Bill Text: TX HB210 | 2021-2022 | 87th 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 family violence protective order to surrender firearms owned by the person.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-25 - Referred to Homeland Security & Public Safety [HB210 Detail]
Download: Texas-2021-HB210-Introduced.html
| 87R1399 LHC-D | ||
| By: Meza | H.B. No. 210 | |
|
|
||
|
|
||
| relating to requiring a person convicted of an offense involving | ||
| family violence or a person who is the subject of a family violence | ||
| 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 an offense involving family | ||
| violence, as defined by Section 71.004, Family Code; | ||
| (2) is the subject of a protective order under Chapter | ||
| 85, Family Code; or | ||
| (3) is the subject of a magistrate's order for | ||
| emergency protection under Article 17.292 following an arrest for | ||
| an offense involving family violence. | ||
| 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) or (3), 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 seventh 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) regardless of the reason for which the person is | ||
| required to surrender the firearm, releasing the firearm to the | ||
| person's designee, if the designee provides to the court of | ||
| conviction or the court issuing the order, as applicable, a signed | ||
| affidavit affirming that the designee: | ||
| (A) may lawfully possess a firearm under 18 | ||
| U.S.C. Section 922(g) and under the law of this state; and | ||
| (B) has taken possession of the firearm; | ||
| (2) selling the firearm to a person who is a licensed | ||
| firearms dealer under 18 U.S.C. Section 923, regardless of the | ||
| reason for which the person is required to surrender the firearm; | ||
| (3) 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); or | ||
| (4) 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(3) 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 the person: | ||
| (1) may not lawfully possess a firearm under 18 U.S.C. | ||
| Section 922(g) or under the law of this state; and | ||
| (2) may dispose of the firearm by releasing the | ||
| firearm to: | ||
| (A) the person's designee if: | ||
| (i) the person requests that disposition | ||
| before the 121st day after the date of the notice; and | ||
| (ii) the designee provides to the law | ||
| enforcement agency a signed affidavit affirming that the designee | ||
| may lawfully possess a firearm under 18 U.S.C. Section 922(g) and | ||
| under the law of this state; or | ||
| (B) the law enforcement agency holding the | ||
| firearm, for disposition 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 firearm was surrendered under Article 68.03(3) | ||
| and the person who surrendered the firearm did not respond to notice | ||
| under Article 68.05(e) or (f) before the 121st day after the date of | ||
| the notice; or | ||
| (2) the firearm was surrendered under Article | ||
| 68.03(4). | ||
| (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 AFFIDAVITS. The Office of Court | ||
| Administration of the Texas Judicial System shall adopt model | ||
| affidavits for purposes of Articles 68.03, 68.04, and 68.05. | ||
| SECTION 2. (a) The change in law made 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, 2022, or who is the subject of an order described | ||
| by Article 68.01(2) or (3), 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, 2022, 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 affidavits required by Article 68.07, | ||
| Code of Criminal Procedure, as added by this Act, not later than | ||
| December 1, 2021. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
