Texas 2019 - 86th Regular

Texas Senate Bill SB1766 Compare Versions

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

Old	New	Differences
1	1	By: West S.B. No. 1766
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to requiring a person who is the subject of a family
7	7	violence protective order to surrender firearms owned by the
8	8	person.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 236, Local Government Code, is amended
11	11	by adding Section 236.004 to read as follows:
12	12	Sec. 236.004. COUNTY TASK FORCES FOR SURRENDER AND RETURN
13	13	OF FIREARMS DUE TO FAMILY VIOLENCE. (a) In this section:
14	14	(1) "Family violence center" means a public or private
15	15	nonprofit organization that provides, as its primary purpose,
16	16	services to victims of family violence, including the services
17	17	under Section 51.005(b)(3), Human Resources Code.
18	18	(2) "Firearm" has the meaning assigned by Section
19	19	46.01, Penal Code.
20	20	(3) "Task force" means a task force for the surrender
21	21	and return of firearms due to family violence, as created by a
22	22	county under this section.
23	23	(4) "Victim of family violence" has the meaning
24	24	assigned by Section 51.002, Human Resources Code.
25	25	(b) Each county commissioners court shall establish a task
26	26	force for the surrender and return of firearms due to family
27	27	violence, including the following members if applicable for the
28	28	county:
29	29	(1) the chief administrative officer of a family
30	30	violence center or the chief administrator's designee;
31	31	(2) the chief of police of the municipality having the
32	32	largest population in the county or the chief's designee;
33	33	(3) the sheriff of the county or the sheriff's
34	34	designee;
35	35	(4) a judge of a court in the county with jurisdiction
36	36	over cases involving family violence; and
37	37	(5) a prosecutor with jurisdiction in the county over
38	38	cases involving family violence.
39	39	(c) The county commissioners court shall call the first
40	40	meeting of the task force at which the members shall elect a
41	41	presiding officer. All subsequent meetings shall be held at the
42	42	call of the presiding officer.
43	43	(d) The presiding officer may appoint additional members to
44	44	the task force if necessary for the task force to complete its
45	45	duties under Subsection (g).
46	46	(e) The task force may consult with individuals or
47	47	organizations having knowledge and experience in the issues of
48	48	firearms and family violence.
49	49	(f) A vacancy for a member of the task force shall be filled
50	50	immediately and in the same manner as the original appointment.
51	51	(g) The task force shall develop policy recommendations,
52	52	model forms, and guidelines for best practices related to the
53	53	surrender, receipt, storage, return, and disposal of firearms due
54	54	to an order prohibiting a person from possessing a firearm
55	55	following a finding of family violence entered by a court or an
56	56	arrest or charge for an offense involving family violence,
57	57	including:
58	58	(1) a protective order issued under Title 4, Family
59	59	Code, or Chapter 7A, Code of Criminal Procedure; or
60	60	(2) a magistrate's order of emergency protection
61	61	issued under Article 17.292, Code of Criminal Procedure.
62	62	(h) In developing the recommendations, forms, and
63	63	guidelines required under this section, the task force shall:
64	64	(1) consult with a family violence advocacy
65	65	organization that provides services throughout the state;
66	66	(2) prioritize the safety of victims of family
67	67	violence and law enforcement personnel;
68	68	(3) ensure due process is provided;
69	69	(4) provide specific guidance on the surrender,
70	70	receipt, and storage of a firearm and the return or disposal of a
71	71	firearm;
72	72	(5) require proof of compliance with orders requiring
73	73	the surrender of a firearm; and
74	74	(6) provide for an enforcement option if compliance is
75	75	not proven within 48 hours of the issuance of an order requiring
76	76	surrender of a firearm.
77	77	(i) The task force shall make available all
78	78	recommendations, forms, and guidelines developed under this
79	79	section to all judges with jurisdiction over cases involving family
80	80	violence in the county and all law enforcement agencies with
81	81	jurisdiction in the county.
82	82	(j) The task force shall meet not later than the 90th day
83	83	following the end of each regular legislative session to review and
84	84	amend any recommendations, forms, or guidelines developed under
85	85	this section.
86	86	(k) Not later than December 1 of each odd-numbered year, the
87	87	task force shall provide the county commissioners court a report
88	88	including:
89	89	(1) a list of task force members;
90	90	(2) a summary of all recommendations, forms, and
91	91	guidelines developed under this section;
92	92	(3) a description of practices and procedures in the
93	93	courts and law enforcement agencies within the county in regard to
94	94	the surrender, receipt, storage, return, and disposal of firearms
95	95	due to family violence; and
96	96	(4) a description of potential sources of funding
97	97	available to implement recommendations.
98	98	(l) The commissioners courts of multiple counties may agree
99	99	to form a regional task force under this section to serve the needs
100	100	of all counties in the agreement.
101	101	SECTION 2. Article 7A.05, Code of Criminal Procedure, is
102	102	amended by adding Subsection (b-2) to read as follows:
103	103	(b-2)(1) In an order under Subsection (a)(2)(D), if the
104	104	applicant's relationship to or association with the alleged
105	105	offender is described by Section 71.0021(b), 71.003, or 71.005,
106	106	Family Code, the court may also order the alleged offender to
107	107	surrender all firearms owned by the offender.
108	108	(2) Any order entered under this subsection must:
109	109	(A) provide notice to the alleged offender;
110	110	(B) provide for the receipt and storage of and
111	111	for the return or disposal of a surrendered firearm; and
112	112	(C) require proof of compliance.
113	113	(3) When entering an order under this subsection, the
114	114	court may adopt a recommendation, model form, or guideline
115	115	developed by a task force under Section 236.004, Local Government
116	116	Code, for the county in which the court is located.
117	117	SECTION 3. Article 17.292, Code of Criminal Procedure, is
118	118	amended by adding Subsection (l-1) to read as follows:
119	119	(l-1)(1) If an order for emergency protection issued under
120	120	this article prohibits the defendant from possessing a firearm and
121	121	if the defendant was arrested for an offense involving family
122	122	violence, the magistrate may also order the defendant to surrender
123	123	all firearms owned by the defendant.
124	124	(2) Any order entered under this subsection must:
125	125	(A) provide notice to the defendant;
126	126	(B) provide for the receipt and storage of and
127	127	for the return or disposal of a surrendered firearm; and
128	128	(C) require proof of compliance.
129	129	(3) When entering an order under this subsection, the
130	130	magistrate may adopt a recommendation, model form, or guideline
131	131	developed by a task force under Section 236.004, Local Government
132	132	Code, for the county in which the court is located.
133	133	SECTION 4. Section 85.022, Family Code, is amended by
134	134	adding Subsections (c-1) and (c-2) to read as follows:
135	135	(c-1) In an order under Subsection (b)(6), the court may
136	136	also order the person to surrender all firearms owned by the person.
137	137	Any order entered under this subsection must:
138	138	(1) provide notice to the person;
139	139	(2) provide for the receipt and storage of and for the
140	140	return or disposal of a surrendered firearm; and
141	141	(3) require proof of compliance.
142	142	(c-2) When entering an order under Subsection (c-1), the
143	143	court may adopt a recommendation, model form, or guideline
144	144	developed by a task force under Section 236.004, Local Government
145	145	Code, for the county in which the court is located.
146	146	SECTION 5. Notwithstanding the requirement in Section
147	147	236.004, Local Government Code, as added by this Act, that a report
148	148	be submitted by December 1 of each odd-numbered year, a task force
149	149	created under that section shall submit its first report to the
150	150	county commissioners court not later than June 1, 2020.
151	151	SECTION 6. The changes in law made by this Act apply only to
152	152	a protective order or magistrate's order of emergency protection
153	153	entered on or after the effective date of this Act. A protective
154	154	order or magistrate's order of emergency protection entered before
155	155	the effective date of this Act is governed by the law in effect on
156	156	the date the order was entered, and the former law is continued in
157	157	effect for that purpose.
158	158	SECTION 7. This Act takes effect September 1, 2019.