Texas 2021 - 87th Regular

Texas House Bill HB3671 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R22694 JSC-F
2	1		By: Johnson of Dallas H.B. No. 3671
3		-	Substitute the following for H.B. No. 3671:
4		-	By: White C.S.H.B. No. 3671
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the reporting of certain orders and convictions to the
10	7		Department of Public Safety and Federal Bureau of Investigation for
11	8		use with the National Instant Criminal Background Check System for
12	9		the transfer of firearms.
13	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	11		SECTION 1. Subchapter A, Chapter 7B, Code of Criminal
15	12		Procedure, is amended by adding Article 7B.0085 to read as follows:
16	13		Art. 7B.0085. REPORTING. For an original or modified
17	14		protective order issued under this subchapter, on receipt of the
18	15		order from the clerk of the court, a law enforcement agency shall
19	16		immediately, but not later than the third business day after the
20	17		date the order is received, enter the information required by
21	18		Section 411.042(b)(6), Government Code, into the statewide law
22	19		enforcement information system maintained by the Department of
23	20		Public Safety.
24	21		SECTION 2. Subchapter B, Chapter 7B, Code of Criminal
25	22		Procedure, is amended by adding Article 7B.054 to read as follows:
26	23		Art. 7B.054. REPORTING. For an original or modified
27	24		protective order issued under this subchapter, on receipt of the
28	25		order from the clerk of the court, a law enforcement agency shall
29	26		immediately, but not later than the third business day after the
30	27		date the order is received, enter the information required by
31	28		Section 411.042(b)(6), Government Code, into the statewide law
32	29		enforcement information system maintained by the Department of
33	30		Public Safety.
34	31		SECTION 3. Article 66.252, Code of Criminal Procedure, is
35	32		amended by amending Subsections (b) and (d) and adding Subsections
36	33		(d-1) and (h) to read as follows:
37	34		(b) The arresting law enforcement agency shall prepare a
38	35		uniform incident fingerprint card described by Article 66.251 and
39	36		initiate the reporting process for each offender charged with:
40	37		(1) a felony;
41	38		(2) a misdemeanor for which a term of confinement may
42	39		be imposed; or
43	40		(3) a misdemeanor punishable by fine only that
44	41		involves family violence[, as defined by Section 71.004, Family
45	42		Code].
46	43		(d) Except as provided by Subsection (d-1) or (e) or as
47	44		otherwise required by applicable state law or rule, information or
48	45		data required by this chapter to be reported to the Department of
49	46		Public Safety or the Texas Department of Criminal Justice shall be
50	47		reported promptly but not later than the 30th day after the date on
51	48		which the information or data is received by the agency responsible
52	49		for reporting it.
53	50		(d-1) A conviction for an offense involving family violence
54	51		that would prohibit a person from possessing a firearm under state
55	52		or federal law shall be reported to the Department of Public Safety
56		-	not later than the ~~fifth~~ calendar day after the date the judgment of
57		-	conviction is entered.
	53	+	not later than the seventh calendar day after the date the judgment
	54	+	of conviction is entered.
58	55		(h) For purposes of this article, "family violence" has the
59	56		meaning assigned by Section 71.004, Family Code.
60	57		SECTION 4. Subchapter D, Chapter 411, Government Code, is
61	58		amended by adding Section 411.0525 to read as follows:
62		-	Sec. 411.0525. REPORTING OF CERTAIN PROTECTIVE ORDERS AND
63		-	FAMILY VIOLENCE MISDEMEANOR CONVICTIONS. (a) In this section:
64		-	(1) "Family violence misdemeanor" means a misdemeanor
65		-	crime of domestic violence as defined by 18 U.S.C. Section 921.
66		-	(2) "Protective order" means a court order described
67		-	by 18 U.S.C. Section 922(g)(8).
	59	+	Sec. 411.0525. REPORTING OF PROTECTIVE ORDERS AND FAMILY
	60	+	VIOLENCE CONVICTIONS. (a) In this section:
	61	+	(1) "Family violence" has the meaning assigned by
	62	+	Section 71.004, Family Code.
	63	+	(2) "Protective order" means:
	64	+	(A) a protective order issued under Title 4,
	65	+	Family Code, or Chapter 7B, Code of Criminal Procedure; or
	66	+	(B) a magistrate's order for emergency
	67	+	protection issued under Article 17.292, Code of Criminal Procedure.
68	68		(b) The department shall report to the Federal Bureau of
69	69		Investigation for use with the National Instant Criminal Background
70		-	Check System each protective order and each conviction for ~~a family~~
71		-	violence ~~misdemeanor~~ not later than the ~~fifth calendar day after~~
72		-	the date the department receives information ~~that the protective~~
73		-	order or judgment of conviction was entered.
	70	+	Check System each protective order and each conviction for an
	71	+	offense involving family violence not later than the seventh
	72	+	calendar day after the date the department receives information
	73	+	that the protective order or judgment of conviction was entered.
74	74		SECTION 5. Articles 7B.0085, 7B.054, and 66.252(d-1), Code
75	75		of Criminal Procedure, as added by this Act, apply only to a
76		-	protective order or judgment of conviction entered on or after the
77		-	effective date of this Act.
	76	+	protective order, magistrate's order for emergency protection, or
	77	+	judgment of conviction entered on or after the effective date of
	78	+	this Act.
78	79		SECTION 6. Section 411.0525, Government Code, as added by
79	80		this Act, applies only to information received by the Department of
80	81		Public Safety of the State of Texas on or after the effective date
81	82		of this Act.
82	83		SECTION 7. This Act takes effect September 1, 2021.