| 1 | 1 | | By: Huffman S.B. No. 1944 |
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| 2 | 2 | | (Fletcher) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the disposition of a firearm seized from certain |
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| 8 | 8 | | persons with mental illness. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Articles 18.191(c) and (d), Code of Criminal |
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| 11 | 11 | | Procedure, are amended to read as follows: |
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| 12 | 12 | | (c) Not later than the 30th day after the date a firearm |
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| 13 | 13 | | subject to disposition under this article is seized, the law |
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| 14 | 14 | | enforcement agency holding the firearm shall contact the court in |
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| 15 | 15 | | the county having jurisdiction to order commitment under Chapter |
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| 16 | 16 | | 574, Health and Safety Code, and request the disposition of the |
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| 17 | 17 | | case. Not later than the 30th day after the date of this request, |
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| 18 | 18 | | the clerk of the court shall advise the requesting agency whether |
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| 19 | 19 | | the person taken into custody was released under Section 573.023 or |
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| 20 | 20 | | 574.028, Health and Safety Code, or was ordered to receive |
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| 21 | 21 | | inpatient mental health services under Section 574.034 or 574.035, |
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| 22 | 22 | | Health and Safety Code. |
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| 23 | 23 | | (d) Not later than the 30th day after the date the clerk of |
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| 24 | 24 | | the court informs a law enforcement agency holding a firearm |
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| 25 | 25 | | subject to disposition under this article that the person taken |
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| 26 | 26 | | into custody was released under Section 573.023 or 574.028, Health |
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| 27 | 27 | | and Safety Code, the law enforcement agency shall: |
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| 28 | 28 | | (1) conduct a check of state and national criminal |
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| 29 | 29 | | history record information to verify whether the person may |
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| 30 | 30 | | lawfully possess a firearm under 18 U.S.C. Section 922(g); and |
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| 31 | 31 | | (2) provide written notice to the person by certified |
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| 32 | 32 | | mail that the firearm may be returned to the person on verification |
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| 33 | 33 | | under Subdivision (1) that the person may lawfully possess the |
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| 34 | 34 | | firearm. |
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| 35 | 35 | | SECTION 2. This Act takes effect September 1, 2015. |
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