86R9439 JSC-D
By: Collier H.B. No. 3812
A BILL TO BE ENTITLED
AN ACT
relating to the reporting, maintenance, and use of certain
misdemeanor conviction information for purposes of the databases
used in a federal firearm background check.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 411.052(a) and (e), Government Code,
are amended to read as follows:
(a) In this section:
(1) "Family violence misdemeanor" means a misdemeanor
crime of domestic violence under 18 U.S.C. Section 921.
(2) "Federal[, "federal] prohibited person
information" means information that identifies an individual as:
(A) [(1)] a person ordered by a court to receive
inpatient mental health services under Chapter 574, Health and
Safety Code;
(B) [(2)] a person acquitted in a criminal case
by reason of insanity or lack of mental responsibility, regardless
of whether the person is ordered by a court to receive inpatient
treatment or residential care under Chapter 46C, Code of Criminal
Procedure;
(C) [(3)] a person determined to have mental
retardation and committed by a court for long-term placement in a
residential care facility under Chapter 593, Health and Safety
Code;
(D) [(4)] an incapacitated adult individual for
whom a court has appointed a guardian of the individual under Title
3, Estates Code, based on the determination that the person lacks
the mental capacity to manage the person's affairs; [or]
(E) [(5)] a person determined to be incompetent
to stand trial under Chapter 46B, Code of Criminal Procedure; or
(F) a person convicted of a family violence
misdemeanor.
(e) The department by rule shall establish a procedure to
correct department records and transmit those corrected records to
the Federal Bureau of Investigation when a person provides:
(1) a copy of a judicial order or finding that a person
is no longer an incapacitated adult or is entitled to relief from
disabilities under Section 574.088, Health and Safety Code; [or]
(2) proof that the person has obtained notice of
relief from disabilities under 18 U.S.C. Section 925; or
(3) proof that the person is no longer ineligible to
possess a firearm based on the commission of a family violence
misdemeanor.
SECTION 2. Section 411.0521(a), Government Code, is amended
to read as follows:
(a) The clerk of the court shall prepare and forward to the
department the information described by Subsection (b) not later
than the 30th day after the date the court:
(1) orders a person to receive inpatient mental health
services under Chapter 574, Health and Safety Code;
(2) acquits a person in a criminal case by reason of
insanity or lack of mental responsibility, regardless of whether
the person is ordered to receive inpatient treatment or residential
care under Chapter 46C, Code of Criminal Procedure;
(3) commits a person determined to have mental
retardation for long-term placement in a residential care facility
under Chapter 593, Health and Safety Code;
(4) appoints a guardian of the incapacitated adult
individual under Title 3, Estates Code, based on the determination
that the person lacks the mental capacity to manage the person's
affairs;
(5) determines a person is incompetent to stand trial
under Chapter 46B, Code of Criminal Procedure; [or]
(6) finds a person is entitled to relief from
disabilities under Section 574.088, Health and Safety Code; or
(7) enters a judgment of conviction with respect to a
family violence misdemeanor as defined by Section 411.052 that is
punishable by fine only.
SECTION 3. The change in law made by this Act applies only
to a judgment entered on or after the effective date of this Act. A
judgment entered before the effective date of this Act is governed
by the law in effect on the date the judgment was entered, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.