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Texas House Bill HB1479

Texas 2023 - 88th Regular

Texas House Bill HB1479 Compare Versions

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11 88R6395 MCF-D
22 By: Ramos H.B. No. 1479
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to requiring a person convicted of an offense involving
88 family violence or a person who is the subject of a protective order
99 to surrender firearms owned by the person; authorizing a fee.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Title 1, Code of Criminal Procedure, is amended
1212 by adding Chapter 68 to read as follows:
1313 CHAPTER 68. SURRENDER OF FIREARM ON CONVICTION OF CERTAIN FAMILY
1414 VIOLENCE OFFENSES OR ISSUANCE OF CERTAIN PROTECTIVE ORDERS
1515 Art. 68.001. APPLICABILITY. This chapter applies to a
1616 person who:
1717 (1) is convicted of an offense involving family
1818 violence, as defined by Section 71.004, Family Code; or
1919 (2) is the subject of:
2020 (A) a protective order under Chapter 85, Family
2121 Code, or Subchapter A, Chapter 7B of this code; or
2222 (B) a magistrate's order for emergency
2323 protection under Article 17.292.
2424 Art. 68.002. NOTICE AND ORDER TO SURRENDER FIREARM. On
2525 conviction of a person for an offense described by Article
2626 68.001(1) or issuance of an order described by Article 68.001(2),
2727 the court shall:
2828 (1) provide written notice to the person who was
2929 convicted or who is the subject of the order that the person is
3030 prohibited from acquiring, possessing, or controlling a firearm
3131 under 18 U.S.C. Section 922(g); and
3232 (2) order the person to surrender all firearms the
3333 person owns in the manner provided by Article 68.003:
3434 (A) if the person receives notice under this
3535 article, within the period provided by the notice for the surrender
3636 of the firearms, which may not be more than 48 hours after the
3737 receipt of the notice; or
3838 (B) if the person was taken into custody
3939 immediately after conviction, not later than 48 hours after the
4040 person is released from custody.
4141 Art. 68.003. SURRENDER OF FIREARM. A person required to
4242 surrender a firearm under Article 68.002 shall surrender the
4343 firearm by:
4444 (1) selling the firearm to a person who is a licensed
4545 firearms dealer under 18 U.S.C. Section 923;
4646 (2) surrendering the firearm to a law enforcement
4747 agency for holding in the manner described by Article 68.006, if the
4848 person is required to surrender the firearm based on:
4949 (A) a conviction described by Article 68.001(1)
5050 that the person intends to appeal; or
5151 (B) an order described by Article 68.001(2); or
5252 (3) surrendering the firearm to a law enforcement
5353 agency for disposition in the manner provided by Article 68.007, if
5454 the person is required to surrender the firearm based on a
5555 conviction described by Article 68.001(1) that the person does not
5656 intend to appeal.
5757 Art. 68.004. REQUIRED DOCUMENTATION. (a) A person subject
5858 to an order under Article 68.002 who does not own a firearm shall
5959 submit to the court a signed affidavit affirming that the person
6060 does not own a firearm.
6161 (b) A licensed firearms dealer who takes possession of a
6262 firearm from a person required to surrender the firearm under
6363 Article 68.002 shall immediately provide the person with a written
6464 receipt for the firearm, and the person shall file the receipt with
6565 the court.
6666 Art. 68.005. LAW ENFORCEMENT AGENCY POLICY REGARDING
6767 SURRENDER OF FIREARM; FEE. (a) A law enforcement agency that takes
6868 possession of surrendered firearms under this chapter shall develop
6969 any necessary forms, policies, and procedures for collecting and
7070 storing and for returning, selling, or destroying the firearms.
7171 (b) The law enforcement agency may impose a reasonable fee
7272 for storing a firearm surrendered under this chapter.
7373 Art. 68.006. HOLDING OF FIREARM SURRENDERED TO LAW
7474 ENFORCEMENT AGENCY. (a) A law enforcement agency that takes
7575 possession of a firearm under Article 68.003(2) shall immediately
7676 provide the person surrendering the firearm a written receipt for
7777 the firearm and a written notice of the procedure for the return of
7878 the firearm under this article, including any applicable fees due
7979 on return of the firearm.
8080 (b) A person who receives a receipt under Subsection (a)
8181 shall file the receipt with the court.
8282 (c) Not later than the 30th day after the date of any of the
8383 following, the clerk of the court shall notify the law enforcement
8484 agency that, as applicable:
8585 (1) the conviction for which the person was required
8686 to surrender the person's firearm became final;
8787 (2) the conviction for which the person was required
8888 to surrender the person's firearm was vacated, dismissed, reversed
8989 on appeal, or otherwise fully discharged or the person received a
9090 full pardon for the conviction; or
9191 (3) the order for which the person was required to
9292 surrender the person's firearm has expired or has been rescinded.
9393 (d) Not later than the 30th day after the date the law
9494 enforcement agency holding a firearm subject to disposition under
9595 this article receives the notice described by Subsection (c)(2) or
9696 (3), the law enforcement agency shall conduct a check of state and
9797 national criminal history record information to verify whether the
9898 person may lawfully possess a firearm under 18 U.S.C. Section
9999 922(g) and under the law of this state.
100100 (e) If the check conducted under Subsection (d) verifies
101101 that the person may lawfully possess a firearm, the law enforcement
102102 agency shall provide to the person by certified mail written notice
103103 stating that the firearm may be returned to the person if, before
104104 the 121st day after the date of the notice, the person submits:
105105 (1) a written request for the return of the firearm;
106106 and
107107 (2) a reasonable fee for storing the firearm in the
108108 amount set by the law enforcement agency holding the firearm.
109109 (f) If the law enforcement agency receives notice under
110110 Subsection (c)(1) or if the check conducted under Subsection (d)
111111 shows that the person may not lawfully possess a firearm, the law
112112 enforcement agency shall provide to the person by certified mail
113113 written notice stating that:
114114 (1) the person may not lawfully possess a firearm
115115 under 18 U.S.C. Section 922(g) or under the law of this state; and
116116 (2) the law enforcement agency holding the firearm
117117 will dispose of the firearm in the manner provided by Article
118118 68.007.
119119 Art. 68.007. DISPOSITION OF FIREARM SURRENDERED TO LAW
120120 ENFORCEMENT AGENCY. (a) A law enforcement agency shall provide for
121121 a firearm surrendered to the law enforcement agency under this
122122 chapter to be sold by a person who is a licensed firearms dealer
123123 under 18 U.S.C. Section 923 if:
124124 (1) the person surrendered the firearm under Article
125125 68.003(2) and:
126126 (A) the person did not respond to notice under
127127 Article 68.006(e) before the 121st day after the date of the notice;
128128 or
129129 (B) the law enforcement agency has provided
130130 notice under Article 68.006(f) that the person may not lawfully
131131 possess a firearm and that the law enforcement agency intends to
132132 dispose of the firearm as provided by this article; or
133133 (2) the person surrendered the firearm under Article
134134 68.003(3).
135135 (b) The proceeds from the sale of a firearm under this
136136 article shall be paid to the owner of the firearm, less:
137137 (1) the cost of administering this article with
138138 respect to the firearm; and
139139 (2) if applicable, a reasonable fee for storing the
140140 firearm under Article 68.006 in the amount set by the law
141141 enforcement agency holding the firearm.
142142 (c) An unclaimed firearm that is surrendered as provided by
143143 this chapter may not be destroyed or forfeited to the state.
144144 Art. 68.008. FORM OF AFFIDAVIT. The Office of Court
145145 Administration of the Texas Judicial System shall adopt a model
146146 affidavit for purposes of Article 68.004.
147147 SECTION 2. Article 7B.006(a), Code of Criminal Procedure,
148148 is amended to read as follows:
149149 (a) Each protective order issued under this subchapter,
150150 including a temporary ex parte order, must contain the following
151151 prominently displayed statements in boldfaced type, in capital
152152 letters, or underlined:
153153 "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
154154 CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
155155 JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
156156 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
157157 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
158158 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
159159 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
160160 UNLESS A COURT CHANGES THE ORDER."
161161 "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
162162 DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
163163 AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
164164 SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
165165 FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE
166166 OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS PROVIDED
167167 BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
168168 SECTION 3. Article 17.292(g), Code of Criminal Procedure,
169169 is amended to read as follows:
170170 (g) An order for emergency protection issued under this
171171 article must contain the following statements printed in bold-face
172172 type or in capital letters:
173173 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
174174 BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
175175 CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
176176 RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE
177177 MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A
178178 VIOLATION OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE
179179 FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT
180180 LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER
181181 THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE,
182182 ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE
183183 OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS
184184 ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY
185185 CONFINEMENT OR IMPRISONMENT. A PERSON SUBJECT TO THIS ORDER MUST
186186 DISPOSE OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS
187187 PROVIDED BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
188188 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
189189 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
190190 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
191191 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
192192 UNLESS A COURT CHANGES THE ORDER."
193193 SECTION 4. Section 85.026(a), Family Code, is amended to
194194 read as follows:
195195 (a) Each protective order issued under this subtitle,
196196 including a temporary ex parte order, must contain the following
197197 prominently displayed statements in boldfaced type, capital
198198 letters, or underlined:
199199 "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
200200 CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
201201 JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
202202 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
203203 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
204204 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
205205 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
206206 UNLESS A COURT CHANGES THE ORDER."
207207 "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
208208 DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
209209 AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
210210 SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
211211 FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE
212212 OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS PROVIDED
213213 BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
214214 "IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM
215215 CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE
216216 EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST
217217 ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR
218218 IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON:
219219 "(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS
220220 RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
221221 IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR
222222 "(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS
223223 RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
224224 IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS."
225225 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
226226 BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
227227 CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
228228 RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
229229 MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
230230 SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
231231 FOR AT LEAST TWO YEARS."
232232 SECTION 5. (a) Chapter 68, Code of Criminal Procedure, as
233233 added by this Act, applies only to a person who is convicted of an
234234 offense described by Article 68.001(1), Code of Criminal Procedure,
235235 as added by this Act, on or after January 1, 2024, or who is the
236236 subject of an order described by Article 68.001(2), Code of
237237 Criminal Procedure, as added by this Act, that is issued on or after
238238 that date. A person who is convicted of an offense before January
239239 1, 2024, or who is the subject of an order issued before that date is
240240 governed by the law in effect immediately before the effective date
241241 of this Act, and the former law is continued in effect for that
242242 purpose.
243243 (b) The Office of Court Administration of the Texas Judicial
244244 System shall adopt the model affidavit required by Article 68.008,
245245 Code of Criminal Procedure, as added by this Act, not later than
246246 December 1, 2023.
247247 SECTION 6. The change in law made by this Act relating to
248248 the contents of a protective order or a magistrate's order for
249249 emergency protection applies to an order issued on or after January
250250 1, 2024. An order issued before that date is governed by the law as
251251 it existed immediately before the effective date of this Act, and
252252 the former law is continued in effect for that purpose.
253253 SECTION 7. This Act takes effect September 1, 2023.