Texas House Bill HB544

Texas 2023 - 88th Regular

• Filed: 11/14/22
• Out of House Committee: 4/3/23
• Voted on by House: 5/9/23

Caption

Relating to the reporting of certain orders and convictions to the Department of Public Safety and Federal Bureau of Investigation for use with the National Instant Criminal Background Check System for the transfer of firearms.

Impact

The implementation of HB 544 is expected to have significant implications on state law surrounding gun ownership and domestic violence. By tightening the reporting timelines for protective orders and related criminal convictions, the bill aims to improve the enforcement of existing laws regarding firearm ownership among those deemed dangerous or unfit due to domestic violence convictions. This may have a dual impact: on one hand, it enhances public safety by facilitating timely reporting and preventing potential firearm access for high-risk individuals; on the other hand, it raises questions about due process and the implications of rapid reporting on individuals' rights.

Summary

House Bill 544 aims to enhance the reporting of protective orders and convictions related to family violence to the Department of Public Safety (DPS) and the Federal Bureau of Investigation (FBI) for the purpose of improving the National Instant Criminal Background Check System (NICS). The key section of the bill mandates that law enforcement agencies must report any original or modified protective orders as well as family violence misdemeanor convictions to the DPS within a specified time frame, specifically no later than five days after a conviction and three days after receiving the order from the court. The bill seeks to streamline and expedite the reporting process to ensure that individuals prohibited from owning firearms due to such legal issues are swiftly recorded in the background check system.

Sentiment

The sentiment regarding HB 544 appears largely supportive amongst public safety advocates and organizations focused on domestic violence prevention. Supporters argue that the bill addresses critical gaps in data reporting and emphasizes the state's commitment to preventing domestic violence-related gun violence. However, there are concerns voiced by some legal experts and civil rights advocates who worry that expedited reporting may overlook nuances in legal proceedings or lead to increased challenges for individuals who may be wrongfully accused of family violence misdemeanors. As a result, the conversation around the bill reflects a common tension between enhancing public safety and protecting individual rights.

Contention

Notable points of contention during the discussions included concerns over expanding the categories of prohibited firearm ownership beyond what is mandated by federal law. Some legislators expressed opposition to broadening these parameters, fearing it could lead to unjust restrictions that affect individuals incorrectly implicated in family violence cases. Additionally, discussions highlighted the importance of maintaining balance in legislative measures that penalize wrongful actions while ensuring that genuine victims of family violence receive protection without inadvertently facing legal hurdles themselves.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 7. Proceedings Before Magistrates To Prevent Offenses
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 66. Criminal History Record System
  • Section: New Section
  • Section: New Section
  • Section: New Section

Government Code

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: New Section
  • Section: New Section
  • Section: New Section