Texas 2023 - 88th Regular

Texas House Bill HB3938 Compare Versions

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1	1	88R3972 MEW-D
2	2	By: Moody H.B. No. 3938
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring certain persons prohibited by law from
8	8	owning, possessing, or controlling a firearm to dispose of firearms
9	9	owned, possessed, or controlled 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. DISPOSAL OF FIREARM BY CERTAIN PERSONS PROHIBITED BY
14	14	LAW FROM OWNING, POSSESSING, OR CONTROLLING A FIREARM
15	15	Art. 68.001. APPLICABILITY. This chapter applies to a
16	16	person who:
17	17	(1) is convicted of:
18	18	(A) an offense involving family violence, as
19	19	defined by Section 71.004, Family Code; or
20	20	(B) a felony;
21	21	(2) is the subject of:
22	22	(A) a protective order under Chapter 85, Family
23	23	Code, or Subchapter A, Chapter 7B, of this code; or
24	24	(B) a magistrate's order for emergency
25	25	protection under Article 17.292; or
26	26	(3) is subject to a condition of bond or community
27	27	supervision prohibiting the person from acquiring, possessing, or
28	28	controlling a firearm.
29	29	Art. 68.002. NOTICE AND ORDER TO DISPOSE OF FIREARM. On
30	30	conviction of a person for an offense described by Article
31	31	68.001(1), issuance of an order described by Article 68.001(2), or
32	32	imposition of a condition described by Article 68.001(3), the court
33	33	shall:
34	34	(1) provide written notice to the person that the
35	35	person is prohibited from acquiring, possessing, or controlling a
36	36	firearm; and
37	37	(2) order the person to dispose of all firearms the
38	38	person owns, possesses, or controls not later than the 10th day
39	39	after:
40	40	(A) the date the person receives notice under
41	41	this article; or
42	42	(B) if the person was taken into custody
43	43	immediately after conviction, the date the person is released from
44	44	confinement.
45	45	Art. 68.003. REQUIRED DOCUMENTATION. A person subject to
46	46	an order under Article 68.002 shall submit to the court, not later
47	47	than the date specified by Subdivision (2) of that article, a signed
48	48	affidavit affirming that the person:
49	49	(1) has disposed of all firearms the person owns,
50	50	possesses, or controls; or
51	51	(2) does not own, possess, or control a firearm.
52	52	Art. 68.004. FORM OF AFFIDAVIT. The Office of Court
53	53	Administration of the Texas Judicial System shall adopt a model
54	54	affidavit for purposes of Article 68.003.
55	55	SECTION 2. Article 7B.006(a), Code of Criminal Procedure,
56	56	is amended to read as follows:
57	57	(a) Each protective order issued under this subchapter,
58	58	including a temporary ex parte order, must contain the following
59	59	prominently displayed statements in boldfaced type, in capital
60	60	letters, or underlined:
61	61	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
62	62	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
63	63	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
64	64	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
65	65	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
66	66	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
67	67	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
68	68	UNLESS A COURT CHANGES THE ORDER."
69	69	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
70	70	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
71	71	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
72	72	SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
73	73	FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE
74	74	OF ANY FIREARMS IN THE PERSON'S POSSESSION OR CONTROL AS PROVIDED BY
75	75	CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
76	76	SECTION 3. Article 17.292(g), Code of Criminal Procedure,
77	77	is amended to read as follows:
78	78	(g) An order for emergency protection issued under this
79	79	article must contain the following statements printed in bold-face
80	80	type or in capital letters:
81	81	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
82	82	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
83	83	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
84	84	RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE
85	85	MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A
86	86	VIOLATION OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE
87	87	FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT
88	88	LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER
89	89	THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE,
90	90	ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE
91	91	OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS
92	92	ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY
93	93	CONFINEMENT OR IMPRISONMENT. A PERSON SUBJECT TO THIS ORDER MUST
94	94	DISPOSE OF ANY FIREARMS IN THE PERSON'S POSSESSION OR CONTROL AS
95	95	PROVIDED BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
96	96	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
97	97	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
98	98	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
99	99	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
100	100	UNLESS A COURT CHANGES THE ORDER."
101	101	SECTION 4. Section 85.026(a), Family Code, is amended to
102	102	read as follows:
103	103	(a) Each protective order issued under this subtitle,
104	104	including a temporary ex parte order, must contain the following
105	105	prominently displayed statements in boldfaced type, capital
106	106	letters, or underlined:
107	107	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
108	108	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
109	109	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
110	110	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
111	111	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
112	112	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
113	113	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
114	114	UNLESS A COURT CHANGES THE ORDER."
115	115	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
116	116	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
117	117	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
118	118	SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
119	119	FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE
120	120	OF ANY FIREARMS IN THE PERSON'S POSSESSION OR CONTROL AS PROVIDED BY
121	121	CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
122	122	"IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM
123	123	CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE
124	124	EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST
125	125	ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR
126	126	IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON:
127	127	"(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS
128	128	RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
129	129	IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR
130	130	"(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS
131	131	RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
132	132	IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS."
133	133	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
134	134	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
135	135	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
136	136	RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
137	137	MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
138	138	SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
139	139	FOR AT LEAST TWO YEARS."
140	140	SECTION 5. (a) Chapter 68, Code of Criminal Procedure, as
141	141	added by this Act, applies only to a person who is convicted of an
142	142	offense described by Article 68.001(1), Code of Criminal Procedure,
143	143	as added by this Act, on or after January 1, 2024, or who is the
144	144	subject of an order described by Article 68.001(2), Code of
145	145	Criminal Procedure, as added by this Act, or who is subject to a
146	146	condition of bond or community supervision described by Article
147	147	68.001(3), Code of Criminal Procedure, as added by this Act, that is
148	148	issued on or after that date. A person who is convicted of an
149	149	offense before January 1, 2024, who is the subject of an order
150	150	issued, or who is subject to a condition imposed before that date is
151	151	governed by the law in effect immediately before the effective date
152	152	of this Act, and the former law is continued in effect for that
153	153	purpose.
154	154	(b) The Office of Court Administration of the Texas Judicial
155	155	System shall adopt the model affidavit required by Article 68.004,
156	156	Code of Criminal Procedure, as added by this Act, not later than
157	157	December 1, 2023.
158	158	SECTION 6. The change in law made by this Act relating to
159	159	the contents of a protective order or a magistrate's order for
160	160	emergency protection applies to an order issued on or after January
161	161	1, 2024. An order issued before that date is governed by the law as
162	162	it existed immediately before the effective date of this Act, and
163	163	the former law is continued in effect for that purpose.
164	164	SECTION 7. This Act takes effect September 1, 2023.