| 1 | 1 | | 86R9439 JSC-D |
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| 2 | 2 | | By: Collier H.B. No. 3812 |
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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 reporting, maintenance, and use of certain |
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| 8 | 8 | | misdemeanor conviction information for purposes of the databases |
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| 9 | 9 | | used in a federal firearm background check. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 411.052(a) and (e), Government Code, |
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| 12 | 12 | | are amended to read as follows: |
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| 13 | 13 | | (a) In this section: |
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| 14 | 14 | | (1) "Family violence misdemeanor" means a misdemeanor |
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| 15 | 15 | | crime of domestic violence under 18 U.S.C. Section 921. |
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| 16 | 16 | | (2) "Federal[, "federal] prohibited person |
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| 17 | 17 | | information" means information that identifies an individual as: |
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| 18 | 18 | | (A) [(1)] a person ordered by a court to receive |
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| 19 | 19 | | inpatient mental health services under Chapter 574, Health and |
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| 20 | 20 | | Safety Code; |
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| 21 | 21 | | (B) [(2)] a person acquitted in a criminal case |
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| 22 | 22 | | by reason of insanity or lack of mental responsibility, regardless |
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| 23 | 23 | | of whether the person is ordered by a court to receive inpatient |
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| 24 | 24 | | treatment or residential care under Chapter 46C, Code of Criminal |
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| 25 | 25 | | Procedure; |
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| 26 | 26 | | (C) [(3)] a person determined to have mental |
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| 27 | 27 | | retardation and committed by a court for long-term placement in a |
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| 28 | 28 | | residential care facility under Chapter 593, Health and Safety |
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| 29 | 29 | | Code; |
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| 30 | 30 | | (D) [(4)] an incapacitated adult individual for |
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| 31 | 31 | | whom a court has appointed a guardian of the individual under Title |
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| 32 | 32 | | 3, Estates Code, based on the determination that the person lacks |
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| 33 | 33 | | the mental capacity to manage the person's affairs; [or] |
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| 34 | 34 | | (E) [(5)] a person determined to be incompetent |
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| 35 | 35 | | to stand trial under Chapter 46B, Code of Criminal Procedure; or |
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| 36 | 36 | | (F) a person convicted of a family violence |
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| 37 | 37 | | misdemeanor. |
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| 38 | 38 | | (e) The department by rule shall establish a procedure to |
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| 39 | 39 | | correct department records and transmit those corrected records to |
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| 40 | 40 | | the Federal Bureau of Investigation when a person provides: |
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| 41 | 41 | | (1) a copy of a judicial order or finding that a person |
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| 42 | 42 | | is no longer an incapacitated adult or is entitled to relief from |
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| 43 | 43 | | disabilities under Section 574.088, Health and Safety Code; [or] |
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| 44 | 44 | | (2) proof that the person has obtained notice of |
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| 45 | 45 | | relief from disabilities under 18 U.S.C. Section 925; or |
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| 46 | 46 | | (3) proof that the person is no longer ineligible to |
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| 47 | 47 | | possess a firearm based on the commission of a family violence |
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| 48 | 48 | | misdemeanor. |
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| 49 | 49 | | SECTION 2. Section 411.0521(a), Government Code, is amended |
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| 50 | 50 | | to read as follows: |
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| 51 | 51 | | (a) The clerk of the court shall prepare and forward to the |
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| 52 | 52 | | department the information described by Subsection (b) not later |
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| 53 | 53 | | than the 30th day after the date the court: |
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| 54 | 54 | | (1) orders a person to receive inpatient mental health |
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| 55 | 55 | | services under Chapter 574, Health and Safety Code; |
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| 56 | 56 | | (2) acquits a person in a criminal case by reason of |
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| 57 | 57 | | insanity or lack of mental responsibility, regardless of whether |
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| 58 | 58 | | the person is ordered to receive inpatient treatment or residential |
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| 59 | 59 | | care under Chapter 46C, Code of Criminal Procedure; |
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| 60 | 60 | | (3) commits a person determined to have mental |
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| 61 | 61 | | retardation for long-term placement in a residential care facility |
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| 62 | 62 | | under Chapter 593, Health and Safety Code; |
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| 63 | 63 | | (4) appoints a guardian of the incapacitated adult |
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| 64 | 64 | | individual under Title 3, Estates Code, based on the determination |
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| 65 | 65 | | that the person lacks the mental capacity to manage the person's |
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| 66 | 66 | | affairs; |
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| 67 | 67 | | (5) determines a person is incompetent to stand trial |
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| 68 | 68 | | under Chapter 46B, Code of Criminal Procedure; [or] |
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| 69 | 69 | | (6) finds a person is entitled to relief from |
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| 70 | 70 | | disabilities under Section 574.088, Health and Safety Code; or |
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| 71 | 71 | | (7) enters a judgment of conviction with respect to a |
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| 72 | 72 | | family violence misdemeanor as defined by Section 411.052 that is |
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| 73 | 73 | | punishable by fine only. |
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| 74 | 74 | | SECTION 3. The change in law made by this Act applies only |
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| 75 | 75 | | to a judgment entered on or after the effective date of this Act. A |
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| 76 | 76 | | judgment entered before the effective date of this Act is governed |
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| 77 | 77 | | by the law in effect on the date the judgment was entered, and the |
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| 78 | 78 | | former law is continued in effect for that purpose. |
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| 79 | 79 | | SECTION 4. This Act takes effect September 1, 2019. |
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