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Texas House Bill HB60

Texas 2023 - 88th 2nd C.S.

Texas House Bill HB60 Compare Versions

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11 By: Ramos H.B. No. 60
22
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to requiring a person convicted of an offense involving
77 family violence or a person who is the subject of a protective order
88 to surrender firearms owned by the person; authorizing a fee.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Title 1, Code of Criminal Procedure, is amended
1111 by adding Chapter 68 to read as follows:
1212 CHAPTER 68. SURRENDER OF FIREARM ON CONVICTION OF CERTAIN FAMILY
1313 VIOLENCE OFFENSES OR ISSUANCE OF CERTAIN PROTECTIVE ORDERS
1414 Art. 68.001. APPLICABILITY. This chapter applies to a
1515 person who:
1616 (1) is convicted of an offense involving family
1717 violence, as defined by Section 71.004, Family Code; or
1818 (2) is the subject of:
1919 (A) a protective order under Chapter 85, Family
2020 Code, or Subchapter A, Chapter 7B of this code; or
2121 (B) a magistrate's order for emergency
2222 protection under Article 17.292.
2323 Art. 68.002. NOTICE AND ORDER TO SURRENDER FIREARM. On
2424 conviction of a person for an offense described by Article
2525 68.001(1) or issuance of an order described by Article 68.001(2),
2626 the court shall:
2727 (1) provide written notice to the person who was
2828 convicted or who is the subject of the order that the person is
2929 prohibited from acquiring, possessing, or controlling a firearm
3030 under 18 U.S.C. Section 922(g); and
3131 (2) order the person to surrender all firearms the
3232 person owns in the manner provided by Article 68.003:
3333 (A) if the person receives notice under this
3434 article, within the period provided by the notice for the surrender
3535 of the firearms, which may not be more than 48 hours after the
3636 receipt of the notice; or
3737 (B) if the person was taken into custody
3838 immediately after conviction, not later than 48 hours after the
3939 person is released from custody.
4040 Art. 68.003. SURRENDER OF FIREARM. A person required to
4141 surrender a firearm under Article 68.002 shall surrender the
4242 firearm by:
4343 (1) selling the firearm to a person who is a licensed
4444 firearms dealer under 18 U.S.C. Section 923;
4545 (2) surrendering the firearm to a law enforcement
4646 agency for holding in the manner described by Article 68.006, if the
4747 person is required to surrender the firearm based on:
4848 (A) a conviction described by Article 68.001(1)
4949 that the person intends to appeal; or
5050 (B) an order described by Article 68.001(2); or
5151 (3) surrendering the firearm to a law enforcement
5252 agency for disposition in the manner provided by Article 68.007, if
5353 the person is required to surrender the firearm based on a
5454 conviction described by Article 68.001(1) that the person does not
5555 intend to appeal.
5656 Art. 68.004. REQUIRED DOCUMENTATION. (a) A person subject
5757 to an order under Article 68.002 who does not own a firearm shall
5858 submit to the court a signed affidavit affirming that the person
5959 does not own a firearm.
6060 (b) A licensed firearms dealer who takes possession of a
6161 firearm from a person required to surrender the firearm under
6262 Article 68.002 shall immediately provide the person with a written
6363 receipt for the firearm, and the person shall file the receipt with
6464 the court.
6565 Art. 68.005. LAW ENFORCEMENT AGENCY POLICY REGARDING
6666 SURRENDER OF FIREARM; FEE. (a) A law enforcement agency that takes
6767 possession of surrendered firearms under this chapter shall develop
6868 any necessary forms, policies, and procedures for collecting and
6969 storing and for returning, selling, or destroying the firearms.
7070 (b) The law enforcement agency may impose a reasonable fee
7171 for storing a firearm surrendered under this chapter.
7272 Art. 68.006. HOLDING OF FIREARM SURRENDERED TO LAW
7373 ENFORCEMENT AGENCY. (a) A law enforcement agency that takes
7474 possession of a firearm under Article 68.003(2) shall immediately
7575 provide the person surrendering the firearm a written receipt for
7676 the firearm and a written notice of the procedure for the return of
7777 the firearm under this article, including any applicable fees due
7878 on return of the firearm.
7979 (b) A person who receives a receipt under Subsection (a)
8080 shall file the receipt with the court.
8181 (c) Not later than the 30th day after the date of any of the
8282 following, the clerk of the court shall notify the law enforcement
8383 agency that, as applicable:
8484 (1) the conviction for which the person was required
8585 to surrender the person's firearm became final;
8686 (2) the conviction for which the person was required
8787 to surrender the person's firearm was vacated, dismissed, reversed
8888 on appeal, or otherwise fully discharged or the person received a
8989 full pardon for the conviction; or
9090 (3) the order for which the person was required to
9191 surrender the person's firearm has expired or has been rescinded.
9292 (d) Not later than the 30th day after the date the law
9393 enforcement agency holding a firearm subject to disposition under
9494 this article receives the notice described by Subsection (c)(2) or
9595 (3), the law enforcement agency shall conduct a check of state and
9696 national criminal history record information to verify whether the
9797 person may lawfully possess a firearm under 18 U.S.C. Section
9898 922(g) and under the law of this state.
9999 (e) If the check conducted under Subsection (d) verifies
100100 that the person may lawfully possess a firearm, the law enforcement
101101 agency shall provide to the person by certified mail written notice
102102 stating that the firearm may be returned to the person if, before
103103 the 121st day after the date of the notice, the person submits:
104104 (1) a written request for the return of the firearm;
105105 and
106106 (2) a reasonable fee for storing the firearm in the
107107 amount set by the law enforcement agency holding the firearm.
108108 (f) If the law enforcement agency receives notice under
109109 Subsection (c)(1) or if the check conducted under Subsection (d)
110110 shows that the person may not lawfully possess a firearm, the law
111111 enforcement agency shall provide to the person by certified mail
112112 written notice stating that:
113113 (1) the person may not lawfully possess a firearm
114114 under 18 U.S.C. Section 922(g) or under the law of this state; and
115115 (2) the law enforcement agency holding the firearm
116116 will dispose of the firearm in the manner provided by Article
117117 68.007.
118118 Art. 68.007. DISPOSITION OF FIREARM SURRENDERED TO LAW
119119 ENFORCEMENT AGENCY. (a) A law enforcement agency shall provide for
120120 a firearm surrendered to the law enforcement agency under this
121121 chapter to be sold by a person who is a licensed firearms dealer
122122 under 18 U.S.C. Section 923 if:
123123 (1) the person surrendered the firearm under Article
124124 68.003(2) and:
125125 (A) the person did not respond to notice under
126126 Article 68.006(e) before the 121st day after the date of the notice;
127127 or
128128 (B) the law enforcement agency has provided
129129 notice under Article 68.006(f) that the person may not lawfully
130130 possess a firearm and that the law enforcement agency intends to
131131 dispose of the firearm as provided by this article; or
132132 (2) the person surrendered the firearm under Article
133133 68.003(3).
134134 (b) The proceeds from the sale of a firearm under this
135135 article shall be paid to the owner of the firearm, less:
136136 (1) the cost of administering this article with
137137 respect to the firearm; and
138138 (2) if applicable, a reasonable fee for storing the
139139 firearm under Article 68.006 in the amount set by the law
140140 enforcement agency holding the firearm.
141141 (c) An unclaimed firearm that is surrendered as provided by
142142 this chapter may not be destroyed or forfeited to the state.
143143 Art. 68.008. FORM OF AFFIDAVIT. The Office of Court
144144 Administration of the Texas Judicial System shall adopt a model
145145 affidavit for purposes of Article 68.004.
146146 SECTION 2. Article 7B.006(a), Code of Criminal Procedure,
147147 is amended to read as follows:
148148 (a) Each protective order issued under this subchapter,
149149 including a temporary ex parte order, must contain the following
150150 prominently displayed statements in boldfaced type, in capital
151151 letters, or underlined:
152152 "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
153153 CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
154154 JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
155155 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
156156 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
157157 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
158158 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
159159 UNLESS A COURT CHANGES THE ORDER."
160160 "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
161161 DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
162162 AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
163163 SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
164164 FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE
165165 OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS PROVIDED
166166 BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
167167 SECTION 3. Article 17.292(g), Code of Criminal Procedure,
168168 is amended to read as follows:
169169 (g) An order for emergency protection issued under this
170170 article must contain the following statements printed in bold-face
171171 type or in capital letters:
172172 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
173173 BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
174174 CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
175175 RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE
176176 MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A
177177 VIOLATION OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE
178178 FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT
179179 LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER
180180 THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE,
181181 ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE
182182 OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS
183183 ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY
184184 CONFINEMENT OR IMPRISONMENT. A PERSON SUBJECT TO THIS ORDER MUST
185185 DISPOSE OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS
186186 PROVIDED BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
187187 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
188188 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
189189 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
190190 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
191191 UNLESS A COURT CHANGES THE ORDER."
192192 SECTION 4. Section 85.026(a), Family Code, is amended to
193193 read as follows:
194194 (a) Each protective order issued under this subtitle,
195195 including a temporary ex parte order, must contain the following
196196 prominently displayed statements in boldfaced type, capital
197197 letters, or underlined:
198198 "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
199199 CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
200200 JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
201201 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
202202 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
203203 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
204204 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
205205 UNLESS A COURT CHANGES THE ORDER."
206206 "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
207207 DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
208208 AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
209209 SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
210210 FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE
211211 OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS PROVIDED
212212 BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
213213 "IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM
214214 CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE
215215 EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST
216216 ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR
217217 IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON:
218218 "(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS
219219 RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
220220 IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR
221221 "(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS
222222 RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
223223 IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS."
224224 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
225225 BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
226226 CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
227227 RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
228228 MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
229229 SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
230230 FOR AT LEAST TWO YEARS."
231231 SECTION 5. (a) Chapter 68, Code of Criminal Procedure, as
232232 added by this Act, applies only to a person who is convicted of an
233233 offense described by Article 68.001(1), Code of Criminal Procedure,
234234 as added by this Act, on or after January 1, 2024, or who is the
235235 subject of an order described by Article 68.001(2), Code of
236236 Criminal Procedure, as added by this Act, that is issued on or after
237237 that date. A person who is convicted of an offense before January
238238 1, 2024, or who is the subject of an order issued before that date is
239239 governed by the law in effect immediately before the effective date
240240 of this Act, and the former law is continued in effect for that
241241 purpose.
242242 (b) The Office of Court Administration of the Texas Judicial
243243 System shall adopt the model affidavit required by Article 68.008,
244244 Code of Criminal Procedure, as added by this Act, not later than
245245 December 1, 2023.
246246 SECTION 6. The change in law made by this Act relating to
247247 the contents of a protective order or a magistrate's order for
248248 emergency protection applies to an order issued on or after January
249249 1, 2024. An order issued before that date is governed by the law as
250250 it existed immediately before the effective date of this Act, and
251251 the former law is continued in effect for that purpose.
252252 SECTION 7. This Act takes effect on the 91st day after the
253253 last day of the legislative session.