Texas 2019 - 86th Regular

Texas House Bill HB3191 Compare Versions

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

Old	New	Differences
1	1	86R8070 TSS-F
2	2	By: Moody H.B. No. 3191
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring a person who is the subject of a family
8	8	violence protective order or arrested for or charged with an
9	9	offense involving family violence to surrender firearms owned by
10	10	the person.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 236, Local Government Code, is amended
13	13	by adding Section 236.004 to read as follows:
14	14	Sec. 236.004. COUNTY TASK FORCES FOR SURRENDER AND RETURN
15	15	OF FIREARMS DUE TO FAMILY VIOLENCE. (a) In this section:
16	16	(1) "Family violence center" means a public or private
17	17	nonprofit organization that provides, as its primary purpose,
18	18	services to victims of family violence, including the services
19	19	under Section 51.005(b)(3), Human Resources Code.
20	20	(2) "Firearm" has the meaning assigned by Section
21	21	46.01, Penal Code.
22	22	(3) "Task force" means a task force for the surrender
23	23	and return of firearms due to family violence, as created by a
24	24	county under this section.
25	25	(4) "Victim of family violence" has the meaning
26	26	assigned by Section 51.002, Human Resources Code.
27	27	(b) Each county commissioners court shall establish a task
28	28	force for the surrender and return of firearms due to family
29	29	violence, including the following members if applicable for the
30	30	county:
31	31	(1) the chief administrative officer of a family
32	32	violence center or the chief administrator's designee;
33	33	(2) the chief of police of the municipality having the
34	34	largest population in the county or the chief's designee;
35	35	(3) the sheriff of the county or the sheriff's
36	36	designee;
37	37	(4) a judge of a court in the county with jurisdiction
38	38	over cases involving family violence; and
39	39	(5) a prosecutor with jurisdiction in the county over
40	40	cases involving family violence.
41	41	(c) The county commissioners court shall call the first
42	42	meeting of the task force at which the members shall elect a
43	43	presiding officer. All subsequent meetings shall be held at the
44	44	call of the presiding officer.
45	45	(d) The presiding officer may appoint additional members to
46	46	the task force if necessary for the task force to complete its
47	47	duties under Subsection (g).
48	48	(e) The task force may consult with individuals or
49	49	organizations having knowledge and experience in the issues of
50	50	firearms and family violence.
51	51	(f) A vacancy for a member of the task force shall be filled
52	52	immediately and in the same manner as the original appointment.
53	53	(g) The task force shall develop policy recommendations,
54	54	model forms, and guidelines for best practices related to the
55	55	surrender, receipt, storage, return, and disposal of firearms due
56	56	to an order prohibiting a person from possessing a firearm
57	57	following a finding of family violence entered by a court or an
58	58	arrest or charge for an offense involving family violence,
59	59	including:
60	60	(1) a protective order issued under Title 4, Family
61	61	Code, or Chapter 7A, Code of Criminal Procedure;
62	62	(2) a magistrate's order of emergency protection
63	63	issued under Article 17.292, Code of Criminal Procedure;
64	64	(3) an order setting the conditions of bond for a
65	65	defendant charged with an offense involving family violence under
66	66	Article 17.49, Code of Criminal Procedure; and
67	67	(4) an order granting community supervision to a
68	68	defendant as described by Article 42A.504, Code of Criminal
69	69	Procedure.
70	70	(h) In developing the recommendations, forms, and
71	71	guidelines required under this section, the task force shall:
72	72	(1) consult with a family violence advocacy
73	73	organization that provides services throughout the state;
74	74	(2) prioritize the safety of victims of family
75	75	violence and law enforcement personnel;
76	76	(3) ensure due process is provided;
77	77	(4) provide specific guidance on the surrender,
78	78	receipt, and storage of a firearm and the return or disposal of a
79	79	firearm;
80	80	(5) require proof of compliance with orders requiring
81	81	the surrender of a firearm; and
82	82	(6) provide for an enforcement option if compliance is
83	83	not proven within 48 hours of the issuance of an order requiring
84	84	surrender of a firearm.
85	85	(i) The task force shall make available all
86	86	recommendations, forms, and guidelines developed under this
87	87	section to all judges with jurisdiction over cases involving family
88	88	violence in the county and all law enforcement agencies with
89	89	jurisdiction in the county.
90	90	(j) The task force shall meet not later than the 90th day
91	91	following the end of each regular legislative session to review and
92	92	amend any recommendations, forms, or guidelines developed under
93	93	this section.
94	94	(k) Not later than December 1 of each odd-numbered year, the
95	95	task force shall provide the county commissioners court a report
96	96	including:
97	97	(1) a list of task force members;
98	98	(2) a summary of all recommendations, forms, and
99	99	guidelines developed under this section;
100	100	(3) a description of practices and procedures in the
101	101	courts and law enforcement agencies within the county in regard to
102	102	the surrender, receipt, storage, return, and disposal of firearms
103	103	due to family violence; and
104	104	(4) a description of potential sources of funding
105	105	available to implement recommendations.
106	106	(l) The commissioners courts of multiple counties may agree
107	107	to form a regional task force under this section to serve the needs
108	108	of all counties in the agreement.
109	109	SECTION 2. Article 7A.05, Code of Criminal Procedure, is
110	110	amended by adding Subsection (b-2) to read as follows:
111	111	(b-2)(1) In an order under Subsection (a)(2)(D), if the
112	112	applicant's relationship to or association with the alleged
113	113	offender is described by Section 71.0021(b), 71.003, or 71.005,
114	114	Family Code, the court may also order the alleged offender to
115	115	surrender all firearms owned by the offender.
116	116	(2) Any order entered under this subsection must:
117	117	(A) provide notice to the alleged offender;
118	118	(B) provide for the receipt and storage of and
119	119	for the return or disposal of a surrendered firearm; and
120	120	(C) require proof of compliance.
121	121	(3) When entering an order under this subsection, the
122	122	court may adopt a recommendation, model form, or guideline
123	123	developed by a task force under Section 236.004, Local Government
124	124	Code, for the county in which the court is located.
125	125	SECTION 3. Article 17.292, Code of Criminal Procedure, is
126	126	amended by adding Subsection (l-1) to read as follows:
127	127	(l-1)(1) If an order for emergency protection issued under
128	128	this article prohibits the defendant from possessing a firearm and
129	129	if the defendant was arrested for an offense involving family
130	130	violence, the magistrate may also order the defendant to surrender
131	131	all firearms owned by the defendant.
132	132	(2) Any order entered under this subsection must:
133	133	(A) provide notice to the defendant;
134	134	(B) provide for the receipt and storage of and
135	135	for the return or disposal of a surrendered firearm; and
136	136	(C) require proof of compliance.
137	137	(3) When entering an order under this subsection, the
138	138	magistrate may adopt a recommendation, model form, or guideline
139	139	developed by a task force under Section 236.004, Local Government
140	140	Code, for the county in which the court is located.
141	141	SECTION 4. Article 17.49, Code of Criminal Procedure, is
142	142	amended by amending Subsection (b) and adding Subsection (c-1) to
143	143	read as follows:
144	144	(b) A magistrate may require as a condition of release on
145	145	bond that a defendant charged with an offense involving family
146	146	violence:
147	147	(1) refrain from going to or near a residence, school,
148	148	place of employment, or other location, as specifically described
149	149	in the bond, frequented by an alleged victim of the offense;
150	150	(1-a) refrain from possessing a firearm, unless the
151	151	defendant is a peace officer, as defined by Section 1.07, Penal
152	152	Code, actively engaged in employment as a sworn, full-time paid
153	153	employee of a state agency or political subdivision;
154	154	(2) carry or wear a global positioning monitoring
155	155	system device and, except as provided by Subsection (h), pay the
156	156	costs associated with operating that system in relation to the
157	157	defendant; or
158	158	(3) except as provided by Subsection (h), if the
159	159	alleged victim of the offense consents after receiving the
160	160	information described by Subsection (d), pay the costs associated
161	161	with providing the victim with an electronic receptor device that:
162	162	(A) is capable of receiving the global
163	163	positioning monitoring system information from the device carried
164	164	or worn by the defendant; and
165	165	(B) notifies the victim if the defendant is at or
166	166	near a location that the defendant has been ordered to refrain from
167	167	going to or near under Subdivision (1).
168	168	(c-1)(1) If the magistrate imposes a condition described by
169	169	Subsection (b)(1-a), the magistrate may also enter an order
170	170	requiring the defendant to surrender all firearms owned by the
171	171	defendant.
172	172	(2) Any order entered under this subsection must:
173	173	(A) provide notice to the defendant;
174	174	(B) provide for the receipt and storage of and
175	175	for the return or disposal of a surrendered firearm; and
176	176	(C) require proof of compliance.
177	177	(3) When entering an order under this subsection, the
178	178	magistrate may adopt a recommendation, model form, or guideline
179	179	developed by a task force under Section 236.004, Local Government
180	180	Code, for the county in which the court is located.
181	181	SECTION 5. Article 42A.504, Code of Criminal Procedure, is
182	182	amended by amending Subsection (c) and adding Subsections (e) and
183	183	(f) to read as follows:
184	184	(c) If the court grants community supervision to a defendant
185	185	convicted of an offense involving family violence, the court may
186	186	require the defendant, at the direction of the supervision officer,
187	187	to:
188	188	(1) attend a battering intervention and prevention
189	189	program or counsel with a provider of battering intervention and
190	190	prevention services if the program or provider has been accredited
191	191	under Section 4A, Article 42.141, as conforming to program
192	192	guidelines under that article; [or]
193	193	(2) if the referral option under Subdivision (1) is
194	194	not available, attend counseling sessions for the elimination of
195	195	violent behavior with a licensed counselor, social worker, or other
196	196	professional who has completed family violence intervention
197	197	training that the community justice assistance division of the
198	198	Texas Department of Criminal Justice has approved, after
199	199	consultation with the licensing authorities described by Chapters
200	200	152, 501, 502, 503, and 505, Occupations Code, and experts in the
201	201	field of family violence; or
202	202	(3) refrain from possessing a firearm, unless the
203	203	defendant is a peace officer, as defined by Section 1.07, Penal
204	204	Code, actively engaged in employment as a sworn, full-time paid
205	205	employee of a state agency or political subdivision.
206	206	(e) If the court under Subsection (c)(3) requires the
207	207	defendant to refrain from possessing a firearm, the court may also
208	208	enter an order requiring the defendant to surrender all firearms
209	209	owned by the defendant. Any order entered under this subsection
210	210	must:
211	211	(1) provide notice to the defendant;
212	212	(2) provide for the receipt and storage of and for the
213	213	return or disposal of a surrendered firearm; and
214	214	(3) require proof of compliance.
215	215	(f) When entering an order under Subsection (e), the court
216	216	may adopt a recommendation, model form, or guideline developed by a
217	217	task force under Section 236.004, Local Government Code, for the
218	218	county in which the court is located.
219	219	SECTION 6. Section 85.022, Family Code, is amended by
220	220	adding Subsections (c-1) and (c-2) to read as follows:
221	221	(c-1) In an order under Subsection (b)(6), the court may
222	222	also order the person to surrender all firearms owned by the person.
223	223	Any order entered under this subsection must:
224	224	(1) provide notice to the person;
225	225	(2) provide for the receipt and storage of and for the
226	226	return or disposal of a surrendered firearm; and
227	227	(3) require proof of compliance.
228	228	(c-2) When entering an order under Subsection (c-1), the
229	229	court may adopt a recommendation, model form, or guideline
230	230	developed by a task force under Section 236.004, Local Government
231	231	Code, for the county in which the court is located.
232	232	SECTION 7. Notwithstanding the requirement in Section
233	233	236.004, Local Government Code, as added by this Act, that a report
234	234	be submitted by December 1 of each odd-numbered year, a task force
235	235	created under that section shall submit its first report to the
236	236	county commissioners court not later than June 1, 2020.
237	237	SECTION 8. The changes in law made by this Act apply only to
238	238	a protective order, magistrate's order of emergency protection,
239	239	order granting community supervision, or order releasing a
240	240	defendant on bond entered on or after the effective date of this
241	241	Act. A protective order, magistrate's order of emergency
242	242	protection, order granting community supervision, or order
243	243	releasing a defendant on bond entered before the effective date of
244	244	this Act is governed by the law in effect on the date the order was
245	245	entered, and the former law is continued in effect for that purpose.
246	246	SECTION 9. This Act takes effect September 1, 2019.