Texas 2021 - 87th Regular

Texas Senate Bill SB283 Compare Versions

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

Old	New	Differences
1	1	87R1399 LHC-D
2	2	By: Alvarado S.B. No. 283
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring a person convicted of an offense involving
8	8	family violence or a person who is the subject of a family violence
9	9	protective order to surrender firearms owned by the person.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 1, Code of Criminal Procedure, is amended
12	12	by adding Chapter 68 to read as follows:
13	13	CHAPTER 68. SURRENDER OF FIREARM ON CONVICTION OF CERTAIN OFFENSES
14	14	OR ISSUANCE OF CERTAIN PROTECTIVE ORDERS
15	15	Art. 68.01. APPLICABILITY. This chapter applies to a
16	16	person who:
17	17	(1) is convicted of an offense involving family
18	18	violence, as defined by Section 71.004, Family Code;
19	19	(2) is the subject of a protective order under Chapter
20	20	85, Family Code; or
21	21	(3) is the subject of a magistrate's order for
22	22	emergency protection under Article 17.292 following an arrest for
23	23	an offense involving family violence.
24	24	Art. 68.02. NOTICE AND ORDER TO SURRENDER FIREARM. On
25	25	conviction of a person for an offense described by Article 68.01(1)
26	26	or issuance of an order described by Article 68.01(2) or (3), the
27	27	court shall:
28	28	(1) provide written notice to the person who was
29	29	convicted or who is the subject of the order that the person is
30	30	prohibited from acquiring, possessing, or controlling a firearm
31	31	under 18 U.S.C. Section 922(g); and
32	32	(2) order the person to surrender all firearms the
33	33	person owns in the manner provided by Article 68.03 not later than
34	34	the seventh day after:
35	35	(A) the date the person receives notice under
36	36	this article; or
37	37	(B) if the person was taken into custody
38	38	immediately after conviction, the date the person is released from
39	39	confinement.
40	40	Art. 68.03. SURRENDER OF FIREARM. A person required to
41	41	surrender a firearm under Article 68.02 shall surrender the firearm
42	42	by:
43	43	(1) regardless of the reason for which the person is
44	44	required to surrender the firearm, releasing the firearm to the
45	45	person's designee, if the designee provides to the court of
46	46	conviction or the court issuing the order, as applicable, a signed
47	47	affidavit affirming that the designee:
48	48	(A) may lawfully possess a firearm under 18
49	49	U.S.C. Section 922(g) and under the law of this state; and
50	50	(B) has taken possession of the firearm;
51	51	(2) selling the firearm to a person who is a licensed
52	52	firearms dealer under 18 U.S.C. Section 923, regardless of the
53	53	reason for which the person is required to surrender the firearm;
54	54	(3) surrendering the firearm to a law enforcement
55	55	agency for holding in the manner described by Article 68.05, if the
56	56	person is required to surrender the firearm based on:
57	57	(A) a conviction described by Article 68.01(1)
58	58	that the person intends to appeal; or
59	59	(B) an order described by Article 68.01(2) or
60	60	(3); or
61	61	(4) surrendering the firearm to a law enforcement
62	62	agency for disposition in the manner provided by Article 68.06, if
63	63	the person is required to surrender the firearm based on a
64	64	conviction described by Article 68.01(1) that the person does not
65	65	intend to appeal.
66	66	Art. 68.04. REQUIRED DOCUMENTATION. (a) A person subject
67	67	to an order under Article 68.02 who does not own a firearm shall
68	68	submit to the court a signed affidavit affirming that the person
69	69	does not own a firearm.
70	70	(b) A licensed firearms dealer who takes possession of a
71	71	firearm from a person required to surrender the firearm under
72	72	Article 68.02 shall immediately provide the person with a written
73	73	receipt for the firearm, and the person shall file the receipt with
74	74	the court.
75	75	Art. 68.05. HOLDING OF FIREARM SURRENDERED TO LAW
76	76	ENFORCEMENT AGENCY. (a) A law enforcement agency that takes
77	77	possession of a firearm under Article 68.03(3) shall immediately
78	78	provide the person surrendering the firearm a written receipt for
79	79	the firearm and a written notice of the procedure for the return of
80	80	the firearm under this article.
81	81	(b) A person who receives a receipt under Subsection (a)
82	82	shall file the receipt with the court.
83	83	(c) Not later than the 30th day after the date of any of the
84	84	following, the clerk of the court shall notify the law enforcement
85	85	agency that, as applicable:
86	86	(1) the conviction for which the person was required
87	87	to surrender the person's firearm became final;
88	88	(2) the conviction for which the person was required
89	89	to surrender the person's firearm was vacated, dismissed, reversed
90	90	on appeal, or otherwise fully discharged or the person received a
91	91	full pardon for the conviction; or
92	92	(3) the order for which the person was required to
93	93	surrender the person's firearm has expired.
94	94	(d) Not later than the 30th day after the date the law
95	95	enforcement agency holding a firearm subject to disposition under
96	96	this article receives the notice described by Subsection (c)(2) or
97	97	(3), the law enforcement agency shall conduct a check of state and
98	98	national criminal history record information to verify whether the
99	99	person may lawfully possess a firearm under 18 U.S.C. Section
100	100	922(g) and under the law of this state.
101	101	(e) If the check conducted under Subsection (d) verifies
102	102	that the person may lawfully possess a firearm, the law enforcement
103	103	agency shall provide to the person by certified mail written notice
104	104	stating that the firearm may be returned to the person if, before
105	105	the 121st day after the date of the notice, the person submits a
106	106	written request for the return of the firearm.
107	107	(f) If the law enforcement agency receives notice under
108	108	Subsection (c)(1) or if the check conducted under Subsection (d)
109	109	shows that the person may not lawfully possess a firearm, the law
110	110	enforcement agency shall provide to the person by certified mail
111	111	written notice stating that the person:
112	112	(1) may not lawfully possess a firearm under 18 U.S.C.
113	113	Section 922(g) or under the law of this state; and
114	114	(2) may dispose of the firearm by releasing the
115	115	firearm to:
116	116	(A) the person's designee if:
117	117	(i) the person requests that disposition
118	118	before the 121st day after the date of the notice; and
119	119	(ii) the designee provides to the law
120	120	enforcement agency a signed affidavit affirming that the designee
121	121	may lawfully possess a firearm under 18 U.S.C. Section 922(g) and
122	122	under the law of this state; or
123	123	(B) the law enforcement agency holding the
124	124	firearm, for disposition in the manner provided by Article 68.06.
125	125	Art. 68.06. DISPOSITION OF FIREARM SURRENDERED TO LAW
126	126	ENFORCEMENT AGENCY. (a) A law enforcement agency shall provide for
127	127	a firearm surrendered to the law enforcement agency under this
128	128	chapter to be sold by a person who is a licensed firearms dealer
129	129	under 18 U.S.C. Section 923 if:
130	130	(1) the firearm was surrendered under Article 68.03(3)
131	131	and the person who surrendered the firearm did not respond to notice
132	132	under Article 68.05(e) or (f) before the 121st day after the date of
133	133	the notice; or
134	134	(2) the firearm was surrendered under Article
135	135	68.03(4).
136	136	(b) The proceeds from the sale of a firearm under this
137	137	article shall be paid to the owner of the firearm, less the cost of
138	138	administering this article and, if applicable, Article 68.05 with
139	139	respect to the firearm.
140	140	(c) An unclaimed firearm that is surrendered as provided by
141	141	this chapter may not be destroyed or forfeited to the state.
142	142	Art. 68.07. FORM OF AFFIDAVITS. The Office of Court
143	143	Administration of the Texas Judicial System shall adopt model
144	144	affidavits for purposes of Articles 68.03, 68.04, and 68.05.
145	145	SECTION 2. (a) The change in law made by this Act applies
146	146	only to a person who is convicted of an offense described by Article
147	147	68.01(1), Code of Criminal Procedure, as added by this Act, on or
148	148	after January 1, 2022, or who is the subject of an order described
149	149	by Article 68.01(2) or (3), Code of Criminal Procedure, as added by
150	150	this Act, that is issued on or after that date. A person who is
151	151	convicted of an offense before January 1, 2022, or who is the
152	152	subject of an order issued before that date is governed by the law
153	153	in effect immediately before the effective date of this Act, and the
154	154	former law is continued in effect for that purpose.
155	155	(b) The Office of Court Administration of the Texas Judicial
156	156	System shall adopt the model affidavits required by Article 68.07,
157	157	Code of Criminal Procedure, as added by this Act, not later than
158	158	December 1, 2021.
159	159	SECTION 3. This Act takes effect September 1, 2021.