Bill Text: TX HB1713 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to requiring a person convicted of an offense involving family violence or a felony or a person who is the subject of a protective order to surrender firearms owned by the person.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-04-17 - Left pending in committee [HB1713 Detail]
Download: Texas-2019-HB1713-Introduced.html
86R10895 JSC-D | ||
By: Ramos | H.B. No. 1713 |
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relating to requiring a person convicted of an offense involving | ||
family violence or a felony or a person who is the subject of a | ||
protective order to surrender firearms owned by the person. | ||
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 OFFENSES | ||
OR ISSUANCE OF CERTAIN PROTECTIVE ORDERS | ||
Art. 68.01. APPLICABILITY. This chapter applies to a | ||
person who: | ||
(1) is convicted of: | ||
(A) an offense involving family violence, as | ||
defined by Section 71.004, Family Code; or | ||
(B) a felony; or | ||
(2) is the subject of: | ||
(A) a protective order under Chapter 85, Family | ||
Code, or Chapter 7A of this code; or | ||
(B) a magistrate's order for emergency | ||
protection under Article 17.292. | ||
Art. 68.02. NOTICE AND ORDER TO SURRENDER FIREARM. On | ||
conviction of a person for an offense described by Article 68.01(1) | ||
or issuance of an order described by Article 68.01(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 68.03 not later than | ||
the 30th day after: | ||
(A) the date the person receives notice under | ||
this article; or | ||
(B) if the person was taken into custody | ||
immediately after conviction, the date the person is released from | ||
confinement. | ||
Art. 68.03. SURRENDER OF FIREARM. A person required to | ||
surrender a firearm under Article 68.02 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 68.05, if the | ||
person is required to surrender the firearm based on: | ||
(A) a conviction described by Article 68.01(1) | ||
that the person intends to appeal; or | ||
(B) an order described by Article 68.01(2); or | ||
(3) surrendering the firearm to a law enforcement | ||
agency for disposition in the manner provided by Article 68.06, if | ||
the person is required to surrender the firearm based on a | ||
conviction described by Article 68.01(1) that the person does not | ||
intend to appeal. | ||
Art. 68.04. REQUIRED DOCUMENTATION. (a) A person subject | ||
to an order under Article 68.02 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 68.02 shall immediately provide the person with a written | ||
receipt for the firearm, and the person shall file the receipt with | ||
the court. | ||
Art. 68.05. HOLDING OF FIREARM SURRENDERED TO LAW | ||
ENFORCEMENT AGENCY. (a) A law enforcement agency that takes | ||
possession of a firearm under Article 68.03(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. | ||
(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. | ||
(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 a | ||
written request for the return of 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 68.06. | ||
Art. 68.06. 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 | ||
68.03(2) and: | ||
(A) the person did not respond to notice under | ||
Article 68.05(e) before the 121st day after the date of the notice; | ||
or | ||
(B) the law enforcement agency has provided | ||
notice under Article 68.05(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 | ||
68.03(3). | ||
(b) The proceeds from the sale of a firearm under this | ||
article shall be paid to the owner of the firearm, less the cost of | ||
administering this article and, if applicable, Article 68.05 with | ||
respect to the firearm. | ||
(c) An unclaimed firearm that is surrendered as provided by | ||
this chapter may not be destroyed or forfeited to the state. | ||
Art. 68.07. FORM OF AFFIDAVIT. The Office of Court | ||
Administration of the Texas Judicial System shall adopt a model | ||
affidavit for purposes of Article 68.04. | ||
SECTION 2. Article 7A.06(a), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(a) Each protective order issued under this chapter, | ||
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." | ||
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 FAMILY VIOLENCE OR A STALKING OR TRAFFICKING OFFENSE MAY | ||
BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE, AS | ||
APPLICABLE. 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." | ||
"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 68.01(1), Code of Criminal Procedure, | ||
as added by this Act, on or after January 1, 2020, or who is the | ||
subject of an order described by Article 68.01(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, | ||
2020, 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 68.07, | ||
Code of Criminal Procedure, as added by this Act, not later than | ||
December 1, 2019. | ||
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, 2020. 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, 2019. |