Bill Text: TX HB1479 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to requiring a person convicted of an offense involving family violence or a person who is the subject of a protective order to surrender firearms owned by the person; authorizing a fee.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2023-03-03 - Referred to Community Safety, Select [HB1479 Detail]
Download: Texas-2023-HB1479-Introduced.html
88R6395 MCF-D | ||
By: Ramos | H.B. No. 1479 |
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relating to requiring a person convicted of an offense involving | ||
family violence or a person who is the subject of a protective order | ||
to surrender firearms owned by the person; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 1, Code of Criminal Procedure, is amended | ||
by adding Chapter 68 to read as follows: | ||
CHAPTER 68. SURRENDER OF FIREARM ON CONVICTION OF CERTAIN FAMILY | ||
VIOLENCE OFFENSES OR ISSUANCE OF CERTAIN PROTECTIVE ORDERS | ||
Art. 68.001. APPLICABILITY. This chapter applies to a | ||
person who: | ||
(1) is convicted of an offense involving family | ||
violence, as defined by Section 71.004, Family Code; or | ||
(2) is the subject of: | ||
(A) a protective order under Chapter 85, Family | ||
Code, or Subchapter A, Chapter 7B of this code; or | ||
(B) a magistrate's order for emergency | ||
protection under Article 17.292. | ||
Art. 68.002. NOTICE AND ORDER TO SURRENDER FIREARM. On | ||
conviction of a person for an offense described by Article | ||
68.001(1) or issuance of an order described by Article 68.001(2), | ||
the court shall: | ||
(1) provide written notice to the person who was | ||
convicted or who is the subject of the order that the person is | ||
prohibited from acquiring, possessing, or controlling a firearm | ||
under 18 U.S.C. Section 922(g); and | ||
(2) order the person to surrender all firearms the | ||
person owns in the manner provided by Article 68.003: | ||
(A) if the person receives notice under this | ||
article, within the period provided by the notice for the surrender | ||
of the firearms, which may not be more than 48 hours after the | ||
receipt of the notice; or | ||
(B) if the person was taken into custody | ||
immediately after conviction, not later than 48 hours after the | ||
person is released from custody. | ||
Art. 68.003. SURRENDER OF FIREARM. A person required to | ||
surrender a firearm under Article 68.002 shall surrender the | ||
firearm by: | ||
(1) selling the firearm to a person who is a licensed | ||
firearms dealer under 18 U.S.C. Section 923; | ||
(2) surrendering the firearm to a law enforcement | ||
agency for holding in the manner described by Article 68.006, if the | ||
person is required to surrender the firearm based on: | ||
(A) a conviction described by Article 68.001(1) | ||
that the person intends to appeal; or | ||
(B) an order described by Article 68.001(2); or | ||
(3) surrendering the firearm to a law enforcement | ||
agency for disposition in the manner provided by Article 68.007, if | ||
the person is required to surrender the firearm based on a | ||
conviction described by Article 68.001(1) that the person does not | ||
intend to appeal. | ||
Art. 68.004. REQUIRED DOCUMENTATION. (a) A person subject | ||
to an order under Article 68.002 who does not own a firearm shall | ||
submit to the court a signed affidavit affirming that the person | ||
does not own a firearm. | ||
(b) A licensed firearms dealer who takes possession of a | ||
firearm from a person required to surrender the firearm under | ||
Article 68.002 shall immediately provide the person with a written | ||
receipt for the firearm, and the person shall file the receipt with | ||
the court. | ||
Art. 68.005. LAW ENFORCEMENT AGENCY POLICY REGARDING | ||
SURRENDER OF FIREARM; FEE. (a) A law enforcement agency that takes | ||
possession of surrendered firearms under this chapter shall develop | ||
any necessary forms, policies, and procedures for collecting and | ||
storing and for returning, selling, or destroying the firearms. | ||
(b) The law enforcement agency may impose a reasonable fee | ||
for storing a firearm surrendered under this chapter. | ||
Art. 68.006. HOLDING OF FIREARM SURRENDERED TO LAW | ||
ENFORCEMENT AGENCY. (a) A law enforcement agency that takes | ||
possession of a firearm under Article 68.003(2) shall immediately | ||
provide the person surrendering the firearm a written receipt for | ||
the firearm and a written notice of the procedure for the return of | ||
the firearm under this article, including any applicable fees due | ||
on return of the firearm. | ||
(b) A person who receives a receipt under Subsection (a) | ||
shall file the receipt with the court. | ||
(c) Not later than the 30th day after the date of any of the | ||
following, the clerk of the court shall notify the law enforcement | ||
agency that, as applicable: | ||
(1) the conviction for which the person was required | ||
to surrender the person's firearm became final; | ||
(2) the conviction for which the person was required | ||
to surrender the person's firearm was vacated, dismissed, reversed | ||
on appeal, or otherwise fully discharged or the person received a | ||
full pardon for the conviction; or | ||
(3) the order for which the person was required to | ||
surrender the person's firearm has expired or has been rescinded. | ||
(d) Not later than the 30th day after the date the law | ||
enforcement agency holding a firearm subject to disposition under | ||
this article receives the notice described by Subsection (c)(2) or | ||
(3), the law enforcement agency shall conduct a check of state and | ||
national criminal history record information to verify whether the | ||
person may lawfully possess a firearm under 18 U.S.C. Section | ||
922(g) and under the law of this state. | ||
(e) If the check conducted under Subsection (d) verifies | ||
that the person may lawfully possess a firearm, the law enforcement | ||
agency shall provide to the person by certified mail written notice | ||
stating that the firearm may be returned to the person if, before | ||
the 121st day after the date of the notice, the person submits: | ||
(1) a written request for the return of the firearm; | ||
and | ||
(2) a reasonable fee for storing the firearm in the | ||
amount set by the law enforcement agency holding the firearm. | ||
(f) If the law enforcement agency receives notice under | ||
Subsection (c)(1) or if the check conducted under Subsection (d) | ||
shows that the person may not lawfully possess a firearm, the law | ||
enforcement agency shall provide to the person by certified mail | ||
written notice stating that: | ||
(1) the person may not lawfully possess a firearm | ||
under 18 U.S.C. Section 922(g) or under the law of this state; and | ||
(2) the law enforcement agency holding the firearm | ||
will dispose of the firearm in the manner provided by Article | ||
68.007. | ||
Art. 68.007. DISPOSITION OF FIREARM SURRENDERED TO LAW | ||
ENFORCEMENT AGENCY. (a) A law enforcement agency shall provide for | ||
a firearm surrendered to the law enforcement agency under this | ||
chapter to be sold by a person who is a licensed firearms dealer | ||
under 18 U.S.C. Section 923 if: | ||
(1) the person surrendered the firearm under Article | ||
68.003(2) and: | ||
(A) the person did not respond to notice under | ||
Article 68.006(e) before the 121st day after the date of the notice; | ||
or | ||
(B) the law enforcement agency has provided | ||
notice under Article 68.006(f) that the person may not lawfully | ||
possess a firearm and that the law enforcement agency intends to | ||
dispose of the firearm as provided by this article; or | ||
(2) the person surrendered the firearm under Article | ||
68.003(3). | ||
(b) The proceeds from the sale of a firearm under this | ||
article shall be paid to the owner of the firearm, less: | ||
(1) the cost of administering this article with | ||
respect to the firearm; and | ||
(2) if applicable, a reasonable fee for storing the | ||
firearm under Article 68.006 in the amount set by the law | ||
enforcement agency holding the firearm. | ||
(c) An unclaimed firearm that is surrendered as provided by | ||
this chapter may not be destroyed or forfeited to the state. | ||
Art. 68.008. FORM OF AFFIDAVIT. The Office of Court | ||
Administration of the Texas Judicial System shall adopt a model | ||
affidavit for purposes of Article 68.004. | ||
SECTION 2. Article 7B.006(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) Each protective order issued under this subchapter, | ||
including a temporary ex parte order, must contain the following | ||
prominently displayed statements in boldfaced type, in capital | ||
letters, or underlined: | ||
"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR | ||
CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN | ||
JAIL FOR AS LONG AS SIX MONTHS, OR BOTH." | ||
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS | ||
ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY | ||
PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS | ||
VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT | ||
UNLESS A COURT CHANGES THE ORDER." | ||
"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS | ||
DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT | ||
AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL | ||
SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A | ||
FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE | ||
OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS PROVIDED | ||
BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE." | ||
SECTION 3. Article 17.292(g), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(g) An order for emergency protection issued under this | ||
article must contain the following statements printed in bold-face | ||
type or in capital letters: | ||
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED | ||
BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY | ||
CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT | ||
RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE | ||
MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A | ||
VIOLATION OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE | ||
FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT | ||
LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER | ||
THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, | ||
ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE | ||
OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS | ||
ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY | ||
CONFINEMENT OR IMPRISONMENT. A PERSON SUBJECT TO THIS ORDER MUST | ||
DISPOSE OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS | ||
PROVIDED BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE." | ||
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS | ||
ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY | ||
PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS | ||
VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT | ||
UNLESS A COURT CHANGES THE ORDER." | ||
SECTION 4. Section 85.026(a), Family Code, is amended to | ||
read as follows: | ||
(a) Each protective order issued under this subtitle, | ||
including a temporary ex parte order, must contain the following | ||
prominently displayed statements in boldfaced type, capital | ||
letters, or underlined: | ||
"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR | ||
CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN | ||
JAIL FOR AS LONG AS SIX MONTHS, OR BOTH." | ||
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS | ||
ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY | ||
PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS | ||
VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT | ||
UNLESS A COURT CHANGES THE ORDER." | ||
"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS | ||
DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT | ||
AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL | ||
SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A | ||
FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE | ||
OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS PROVIDED | ||
BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE." | ||
"IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM | ||
CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE | ||
EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST | ||
ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR | ||
IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON: | ||
"(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS | ||
RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR | ||
IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR | ||
"(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS | ||
RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR | ||
IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS." | ||
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED | ||
BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY | ||
CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT | ||
RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE | ||
MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A | ||
SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON | ||
FOR AT LEAST TWO YEARS." | ||
SECTION 5. (a) Chapter 68, Code of Criminal Procedure, as | ||
added by this Act, applies only to a person who is convicted of an | ||
offense described by Article 68.001(1), Code of Criminal Procedure, | ||
as added by this Act, on or after January 1, 2024, or who is the | ||
subject of an order described by Article 68.001(2), Code of | ||
Criminal Procedure, as added by this Act, that is issued on or after | ||
that date. A person who is convicted of an offense before January | ||
1, 2024, or who is the subject of an order issued before that date is | ||
governed by the law in effect immediately before the effective date | ||
of this Act, and the former law is continued in effect for that | ||
purpose. | ||
(b) The Office of Court Administration of the Texas Judicial | ||
System shall adopt the model affidavit required by Article 68.008, | ||
Code of Criminal Procedure, as added by this Act, not later than | ||
December 1, 2023. | ||
SECTION 6. The change in law made by this Act relating to | ||
the contents of a protective order or a magistrate's order for | ||
emergency protection applies to an order issued on or after January | ||
1, 2024. An order issued before that date is governed by the law as | ||
it existed immediately before the effective date of this Act, and | ||
the former law is continued in effect for that purpose. | ||
SECTION 7. This Act takes effect September 1, 2023. |