87R1408 JSC-D
By: Meza H.B. No. 229
A BILL TO BE ENTITLED
AN ACT
relating to reporting certain orders and convictions to the
Department of Public Safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 7B, Code of Criminal
Procedure, is amended by adding Article 7B.0085 to read as follows:
Art. 7B.0085. REPORTING. For an original or modified
protective order issued under this subchapter, on receipt of the
order from the clerk of the court, a law enforcement agency shall
immediately, but not later than 48 hours after the order is
received, enter the information required by Section 411.042(b)(6),
Government Code, into the statewide law enforcement information
system maintained by the Department of Public Safety.
SECTION 2. Subchapter B, Chapter 7B, Code of Criminal
Procedure, is amended by adding Article 7B.054 to read as follows:
Art. 7B.054. REPORTING. For an original or modified
protective order issued under this subchapter, on receipt of the
order from the clerk of the court, a law enforcement agency shall
immediately, but not later than 48 hours after the order is
received, enter the information required by Section 411.042(b)(6),
Government Code, into the statewide law enforcement information
system maintained by the Department of Public Safety.
SECTION 3. Article 17.292(k), Code of Criminal Procedure,
is amended to read as follows:
(k) To ensure that an officer responding to a call is aware
of the existence and terms of an order for emergency protection
issued under this article, not later than 48 hours [the third
business day] after the [date of] receipt of the copy of the order
by the applicable law enforcement agency with jurisdiction over the
municipality or county in which the victim resides, the law
enforcement agency shall enter the information required by [under]
Section 411.042(b)(6), Government Code, into the statewide law
enforcement information system maintained by the Department of
Public Safety.
SECTION 4. Article 66.252, Code of Criminal Procedure, is
amended by amending Subsection (d) and adding Subsection (d-1) to
read as follows:
(d) Except as provided by Subsection (d-1) or (e) or as
otherwise required by applicable state law or rule, information or
data required by this chapter to be reported to the Department of
Public Safety or the Texas Department of Criminal Justice shall be
reported promptly but not later than the 30th day after the date on
which the information or data is received by the agency responsible
for reporting it.
(d-1) A conviction that would prohibit a person from
possessing a firearm under state or federal law shall be reported to
the Department of Public Safety not later than 48 hours after the
judgment of conviction is entered.
SECTION 5. Section 86.0011, Family Code, is amended to read
as follows:
Sec. 86.0011. DUTY TO ENTER INFORMATION INTO STATEWIDE LAW
ENFORCEMENT INFORMATION SYSTEM. [(a)] On receipt of an original or
modified protective order from the clerk of the issuing court, a law
enforcement agency shall immediately, but not later than 48 hours
[the third business day] after [the date] the order is received,
enter the information required by Section 411.042(b)(6),
Government Code, into the statewide law enforcement information
system maintained by the Department of Public Safety.
[(b) In this section, "business day" means a day other than
a Saturday, Sunday, or state or national holiday.]
SECTION 6. The change in law made by this Act applies only
to a protective order, magistrate's order for emergency protection,
or judgment of conviction entered on or after the effective date of
this Act.
SECTION 7. This Act takes effect September 1, 2021.