Code, and request the disposition of the
case. Not later than the 30th day after the date of this request,
the clerk of the court shall advise the requesting agency whether
the person taken into custody was released under Section 573.023,
Health and Safety Code, or was ordered to receive inpatient mental
health services under Section 574.034 or 574.035, Health and Safety
Code.
(d) Not later than the 30th day after the date the clerk of
the court informs a law enforcement agency holding a firearm
subject to disposition under this article that the person taken
into custody was released under Section 573.023, Health and Safety
Code, the law enforcement agency shall:
(1) conduct a check of state and national criminal
history record information to verify whether the person may
lawfully possess a firearm under 18 U.S.C. Section 922(g); and
(2) provide written notice to the person by certified
mail that the firearm may be returned to the person on verification
under Subdivision (1) that the person may lawfully possess the
firearm.
(e) Not later than the 30th day after the date the clerk of
the court informs a law enforcement agency holding a firearm
subject to disposition under this article that the person taken
into custody was ordered to receive inpatient mental health
services under Section 574.034 or 574.035, Health and Safety Code,
the law enforcement agency shall provide written notice to the
person by certified mail that the person:
(1) is prohibited from owning, possessing, or
purchasing a firearm under 18 U.S.C. Section 922(g)(4);
(2) may petition the court that entered the commitment
order for relief from the firearms disability under Section
574.088, Health and Safety Code; and
(3) may dispose of the firearm in the manner provided
by Subsection (f).
(f) A person who receives notice under Subsection (e) may
dispose of the person's firearm by:
(1) releasing the firearm to the person's designee,
if:
(A) the law enforcement agency holding the
firearm conducts a check of state and national criminal history
record information and verifies that the designee may lawfully
possess a firearm under 18 U.S.C. Section 922(g);
(B) the person provides to the law enforcement
agency a copy of a notarized statement releasing the firearm to the
designee; and
(C) the designee provides to the law enforcement
agency an affidavit confirming that the designee:
(i) will not allow access to the firearm by
the person who was taken into custody under Section 573.001, Health
and Safety Code, at any time during which the person may not
lawfully possess a firearm under 18 U.S.C. Section 922(g); and
(ii) acknowledges the responsibility of the
designee and no other person to verify whether the person has
reestablished the person's eligibility to lawfully possess a
firearm under 18 U.S.C. Section 922(g); or
(2) releasing the firearm to the law enforcement
agency holding the firearm, for disposition under Subsection (h).
(g) If a firearm subject to disposition under this article
is wholly or partly owned by a person other than the person taken
into custody under Section 573.001, Health and Safety Code, the law
enforcement agency holding the firearm shall release the firearm to
the person claiming a right to or interest in the firearm after:
(1) the person provides an affidavit confirming that
the person:
(A) wholly or partly owns the firearm;
(B) will not allow access to the firearm by the
person who was taken into custody under Section 573.001, Health and
Safety Code, at any time during which that person may not lawfully
possess a firearm under 18 U.S.C. Section 922(g); and
(C) acknowledges the responsibility of the
person and no other person to verify whether the person who was
taken into custody under Section 573.001, Health and Safety Code,
has reestablished the person's eligibility to lawfully possess a
firearm under 18 U.S.C. Section 922(g); and
(2) the law enforcement agency holding the firearm
conducts a check of state and national criminal history record
information and verifies that the person claiming a right to or
interest in the firearm may lawfully possess a firearm under 18
U.S.C. Section 922(g).
(h) If a person to whom written notice is provided under
Subsection (b) or another lawful owner of a firearm subject to
disposition under this article does not submit a written request to
the law enforcement agency for the return of the firearm before the
121st day after the date the law enforcement agency holding the
firearm provides written notice under Subsection (b), the law
enforcement agency may have the firearm sold by a person who is a
licensed firearms dealer under 18 U.S.C. Section 923. The proceeds
from the sale of a firearm under this subsection shall be given to
the owner of the seized firearm, less the cost of administering this
subsection. An unclaimed firearm that was seized from a person
taken into custody under Section 573.001, Health and Safety Code,
may not be destroyed or forfeited to the state.
SECTION 3. The change in law made by this Act applies only
to the disposition of a firearm that is seized by a law enforcement
agency on or after the effective date of this Act. The disposition
of a firearm that was seized by a law enforcement agency before the
effective date of this Act is covered by the law in effect when the
firearm was seized, and the former law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2013.