Texas 2015 - 84th Regular

Texas House Bill HB2409 Compare Versions

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

Old	New	Differences
1	1	84R3052 LEH-D
2	2	By: Rodriguez of Travis H.B. No. 2409
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the storage of firearms surrendered by a person subject
8	8	to a magistrate's order for emergency protection or protective
9	9	order as a result of family violence, sexual assault or abuse,
10	10	stalking, or trafficking of persons.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 7A.06(a), Code of Criminal Procedure, is
13	13	amended to read as follows:
14	14	(a) Each protective order issued under this chapter,
15	15	including a temporary ex parte order, must contain the following
16	16	prominently displayed statements in boldfaced type, capital
17	17	letters, or underlined:
18	18	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
19	19	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
20	20	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
21	21	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
22	22	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
23	23	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
24	24	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
25	25	UNLESS A COURT CHANGES THE ORDER."
26	26	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
27	27	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
28	28	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
29	29	SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
30	30	FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MAY SURRENDER
31	31	ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE
32	32	LOCATION AS PROVIDED BY SECTION 85.0225, FAMILY CODE, FOR THE
33	33	DURATION OF THIS ORDER."
34	34	SECTION 2. Article 17.292(g), Code of Criminal Procedure,
35	35	is amended to read as follows:
36	36	(g) An order for emergency protection issued under this
37	37	article must contain the following statements printed in bold-face
38	38	type or in capital letters:
39	39	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
40	40	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
41	41	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
42	42	RESULTS IN FAMILY VIOLENCE OR A STALKING OFFENSE MAY BE PROSECUTED
43	43	AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS
44	44	PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY
45	45	CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. THE POSSESSION OF A
46	46	FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY
47	47	SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A
48	48	SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
49	49	SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A
50	50	SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT. A
51	51	PERSON SUBJECT TO THIS ORDER MAY SURRENDER ANY FIREARMS IN THE
52	52	PERSON'S POSSESSION TO A DESIGNATED SECURE LOCATION AS PROVIDED BY
53	53	SECTION 85.0225, FAMILY CODE, FOR THE DURATION OF THIS ORDER.
54	54	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
55	55	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
56	56	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
57	57	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
58	58	UNLESS A COURT CHANGES THE ORDER."
59	59	SECTION 3. Subchapter B, Chapter 85, Family Code, is
60	60	amended by adding Section 85.0225 to read as follows:
61	61	Sec. 85.0225. PROVISIONS FOR SURRENDER OF FIREARM BY PERSON
62	62	SUBJECT TO PROTECTIVE ORDER. (a) The commissioners court of each
63	63	county shall designate a secure location to store firearms
64	64	surrendered under this section.
65	65	(b) A person subject to a protective order under this
66	66	chapter or Chapter 7A, Code of Criminal Procedure, or a
67	67	magistrate's order for emergency protection under Article 17.292,
68	68	Code of Criminal Procedure, may surrender a firearm possessed by
69	69	the person to the secure location designated by the commissioners
70	70	court in the county in which the person resides. The individual
71	71	responsible for the administration of the designated secure
72	72	location shall accept the firearm and store it in the secure
73	73	location until the expiration of the protective order. An
74	74	individual who accepts a surrendered firearm shall immediately
75	75	provide the person surrendering the firearm a written copy of the
76	76	receipt for the firearm and a written notice of the procedure for
77	77	the return of the firearm.
78	78	(c) Unless otherwise prohibited by law from possessing a
79	79	firearm, a person who surrenders a firearm under Subsection (b) is
80	80	entitled to the return of the firearm on the expiration of the
81	81	protective order and after making a request to the individual
82	82	responsible for administering the secure location to which the
83	83	firearm was surrendered.
84	84	(d) If the firearm is not requested before the 61st day
85	85	after the date the protective order expires, the commissioners
86	86	court shall order the firearm destroyed, sold at public sale by an
87	87	auctioneer licensed under Chapter 1802, Occupations Code, or
88	88	forfeited to the state for use by a law enforcement agency in the
89	89	county, designated by the commissioners court. Only a firearms
90	90	dealer licensed under 18 U.S.C. Section 923 may purchase a firearm
91	91	at public sale under this subsection. Proceeds from the sale of an
92	92	unclaimed firearm under this section, after deduction of auction
93	93	costs, shall be deposited in the county treasury in a special fund
94	94	to be used to administer the secure location for the surrender of
95	95	firearms under this section. An expenditure from the fund may be
96	96	made only in accordance with a budget approved by the commissioners
97	97	court.
98	98	SECTION 4. Section 85.026(a), Family Code, is amended to
99	99	read as follows:
100	100	(a) Each protective order issued under this subtitle,
101	101	including a temporary ex parte order, must contain the following
102	102	prominently displayed statements in boldfaced type, capital
103	103	letters, or underlined:
104	104	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
105	105	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
106	106	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
107	107	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
108	108	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
109	109	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
110	110	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
111	111	UNLESS A COURT CHANGES THE ORDER."
112	112	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
113	113	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
114	114	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
115	115	SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
116	116	FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MAY SURRENDER
117	117	ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE
118	118	LOCATION AS PROVIDED BY SECTION 85.0225, FAMILY CODE, FOR THE
119	119	DURATION OF THIS ORDER."
120	120	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
121	121	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
122	122	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
123	123	RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
124	124	MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
125	125	SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
126	126	FOR AT LEAST TWO YEARS."
127	127	SECTION 5. (a) The commissioners court of each county shall
128	128	designate a secure location for the storage of surrendered
129	129	firearms, as required by this Act, not later than December 1, 2015,
130	130	and shall begin accepting surrendered firearms on January 1, 2016.
131	131	(b) The change in law made by this Act relating to the
132	132	contents of a protective order or a magistrate's order for
133	133	emergency protection applies to an order issued on or after January
134	134	1, 2016. An order issued before that date is governed by the law as
135	135	it existed immediately before the effective date of this Act, and
136	136	the former law is continued in effect for that purpose.
137	137	SECTION 6. This Act takes effect September 1, 2015.