Texas House Bill HB1617

Texas 2023 - 88th Regular

• Filed: 1/25/23
• Out of House Committee: 4/24/23
• Voted on by House: 5/3/23

Caption

Relating to notice for certain defendants regarding the unlawful possession or acquisition of a firearm or ammunition.

Impact

The legislation amends multiple sections of the Code of Criminal Procedure to establish clear guidelines for judges to follow when advising defendants. It specifies that prior to accepting a plea, courts must inform individuals of the legal consequences of their convictions on firearm possession. By formalizing this notice procedure, the bill seeks to reduce confusion that may arise regarding a defendant's rights post-conviction and ensure that all individuals similarly informed regardless of the presiding judge's discretion.

Summary

House Bill 1617 focuses on improving communication regarding firearm possession laws for individuals convicted of certain crimes, particularly those involving family violence. The bill mandates that courts inform defendants about their firearm possession rights, especially if a conviction leads to restrictions under state and federal law. This initiative stems from a recommendation in Governor Greg Abbott's 2019 Texas Safety Action Report, aiming to clarify judicial obligations and enhance understanding among defendants about their rights and restrictions regarding firearms.

Sentiment

The general sentiment around HB 1617 appears to be supportive, with legislators recognizing the need for consistency in how firearm possession laws are communicated. Proponents view the bill as a step towards ensuring public safety through increased awareness, albeit some critics remain skeptical about the necessity of additional regulations when existing procedures could suffice. Despite some pushback, the passage of the bill indicates a politics of consensus on the importance of clarity for defendants regarding their legal rights.

Contention

Points of contention primarily revolve around concerns about the sufficiency of existing measures. Some critics argue that implementing this bill may not significantly change the current practices, suggesting that judges already possess the authority to inform defendants as deemed appropriate. There is also a debate on whether the bill properly addresses the complexities of firearm possession laws while balancing the rights of convicted individuals with public safety interests.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 14. Arrest Without Warrant
  • Section: 06
  • Section: New Section
  • Section: 06

• Chapter 26. Arraignment
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 27. The Pleading In Criminal Actions
  • Section: 14
  • Section: New Section
  • Section: 14

• Chapter 42. Judgment And Sentence
  • Section: 0131
  • Section: 0131
  • Section: 0131

Penal Code

• Chapter 37. Perjury And Other Falsification
  • Section: 02

• Chapter 46. Weapons
  • Section: 04

Family Code

• Chapter 71. Definitions
  • Section: New Section
  • Section: New Section