Texas 2019 - 86th Regular

Texas House Bill HB1713 Compare Versions

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

Old	New	Differences
1	1	86R10895 JSC-D
2	2	By: Ramos H.B. No. 1713
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring a person convicted of an offense involving
8	8	family violence or a felony or a person who is the subject of a
9	9	protective order to surrender firearms owned by the person.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 1, Code of Criminal Procedure, is amended
12	12	by adding Chapter 68 to read as follows:
13	13	CHAPTER 68. SURRENDER OF FIREARM ON CONVICTION OF CERTAIN OFFENSES
14	14	OR ISSUANCE OF CERTAIN PROTECTIVE ORDERS
15	15	Art. 68.01. APPLICABILITY. This chapter applies to a
16	16	person who:
17	17	(1) is convicted of:
18	18	(A) an offense involving family violence, as
19	19	defined by Section 71.004, Family Code; or
20	20	(B) a felony; or
21	21	(2) is the subject of:
22	22	(A) a protective order under Chapter 85, Family
23	23	Code, or Chapter 7A of this code; or
24	24	(B) a magistrate's order for emergency
25	25	protection under Article 17.292.
26	26	Art. 68.02. NOTICE AND ORDER TO SURRENDER FIREARM. On
27	27	conviction of a person for an offense described by Article 68.01(1)
28	28	or issuance of an order described by Article 68.01(2), the court
29	29	shall:
30	30	(1) provide written notice to the person who was
31	31	convicted or who is the subject of the order that the person is
32	32	prohibited from acquiring, possessing, or controlling a firearm
33	33	under 18 U.S.C. Section 922(g); and
34	34	(2) order the person to surrender all firearms the
35	35	person owns in the manner provided by Article 68.03 not later than
36	36	the 30th day after:
37	37	(A) the date the person receives notice under
38	38	this article; or
39	39	(B) if the person was taken into custody
40	40	immediately after conviction, the date the person is released from
41	41	confinement.
42	42	Art. 68.03. SURRENDER OF FIREARM. A person required to
43	43	surrender a firearm under Article 68.02 shall surrender the firearm
44	44	by:
45	45	(1) selling the firearm to a person who is a licensed
46	46	firearms dealer under 18 U.S.C. Section 923;
47	47	(2) surrendering the firearm to a law enforcement
48	48	agency for holding in the manner described by Article 68.05, if the
49	49	person is required to surrender the firearm based on:
50	50	(A) a conviction described by Article 68.01(1)
51	51	that the person intends to appeal; or
52	52	(B) an order described by Article 68.01(2); or
53	53	(3) surrendering the firearm to a law enforcement
54	54	agency for disposition in the manner provided by Article 68.06, if
55	55	the person is required to surrender the firearm based on a
56	56	conviction described by Article 68.01(1) that the person does not
57	57	intend to appeal.
58	58	Art. 68.04. REQUIRED DOCUMENTATION. (a) A person subject
59	59	to an order under Article 68.02 who does not own a firearm shall
60	60	submit to the court a signed affidavit affirming that the person
61	61	does not own a firearm.
62	62	(b) A licensed firearms dealer who takes possession of a
63	63	firearm from a person required to surrender the firearm under
64	64	Article 68.02 shall immediately provide the person with a written
65	65	receipt for the firearm, and the person shall file the receipt with
66	66	the court.
67	67	Art. 68.05. HOLDING OF FIREARM SURRENDERED TO LAW
68	68	ENFORCEMENT AGENCY. (a) A law enforcement agency that takes
69	69	possession of a firearm under Article 68.03(2) shall immediately
70	70	provide the person surrendering the firearm a written receipt for
71	71	the firearm and a written notice of the procedure for the return of
72	72	the firearm under this article.
73	73	(b) A person who receives a receipt under Subsection (a)
74	74	shall file the receipt with the court.
75	75	(c) Not later than the 30th day after the date of any of the
76	76	following, the clerk of the court shall notify the law enforcement
77	77	agency that, as applicable:
78	78	(1) the conviction for which the person was required
79	79	to surrender the person's firearm became final;
80	80	(2) the conviction for which the person was required
81	81	to surrender the person's firearm was vacated, dismissed, reversed
82	82	on appeal, or otherwise fully discharged or the person received a
83	83	full pardon for the conviction; or
84	84	(3) the order for which the person was required to
85	85	surrender the person's firearm has expired.
86	86	(d) Not later than the 30th day after the date the law
87	87	enforcement agency holding a firearm subject to disposition under
88	88	this article receives the notice described by Subsection (c)(2) or
89	89	(3), the law enforcement agency shall conduct a check of state and
90	90	national criminal history record information to verify whether the
91	91	person may lawfully possess a firearm under 18 U.S.C. Section
92	92	922(g) and under the law of this state.
93	93	(e) If the check conducted under Subsection (d) verifies
94	94	that the person may lawfully possess a firearm, the law enforcement
95	95	agency shall provide to the person by certified mail written notice
96	96	stating that the firearm may be returned to the person if, before
97	97	the 121st day after the date of the notice, the person submits a
98	98	written request for the return of the firearm.
99	99	(f) If the law enforcement agency receives notice under
100	100	Subsection (c)(1) or if the check conducted under Subsection (d)
101	101	shows that the person may not lawfully possess a firearm, the law
102	102	enforcement agency shall provide to the person by certified mail
103	103	written notice stating that:
104	104	(1) the person may not lawfully possess a firearm
105	105	under 18 U.S.C. Section 922(g) or under the law of this state; and
106	106	(2) the law enforcement agency holding the firearm
107	107	will dispose of the firearm in the manner provided by Article 68.06.
108	108	Art. 68.06. DISPOSITION OF FIREARM SURRENDERED TO LAW
109	109	ENFORCEMENT AGENCY. (a) A law enforcement agency shall provide for
110	110	a firearm surrendered to the law enforcement agency under this
111	111	chapter to be sold by a person who is a licensed firearms dealer
112	112	under 18 U.S.C. Section 923 if:
113	113	(1) the person surrendered the firearm under Article
114	114	68.03(2) and:
115	115	(A) the person did not respond to notice under
116	116	Article 68.05(e) before the 121st day after the date of the notice;
117	117	or
118	118	(B) the law enforcement agency has provided
119	119	notice under Article 68.05(f) that the person may not lawfully
120	120	possess a firearm and that the law enforcement agency intends to
121	121	dispose of the firearm as provided by this article; or
122	122	(2) the person surrendered the firearm under Article
123	123	68.03(3).
124	124	(b) The proceeds from the sale of a firearm under this
125	125	article shall be paid to the owner of the firearm, less the cost of
126	126	administering this article and, if applicable, Article 68.05 with
127	127	respect to the firearm.
128	128	(c) An unclaimed firearm that is surrendered as provided by
129	129	this chapter may not be destroyed or forfeited to the state.
130	130	Art. 68.07. FORM OF AFFIDAVIT. The Office of Court
131	131	Administration of the Texas Judicial System shall adopt a model
132	132	affidavit for purposes of Article 68.04.
133	133	SECTION 2. Article 7A.06(a), Code of Criminal Procedure, is
134	134	amended to read as follows:
135	135	(a) Each protective order issued under this chapter,
136	136	including a temporary ex parte order, must contain the following
137	137	prominently displayed statements in boldfaced type, capital
138	138	letters, or underlined:
139	139	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
140	140	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
141	141	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
142	142	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
143	143	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
144	144	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
145	145	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
146	146	UNLESS A COURT CHANGES THE ORDER."
147	147	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
148	148	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
149	149	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
150	150	SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
151	151	FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE
152	152	OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS PROVIDED
153	153	BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
154	154	SECTION 3. Article 17.292(g), Code of Criminal Procedure,
155	155	is amended to read as follows:
156	156	(g) An order for emergency protection issued under this
157	157	article must contain the following statements printed in bold-face
158	158	type or in capital letters:
159	159	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
160	160	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
161	161	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
162	162	RESULTS IN FAMILY VIOLENCE OR A STALKING OR TRAFFICKING OFFENSE MAY
163	163	BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE, AS
164	164	APPLICABLE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE,
165	165	IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO
166	166	YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE
167	167	OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED
168	168	IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY
169	169	OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE
170	170	PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR
171	171	IMPRISONMENT. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE OF OR
172	172	SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS PROVIDED BY
173	173	CHAPTER 68, CODE OF CRIMINAL PROCEDURE.
174	174	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
175	175	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
176	176	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
177	177	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
178	178	UNLESS A COURT CHANGES THE ORDER."
179	179	SECTION 4. Section 85.026(a), Family Code, is amended to
180	180	read as follows:
181	181	(a) Each protective order issued under this subtitle,
182	182	including a temporary ex parte order, must contain the following
183	183	prominently displayed statements in boldfaced type, capital
184	184	letters, or underlined:
185	185	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
186	186	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
187	187	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
188	188	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
189	189	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
190	190	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
191	191	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
192	192	UNLESS A COURT CHANGES THE ORDER."
193	193	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
194	194	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
195	195	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
196	196	SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
197	197	FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE
198	198	OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS PROVIDED
199	199	BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
200	200	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
201	201	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
202	202	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
203	203	RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
204	204	MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
205	205	SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
206	206	FOR AT LEAST TWO YEARS."
207	207	SECTION 5. (a) Chapter 68, Code of Criminal Procedure, as
208	208	added by this Act, applies only to a person who is convicted of an
209	209	offense described by Article 68.01(1), Code of Criminal Procedure,
210	210	as added by this Act, on or after January 1, 2020, or who is the
211	211	subject of an order described by Article 68.01(2), Code of Criminal
212	212	Procedure, as added by this Act, that is issued on or after that
213	213	date. A person who is convicted of an offense before January 1,
214	214	2020, or who is the subject of an order issued before that date is
215	215	governed by the law in effect immediately before the effective date
216	216	of this Act, and the former law is continued in effect for that
217	217	purpose.
218	218	(b) The Office of Court Administration of the Texas Judicial
219	219	System shall adopt the model affidavit required by Article 68.07,
220	220	Code of Criminal Procedure, as added by this Act, not later than
221	221	December 1, 2019.
222	222	SECTION 6. The change in law made by this Act relating to
223	223	the contents of a protective order or a magistrate's order for
224	224	emergency protection applies to an order issued on or after January
225	225	1, 2020. An order issued before that date is governed by the law as
226	226	it existed immediately before the effective date of this Act, and
227	227	the former law is continued in effect for that purpose.
228	228	SECTION 7. This Act takes effect September 1, 2019.