| 1 | 1 | | 87R1408 JSC-D |
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| 2 | 2 | | By: Meza H.B. No. 229 |
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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 reporting certain orders and convictions to the |
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| 8 | 8 | | Department of Public Safety. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 7B, Code of Criminal |
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| 11 | 11 | | Procedure, is amended by adding Article 7B.0085 to read as follows: |
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| 12 | 12 | | Art. 7B.0085. REPORTING. For an original or modified |
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| 13 | 13 | | protective order issued under this subchapter, on receipt of the |
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| 14 | 14 | | order from the clerk of the court, a law enforcement agency shall |
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| 15 | 15 | | immediately, but not later than 48 hours after the order is |
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| 16 | 16 | | received, enter the information required by Section 411.042(b)(6), |
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| 17 | 17 | | Government Code, into the statewide law enforcement information |
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| 18 | 18 | | system maintained by the Department of Public Safety. |
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| 19 | 19 | | SECTION 2. Subchapter B, Chapter 7B, Code of Criminal |
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| 20 | 20 | | Procedure, is amended by adding Article 7B.054 to read as follows: |
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| 21 | 21 | | Art. 7B.054. REPORTING. For an original or modified |
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| 22 | 22 | | protective order issued under this subchapter, on receipt of the |
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| 23 | 23 | | order from the clerk of the court, a law enforcement agency shall |
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| 24 | 24 | | immediately, but not later than 48 hours after the order is |
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| 25 | 25 | | received, enter the information required by Section 411.042(b)(6), |
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| 26 | 26 | | Government Code, into the statewide law enforcement information |
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| 27 | 27 | | system maintained by the Department of Public Safety. |
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| 28 | 28 | | SECTION 3. Article 17.292(k), Code of Criminal Procedure, |
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| 29 | 29 | | is amended to read as follows: |
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| 30 | 30 | | (k) To ensure that an officer responding to a call is aware |
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| 31 | 31 | | of the existence and terms of an order for emergency protection |
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| 32 | 32 | | issued under this article, not later than 48 hours [the third |
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| 33 | 33 | | business day] after the [date of] receipt of the copy of the order |
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| 34 | 34 | | by the applicable law enforcement agency with jurisdiction over the |
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| 35 | 35 | | municipality or county in which the victim resides, the law |
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| 36 | 36 | | enforcement agency shall enter the information required by [under] |
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| 37 | 37 | | Section 411.042(b)(6), Government Code, into the statewide law |
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| 38 | 38 | | enforcement information system maintained by the Department of |
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| 39 | 39 | | Public Safety. |
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| 40 | 40 | | SECTION 4. Article 66.252, Code of Criminal Procedure, is |
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| 41 | 41 | | amended by amending Subsection (d) and adding Subsection (d-1) to |
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| 42 | 42 | | read as follows: |
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| 43 | 43 | | (d) Except as provided by Subsection (d-1) or (e) or as |
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| 44 | 44 | | otherwise required by applicable state law or rule, information or |
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| 45 | 45 | | data required by this chapter to be reported to the Department of |
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| 46 | 46 | | Public Safety or the Texas Department of Criminal Justice shall be |
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| 47 | 47 | | reported promptly but not later than the 30th day after the date on |
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| 48 | 48 | | which the information or data is received by the agency responsible |
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| 49 | 49 | | for reporting it. |
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| 50 | 50 | | (d-1) A conviction that would prohibit a person from |
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| 51 | 51 | | possessing a firearm under state or federal law shall be reported to |
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| 52 | 52 | | the Department of Public Safety not later than 48 hours after the |
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| 53 | 53 | | judgment of conviction is entered. |
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| 54 | 54 | | SECTION 5. Section 86.0011, Family Code, is amended to read |
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| 55 | 55 | | as follows: |
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| 56 | 56 | | Sec. 86.0011. DUTY TO ENTER INFORMATION INTO STATEWIDE LAW |
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| 57 | 57 | | ENFORCEMENT INFORMATION SYSTEM. [(a)] On receipt of an original or |
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| 58 | 58 | | modified protective order from the clerk of the issuing court, a law |
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| 59 | 59 | | enforcement agency shall immediately, but not later than 48 hours |
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| 60 | 60 | | [the third business day] after [the date] the order is received, |
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| 61 | 61 | | enter the information required by Section 411.042(b)(6), |
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| 62 | 62 | | Government Code, into the statewide law enforcement information |
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| 63 | 63 | | system maintained by the Department of Public Safety. |
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| 64 | 64 | | [(b) In this section, "business day" means a day other than |
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| 65 | 65 | | a Saturday, Sunday, or state or national holiday.] |
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| 66 | 66 | | SECTION 6. The change in law made by this Act applies only |
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| 67 | 67 | | to a protective order, magistrate's order for emergency protection, |
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| 68 | 68 | | or judgment of conviction entered on or after the effective date of |
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| 69 | 69 | | this Act. |
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| 70 | 70 | | SECTION 7. This Act takes effect September 1, 2021. |
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