| 1 | 1 | | 88R2196 AJZ-D |
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| 2 | 2 | | By: Wu H.B. No. 533 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the seizure of firearms during the emergency detention |
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| 8 | 8 | | of certain persons who may have a mental illness. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 573.001(h), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (h) A peace officer who takes a person into custody under |
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| 13 | 13 | | Subsection (a) may immediately seize any firearm found in |
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| 14 | 14 | | possession of the person or found in plain sight and readily |
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| 15 | 15 | | accessible to the person. After seizing a firearm under this |
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| 16 | 16 | | subsection, the peace officer shall comply with the requirements of |
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| 17 | 17 | | Article 18.191, Code of Criminal Procedure. |
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| 18 | 18 | | SECTION 2. The change in law made by this Act applies only |
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| 19 | 19 | | to an apprehension for an emergency detention that occurs on or |
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| 20 | 20 | | after the effective date of this Act. An apprehension for emergency |
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| 21 | 21 | | detention that occurs before the effective date of this Act is |
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| 22 | 22 | | governed by the law in effect on the date the apprehension for |
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| 23 | 23 | | emergency detention occurred, and the former law is continued in |
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| 24 | 24 | | effect for that purpose. |
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| 25 | 25 | | SECTION 3. This Act takes effect September 1, 2023. |
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