Texas 2023 - 88th Regular

Texas House Bill HB1617 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Ordaz, Plesa H.B. No. 1617
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to notice for certain defendants regarding the unlawful
7	7	possession or acquisition of a firearm or ammunition.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 14.06(b), Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	(b) A peace officer who is charging a person, including a
12	12	child, with committing an offense that is a Class C misdemeanor,
13	13	other than an offense under Section 49.02, Penal Code, may, instead
14	14	of taking the person before a magistrate, issue a citation to the
15	15	person that contains:
16	16	(1) written notice of the time and place the person
17	17	must appear before a magistrate;
18	18	(2) the name and address of the person charged;
19	19	(3) the offense charged;
20	20	(4) information regarding the alternatives to the full
21	21	payment of any fine or costs assessed against the person, if the
22	22	person is convicted of the offense and is unable to pay that amount;
23	23	and
24	24	(5) the following admonishment, in boldfaced or
25	25	underlined type or in capital letters:
26	26	"If you are convicted of a misdemeanor offense involving
27	27	violence where you are or were a spouse, intimate partner, parent,
28	28	or guardian of the victim or are or were involved in another,
29	29	similar relationship with the victim, it may be unlawful for you to
30	30	possess or acquire [purchase] a firearm, including a handgun or
31	31	long gun, or ammunition, pursuant to federal law under 18 U.S.C.
32	32	Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you
33	33	have any questions whether these laws make it illegal for you to
34	34	possess or acquire [purchase] a firearm, you should consult an
35	35	attorney. If you make a false statement to the court under oath
36	36	relating to your possession or acquisition of a firearm or
37	37	ammunition, you may be subject to prosecution for an offense under
38	38	Section 37.02, Texas Penal Code."
39	39	SECTION 2. Article 26.13, Code of Criminal Procedure, is
40	40	amended by adding Subsection (a-1) to read as follows:
41	41	(a-1) Before accepting a plea of guilty or a plea of nolo
42	42	contendere, the court shall admonish the defendant by using the
43	43	following statement:
44	44	"If you are convicted of a felony offense, it may be unlawful
45	45	for you to possess or acquire a firearm, including a handgun or long
46	46	gun, or ammunition, pursuant to federal law under 18 U.S.C. Section
47	47	922(g)(1) or Section 46.04(a), Texas Penal Code. If you have any
48	48	questions whether these laws make it illegal for you to possess or
49	49	acquire a firearm, you should consult an attorney. If you make a
50	50	false statement to the court under oath relating to your possession
51	51	or acquisition of a firearm or ammunition, you may be subject to
52	52	prosecution for an offense under Section 37.02, Texas Penal Code."
53	53	SECTION 3. Article 27.14(e)(1), Code of Criminal Procedure,
54	54	is amended to read as follows:
55	55	(e)(1) Before accepting a plea of guilty or a plea of nolo
56	56	contendere by a defendant charged with a misdemeanor involving
57	57	family violence, as defined by Section 71.004, Family Code, the
58	58	court shall admonish the defendant by using the following
59	59	statement:
60	60	"If you are convicted of a misdemeanor offense involving
61	61	violence where you are or were a spouse, intimate partner, parent,
62	62	or guardian of the victim or are or were involved in another,
63	63	similar relationship with the victim, it may be unlawful for you to
64	64	possess or acquire [purchase] a firearm, including a handgun or
65	65	long gun, or ammunition, pursuant to federal law under 18 U.S.C.
66	66	Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you
67	67	have any questions whether these laws make it illegal for you to
68	68	possess or acquire [purchase] a firearm, you should consult an
69	69	attorney. If you make a false statement to the court under oath
70	70	relating to your possession or acquisition of a firearm or
71	71	ammunition, you may be subject to prosecution for an offense under
72	72	Section 37.02, Texas Penal Code."
73	73	SECTION 4. Article 42.0131, Code of Criminal Procedure, is
74	74	amended to read as follows:
75	75	Art. 42.0131. REQUIRED NOTICE REGARDING FIREARMS [FOR
76	76	PERSONS CONVICTED OF MISDEMEANORS INVOLVING FAMILY VIOLENCE]. If a
77	77	person is convicted of a misdemeanor involving family violence, as
78	78	defined by Section 71.004, Family Code, or of a felony, the court
79	79	shall notify the person of the fact that:
80	80	(1) it is unlawful for the person to possess or acquire
81	81	[transfer] a firearm or ammunition; and
82	82	(2) a person who makes a false statement to the court
83	83	under oath relating to the person's possession or acquisition of a
84	84	firearm is subject to prosecution for an offense under Section
85	85	37.02, Penal Code.
86	86	SECTION 5. (a) Article 14.06, Code of Criminal Procedure,
87	87	as amended by this Act, applies only to an offense committed on or
88	88	after the effective date of this Act. An offense committed before
89	89	the effective date of this Act is governed by the law in effect on
90	90	the date the offense was committed, and the former law is continued
91	91	in effect for that purpose. For purposes of this subsection, an
92	92	offense was committed before the effective date of this Act if any
93	93	element of the offense occurred before that date.
94	94	(b) Articles 26.13 and 27.14, Code of Criminal Procedure, as
95	95	amended by this Act, apply to a plea of guilty or a plea of nolo
96	96	contendere accepted by a court on or after the effective date of
97	97	this Act, regardless of whether the offense for which the plea was
98	98	accepted was committed before, on, or after that date.
99	99	(c) Article 42.0131, Code of Criminal Procedure, as amended
100	100	by this Act, applies to a judgment of conviction entered on or after
101	101	the effective date of this Act, regardless of whether the offense of
102	102	which the defendant is convicted was committed before, on, or after
103	103	that date.
104	104	SECTION 6. This Act takes effect September 1, 2023.