Texas 2023 - 88th Regular

Texas House Bill HB4336 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Hayes H.B. No. 4336
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the prohibition of a person who is the subject of a
7	7	family violence protective order or arrested for or charged with an
8	8	offense involving family violence to surrender firearms owned by
9	9	the person.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 85.022(b), Family Code, is amended to
12	12	read as follows:
13	13	(b) In a protective order, the court may prohibit the person
14	14	found to have committed family violence from:
15	15	(1) committing family violence;
16	16	(2) communicating:
17	17	(A) directly with a person protected by an order
18	18	or a member of the family or household of a person protected by an
19	19	order, in a threatening or harassing manner;
20	20	(B) a threat through any person to a person
21	21	protected by an order or a member of the family or household of a
22	22	person protected by an order; and
23	23	(C) if the court finds good cause, in any manner
24	24	with a person protected by an order or a member of the family or
25	25	household of a person protected by an order, except through the
26	26	party's attorney or a person appointed by the court;
27	27	(3) going to or near the residence or place of
28	28	employment or business of a person protected by an order or a member
29	29	of the family or household of a person protected by an order;
30	30	(4) going to or near the residence, child-care
31	31	facility, or school a child protected under the order normally
32	32	attends or in which the child normally resides;
33	33	(5) engaging in conduct directed specifically toward a
34	34	person who is a person protected by an order or a member of the
35	35	family or household of a person protected by an order, including
36	36	following the person, that is reasonably likely to harass, annoy,
37	37	alarm, abuse, torment, or embarrass the person; and
38	38	(6) possessing a firearm, unless the person is a peace
39	39	officer, as defined by Section 1.07, Penal Code, actively engaged
40	40	in employment as a sworn, full-time paid employee of a state agency
41	41	or political subdivision; and
42	42	(7)(6) harming, threatening, or interfering with the
43	43	care, custody, or control of a pet, companion animal, or assistance
44	44	animal, as defined by Section 121.002, Human Resources Code, that
45	45	is possessed by or is in the actual or constructive care of a person
46	46	protected by an order or by a member of the family or household of a
47	47	person protected by an order.
48	48	SECTION 2. Section 85.022 (d), Family Code, is repealed.
49	49	SECTION 3. Section 85.026 (a), Family Code, is amended to
50	50	read as follows:
51	51	(a) Each protective order issued under this subtitle,
52	52	including a temporary ex parte order, must contain the following
53	53	prominently displayed statements in boldfaced type, capital
54	54	letters, or underlined:
55	55	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
56	56	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
57	57	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
58	58	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
59	59	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
60	60	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
61	61	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
62	62	UNLESS A COURT CHANGES THE ORDER."
63	63	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
64	64	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
65	65	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
66	66	SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
67	67	FIREARM OR AMMUNITION."
68	68	"IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM
69	69	CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE
70	70	EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST
71	71	ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR
72	72	IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON:
73	73	"(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS
74	74	RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
75	75	IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR
76	76	"(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS
77	77	RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
78	78	IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS."
79	79	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
80	80	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
81	81	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
82	82	RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
83	83	MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
84	84	SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
85	85	FOR AT LEAST TWO YEARS."
86	86	SECTION 4. The change in law made by this Act applies only
87	87	to an offense committed on or after the effective date of this Act.
88	88	An offense committed before the effective date of this Act is
89	89	governed by the law in effect on the date the offense was committed,
90	90	and the former law is continued in effect for that purpose. For
91	91	purposes of this section, an offense was committed before the
92	92	effective date of this Act if any element of the offense occurred
93	93	before that date.
94	94	SECTION 5. This Act takes effect September 1, 2023.