| 1 | 1 | | By: Johnson of Dallas, Harless, et al. H.B. No. 544 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the reporting of certain orders and convictions to the |
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| 7 | 7 | | Department of Public Safety and Federal Bureau of Investigation for |
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| 8 | 8 | | use with the National Instant Criminal Background Check System for |
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| 9 | 9 | | the transfer of firearms. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 7B, Code of Criminal |
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| 12 | 12 | | Procedure, is amended by adding Article 7B.0085 to read as follows: |
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| 13 | 13 | | Art. 7B.0085. REPORTING. For an original or modified |
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| 14 | 14 | | protective order issued under this subchapter, on receipt of the |
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| 15 | 15 | | order from the clerk of the court, a law enforcement agency shall |
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| 16 | 16 | | immediately, but not later than the third calendar day after the |
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| 17 | 17 | | date the order is received, enter the information required by |
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| 18 | 18 | | Section 411.042(b)(6), Government Code, into the statewide law |
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| 19 | 19 | | enforcement information system maintained by the Department of |
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| 20 | 20 | | Public Safety. |
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| 21 | 21 | | SECTION 2. Subchapter B, Chapter 7B, Code of Criminal |
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| 22 | 22 | | Procedure, is amended by adding Article 7B.054 to read as follows: |
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| 23 | 23 | | Art. 7B.054. REPORTING. For an original or modified |
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| 24 | 24 | | protective order issued under this subchapter, on receipt of the |
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| 25 | 25 | | order from the clerk of the court, a law enforcement agency shall |
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| 26 | 26 | | immediately, but not later than the third calendar day after the |
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| 27 | 27 | | date the order is received, enter the information required by |
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| 28 | 28 | | Section 411.042(b)(6), Government Code, into the statewide law |
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| 29 | 29 | | enforcement information system maintained by the Department of |
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| 30 | 30 | | Public Safety. |
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| 31 | 31 | | SECTION 3. Article 66.252, Code of Criminal Procedure, is |
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| 32 | 32 | | amended by amending Subsections (b) and (d) and adding Subsections |
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| 33 | 33 | | (d-1) and (h) to read as follows: |
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| 34 | 34 | | (b) The arresting law enforcement agency shall prepare a |
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| 35 | 35 | | uniform incident fingerprint card described by Article 66.251 and |
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| 36 | 36 | | initiate the reporting process for each offender charged with: |
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| 37 | 37 | | (1) a felony; |
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| 38 | 38 | | (2) a misdemeanor for which a term of confinement may |
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| 39 | 39 | | be imposed; or |
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| 40 | 40 | | (3) a misdemeanor punishable by fine only that |
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| 41 | 41 | | involves family violence[, as defined by Section 71.004, Family |
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| 42 | 42 | | Code]. |
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| 43 | 43 | | (d) Except as provided by Subsection (d-1) or (e) or as |
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| 44 | 44 | | otherwise required by applicable state law or rule, information or |
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| 45 | 45 | | data required by this chapter to be reported to the Department of |
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| 46 | 46 | | Public Safety or the Texas Department of Criminal Justice shall be |
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| 47 | 47 | | reported promptly but not later than the 30th day after the date on |
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| 48 | 48 | | which the information or data is received by the agency responsible |
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| 49 | 49 | | for reporting it. |
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| 50 | 50 | | (d-1) A conviction for an offense involving family violence |
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| 51 | 51 | | that would prohibit a person from possessing a firearm under state |
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| 52 | 52 | | or federal law shall be reported to the Department of Public Safety |
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| 53 | 53 | | not later than the fifth calendar day after the date the judgment of |
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| 54 | 54 | | conviction is entered. |
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| 55 | 55 | | (h) For purposes of this article, "family violence" has the |
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| 56 | 56 | | meaning assigned by Section 71.004, Family Code. |
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| 57 | 57 | | SECTION 4. Subchapter D, Chapter 411, Government Code, is |
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| 58 | 58 | | amended by adding Section 411.0525 to read as follows: |
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| 59 | 59 | | Sec. 411.0525. REPORTING OF CERTAIN PROTECTIVE ORDERS AND |
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| 60 | 60 | | FAMILY VIOLENCE MISDEMEANOR CONVICTIONS. (a) In this section: |
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| 61 | 61 | | (1) "Family violence misdemeanor" means a misdemeanor |
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| 62 | 62 | | crime of domestic violence as defined by 18 U.S.C. Section 921. |
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| 63 | 63 | | (2) "Protective order" means a court order described |
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| 64 | 64 | | by 18 U.S.C. Section 922(g)(8). |
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| 65 | 65 | | (b) The department shall report to the Federal Bureau of |
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| 66 | 66 | | Investigation for use with the National Instant Criminal Background |
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| 67 | 67 | | Check System each protective order and each conviction for a family |
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| 68 | 68 | | violence misdemeanor not later than the third calendar day after |
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| 69 | 69 | | the date the department receives information that the protective |
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| 70 | 70 | | order or judgment of conviction was entered. |
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| 71 | 71 | | SECTION 5. Articles 7B.0085, 7B.054, and 66.252(d-1), Code |
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| 72 | 72 | | of Criminal Procedure, as added by this Act, apply only to a |
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| 73 | 73 | | protective order or judgment of conviction entered on or after the |
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| 74 | 74 | | effective date of this Act. |
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| 75 | 75 | | SECTION 6. Section 411.0525, Government Code, as added by |
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| 76 | 76 | | this Act, applies only to information received by the Department of |
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| 77 | 77 | | Public Safety of the State of Texas on or after the effective date |
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| 78 | 78 | | of this Act. |
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| 79 | 79 | | SECTION 7. This Act takes effect September 1, 2023. |
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