By: Ordaz, Plesa H.B. No. 1617
A BILL TO BE ENTITLED
AN ACT
relating to notice for certain defendants regarding the unlawful
possession or acquisition of a firearm or ammunition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 14.06(b), Code of Criminal Procedure, is
amended to read as follows:
(b) A peace officer who is charging a person, including a
child, with committing an offense that is a Class C misdemeanor,
other than an offense under Section 49.02, Penal Code, may, instead
of taking the person before a magistrate, issue a citation to the
person that contains:
(1) written notice of the time and place the person
must appear before a magistrate;
(2) the name and address of the person charged;
(3) the offense charged;
(4) information regarding the alternatives to the full
payment of any fine or costs assessed against the person, if the
person is convicted of the offense and is unable to pay that amount;
and
(5) the following admonishment, in boldfaced or
underlined type or in capital letters:
"If you are convicted of a misdemeanor offense involving
violence where you are or were a spouse, intimate partner, parent,
or guardian of the victim or are or were involved in another,
similar relationship with the victim, it may be unlawful for you to
possess or acquire [purchase] a firearm, including a handgun or
long gun, or ammunition, pursuant to federal law under 18 U.S.C.
Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you
have any questions whether these laws make it illegal for you to
possess or acquire [purchase] a firearm, you should consult an
attorney. If you make a false statement to the court under oath
relating to your possession or acquisition of a firearm or
ammunition, you may be subject to prosecution for an offense under
Section 37.02, Texas Penal Code."
SECTION 2. Article 26.13, Code of Criminal Procedure, is
amended by adding Subsection (a-1) to read as follows:
(a-1) Before accepting a plea of guilty or a plea of nolo
contendere, the court shall admonish the defendant by using the
following statement:
"If you are convicted of a felony offense, it may be unlawful
for you to possess or acquire a firearm, including a handgun or long
gun, or ammunition, pursuant to federal law under 18 U.S.C. Section
922(g)(1) or Section 46.04(a), Texas Penal Code. If you have any
questions whether these laws make it illegal for you to possess or
acquire a firearm, you should consult an attorney. If you make a
false statement to the court under oath relating to your possession
or acquisition of a firearm or ammunition, you may be subject to
prosecution for an offense under Section 37.02, Texas Penal Code."
SECTION 3. Article 27.14(e)(1), Code of Criminal Procedure,
is amended to read as follows:
(e)(1) Before accepting a plea of guilty or a plea of nolo
contendere by a defendant charged with a misdemeanor involving
family violence, as defined by Section 71.004, Family Code, the
court shall admonish the defendant by using the following
statement:
"If you are convicted of a misdemeanor offense involving
violence where you are or were a spouse, intimate partner, parent,
or guardian of the victim or are or were involved in another,
similar relationship with the victim, it may be unlawful for you to
possess or acquire [purchase] a firearm, including a handgun or
long gun, or ammunition, pursuant to federal law under 18 U.S.C.
Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you
have any questions whether these laws make it illegal for you to
possess or acquire [purchase] a firearm, you should consult an
attorney. If you make a false statement to the court under oath
relating to your possession or acquisition of a firearm or
ammunition, you may be subject to prosecution for an offense under
Section 37.02, Texas Penal Code."
SECTION 4. Article 42.0131, Code of Criminal Procedure, is
amended to read as follows:
Art. 42.0131. REQUIRED NOTICE REGARDING FIREARMS [FOR
PERSONS CONVICTED OF MISDEMEANORS INVOLVING FAMILY VIOLENCE]. If a
person is convicted of a misdemeanor involving family violence, as
defined by Section 71.004, Family Code, or of a felony, the court
shall notify the person of the fact that:
(1) it is unlawful for the person to possess or acquire
[transfer] a firearm or ammunition; and
(2) a person who makes a false statement to the court
under oath relating to the person's possession or acquisition of a
firearm is subject to prosecution for an offense under Section
37.02, Penal Code.
SECTION 5. (a) Article 14.06, Code of Criminal Procedure,
as amended by this Act, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this subsection, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
(b) Articles 26.13 and 27.14, Code of Criminal Procedure, as
amended by this Act, apply to a plea of guilty or a plea of nolo
contendere accepted by a court on or after the effective date of
this Act, regardless of whether the offense for which the plea was
accepted was committed before, on, or after that date.
(c) Article 42.0131, Code of Criminal Procedure, as amended
by this Act, applies to a judgment of conviction entered on or after
the effective date of this Act, regardless of whether the offense of
which the defendant is convicted was committed before, on, or after
that date.
SECTION 6. This Act takes effect September 1, 2023.