86R8070 TSS-F
By: Moody H.B. No. 3191
A BILL TO BE ENTITLED
AN ACT
relating to requiring a person who is the subject of a family
violence protective order or arrested for or charged with an
offense involving family violence to surrender firearms owned by
the person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 236, Local Government Code, is amended
by adding Section 236.004 to read as follows:
Sec. 236.004. COUNTY TASK FORCES FOR SURRENDER AND RETURN
OF FIREARMS DUE TO FAMILY VIOLENCE. (a) In this section:
(1) "Family violence center" means a public or private
nonprofit organization that provides, as its primary purpose,
services to victims of family violence, including the services
under Section 51.005(b)(3), Human Resources Code.
(2) "Firearm" has the meaning assigned by Section
46.01, Penal Code.
(3) "Task force" means a task force for the surrender
and return of firearms due to family violence, as created by a
county under this section.
(4) "Victim of family violence" has the meaning
assigned by Section 51.002, Human Resources Code.
(b) Each county commissioners court shall establish a task
force for the surrender and return of firearms due to family
violence, including the following members if applicable for the
county:
(1) the chief administrative officer of a family
violence center or the chief administrator's designee;
(2) the chief of police of the municipality having the
largest population in the county or the chief's designee;
(3) the sheriff of the county or the sheriff's
designee;
(4) a judge of a court in the county with jurisdiction
over cases involving family violence; and
(5) a prosecutor with jurisdiction in the county over
cases involving family violence.
(c) The county commissioners court shall call the first
meeting of the task force at which the members shall elect a
presiding officer. All subsequent meetings shall be held at the
call of the presiding officer.
(d) The presiding officer may appoint additional members to
the task force if necessary for the task force to complete its
duties under Subsection (g).
(e) The task force may consult with individuals or
organizations having knowledge and experience in the issues of
firearms and family violence.
(f) A vacancy for a member of the task force shall be filled
immediately and in the same manner as the original appointment.
(g) The task force shall develop policy recommendations,
model forms, and guidelines for best practices related to the
surrender, receipt, storage, return, and disposal of firearms due
to an order prohibiting a person from possessing a firearm
following a finding of family violence entered by a court or an
arrest or charge for an offense involving family violence,
including:
(1) a protective order issued under Title 4, Family
Code, or Chapter 7A, Code of Criminal Procedure;
(2) a magistrate's order of emergency protection
issued under Article 17.292, Code of Criminal Procedure;
(3) an order setting the conditions of bond for a
defendant charged with an offense involving family violence under
Article 17.49, Code of Criminal Procedure; and
(4) an order granting community supervision to a
defendant as described by Article 42A.504, Code of Criminal
Procedure.
(h) In developing the recommendations, forms, and
guidelines required under this section, the task force shall:
(1) consult with a family violence advocacy
organization that provides services throughout the state;
(2) prioritize the safety of victims of family
violence and law enforcement personnel;
(3) ensure due process is provided;
(4) provide specific guidance on the surrender,
receipt, and storage of a firearm and the return or disposal of a
firearm;
(5) require proof of compliance with orders requiring
the surrender of a firearm; and
(6) provide for an enforcement option if compliance is
not proven within 48 hours of the issuance of an order requiring
surrender of a firearm.
(i) The task force shall make available all
recommendations, forms, and guidelines developed under this
section to all judges with jurisdiction over cases involving family
violence in the county and all law enforcement agencies with
jurisdiction in the county.
(j) The task force shall meet not later than the 90th day
following the end of each regular legislative session to review and
amend any recommendations, forms, or guidelines developed under
this section.
(k) Not later than December 1 of each odd-numbered year, the
task force shall provide the county commissioners court a report
including:
(1) a list of task force members;
(2) a summary of all recommendations, forms, and
guidelines developed under this section;
(3) a description of practices and procedures in the
courts and law enforcement agencies within the county in regard to
the surrender, receipt, storage, return, and disposal of firearms
due to family violence; and
(4) a description of potential sources of funding
available to implement recommendations.
(l) The commissioners courts of multiple counties may agree
to form a regional task force under this section to serve the needs
of all counties in the agreement.
SECTION 2. Article 7A.05, Code of Criminal Procedure, is
amended by adding Subsection (b-2) to read as follows:
(b-2)(1) In an order under Subsection (a)(2)(D), if the
applicant's relationship to or association with the alleged
offender is described by Section 71.0021(b), 71.003, or 71.005,
Family Code, the court may also order the alleged offender to
surrender all firearms owned by the offender.
(2) Any order entered under this subsection must:
(A) provide notice to the alleged offender;
(B) provide for the receipt and storage of and
for the return or disposal of a surrendered firearm; and
(C) require proof of compliance.
(3) When entering an order under this subsection, the
court may adopt a recommendation, model form, or guideline
developed by a task force under Section 236.004, Local Government
Code, for the county in which the court is located.
SECTION 3. Article 17.292, Code of Criminal Procedure, is
amended by adding Subsection (l-1) to read as follows:
(l-1)(1) If an order for emergency protection issued under
this article prohibits the defendant from possessing a firearm and
if the defendant was arrested for an offense involving family
violence, the magistrate may also order the defendant to surrender
all firearms owned by the defendant.
(2) Any order entered under this subsection must:
(A) provide notice to the defendant;
(B) provide for the receipt and storage of and
for the return or disposal of a surrendered firearm; and
(C) require proof of compliance.
(3) When entering an order under this subsection, the
magistrate may adopt a recommendation, model form, or guideline
developed by a task force under Section 236.004, Local Government
Code, for the county in which the court is located.
SECTION 4. Article 17.49, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (c-1) to
read as follows:
(b) A magistrate may require as a condition of release on
bond that a defendant charged with an offense involving family
violence:
(1) refrain from going to or near a residence, school,
place of employment, or other location, as specifically described
in the bond, frequented by an alleged victim of the offense;
(1-a) refrain from possessing a firearm, unless the
defendant is a peace officer, as defined by Section 1.07, Penal
Code, actively engaged in employment as a sworn, full-time paid
employee of a state agency or political subdivision;
(2) carry or wear a global positioning monitoring
system device and, except as provided by Subsection (h), pay the
costs associated with operating that system in relation to the
defendant; or
(3) except as provided by Subsection (h), if the
alleged victim of the offense consents after receiving the
information described by Subsection (d), pay the costs associated
with providing the victim with an electronic receptor device that:
(A) is capable of receiving the global
positioning monitoring system information from the device carried
or worn by the defendant; and
(B) notifies the victim if the defendant is at or
near a location that the defendant has been ordered to refrain from
going to or near under Subdivision (1).
(c-1)(1) If the magistrate imposes a condition described by
Subsection (b)(1-a), the magistrate may also enter an order
requiring the defendant to surrender all firearms owned by the
defendant.
(2) Any order entered under this subsection must:
(A) provide notice to the defendant;
(B) provide for the receipt and storage of and
for the return or disposal of a surrendered firearm; and
(C) require proof of compliance.
(3) When entering an order under this subsection, the
magistrate may adopt a recommendation, model form, or guideline
developed by a task force under Section 236.004, Local Government
Code, for the county in which the court is located.
SECTION 5. Article 42A.504, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsections (e) and
(f) to read as follows:
(c) If the court grants community supervision to a defendant
convicted of an offense involving family violence, the court may
require the defendant, at the direction of the supervision officer,
to:
(1) attend a battering intervention and prevention
program or counsel with a provider of battering intervention and
prevention services if the program or provider has been accredited
under Section 4A, Article 42.141, as conforming to program
guidelines under that article; [or]
(2) if the referral option under Subdivision (1) is
not available, attend counseling sessions for the elimination of
violent behavior with a licensed counselor, social worker, or other
professional who has completed family violence intervention
training that the community justice assistance division of the
Texas Department of Criminal Justice has approved, after
consultation with the licensing authorities described by Chapters
152, 501, 502, 503, and 505, Occupations Code, and experts in the
field of family violence; or
(3) refrain from possessing a firearm, unless the
defendant is a peace officer, as defined by Section 1.07, Penal
Code, actively engaged in employment as a sworn, full-time paid
employee of a state agency or political subdivision.
(e) If the court under Subsection (c)(3) requires the
defendant to refrain from possessing a firearm, the court may also
enter an order requiring the defendant to surrender all firearms
owned by the defendant. Any order entered under this subsection
must:
(1) provide notice to the defendant;
(2) provide for the receipt and storage of and for the
return or disposal of a surrendered firearm; and
(3) require proof of compliance.
(f) When entering an order under Subsection (e), the court
may adopt a recommendation, model form, or guideline developed by a
task force under Section 236.004, Local Government Code, for the
county in which the court is located.
SECTION 6. Section 85.022, Family Code, is amended by
adding Subsections (c-1) and (c-2) to read as follows:
(c-1) In an order under Subsection (b)(6), the court may
also order the person to surrender all firearms owned by the person.
Any order entered under this subsection must:
(1) provide notice to the person;
(2) provide for the receipt and storage of and for the
return or disposal of a surrendered firearm; and
(3) require proof of compliance.
(c-2) When entering an order under Subsection (c-1), the
court may adopt a recommendation, model form, or guideline
developed by a task force under Section 236.004, Local Government
Code, for the county in which the court is located.
SECTION 7. Notwithstanding the requirement in Section
236.004, Local Government Code, as added by this Act, that a report
be submitted by December 1 of each odd-numbered year, a task force
created under that section shall submit its first report to the
county commissioners court not later than June 1, 2020.
SECTION 8. The changes in law made by this Act apply only to
a protective order, magistrate's order of emergency protection,
order granting community supervision, or order releasing a
defendant on bond entered on or after the effective date of this
Act. A protective order, magistrate's order of emergency
protection, order granting community supervision, or order
releasing a defendant on bond entered before the effective date of
this Act is governed by the law in effect on the date the order was
entered, and the former law is continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2019.