Bill Text: TX HB229 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to reporting certain orders and convictions to the Department of Public Safety.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-02-25 - Referred to Homeland Security & Public Safety [HB229 Detail]

Download: Texas-2021-HB229-Introduced.html
  87R1408 JSC-D
 
  By: Meza H.B. No. 229
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to reporting certain orders and convictions to the
  Department of Public Safety.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 7B, Code of Criminal
  Procedure, is amended by adding Article 7B.0085 to read as follows:
         Art. 7B.0085.  REPORTING. For an original or modified
  protective order issued under this subchapter, on receipt of the
  order from the clerk of the court, a law enforcement agency shall
  immediately, but not later than 48 hours after the order is
  received, enter the information required by Section 411.042(b)(6),
  Government Code, into the statewide law enforcement information
  system maintained by the Department of Public Safety.
         SECTION 2.  Subchapter B, Chapter 7B, Code of Criminal
  Procedure, is amended by adding Article 7B.054 to read as follows:
         Art. 7B.054.  REPORTING. For an original or modified
  protective order issued under this subchapter, on receipt of the
  order from the clerk of the court, a law enforcement agency shall
  immediately, but not later than 48 hours after the order is
  received, enter the information required by Section 411.042(b)(6),
  Government Code, into the statewide law enforcement information
  system maintained by the Department of Public Safety.
         SECTION 3.  Article 17.292(k), Code of Criminal Procedure,
  is amended to read as follows:
         (k)  To ensure that an officer responding to a call is aware
  of the existence and terms of an order for emergency protection
  issued under this article, not later than 48 hours [the third
  business day] after the [date of] receipt of the copy of the order
  by the applicable law enforcement agency with jurisdiction over the
  municipality or county in which the victim resides, the law
  enforcement agency shall enter the information required by [under]
  Section 411.042(b)(6), Government Code, into the statewide law
  enforcement information system maintained by the Department of
  Public Safety.
         SECTION 4.  Article 66.252, Code of Criminal Procedure, is
  amended by amending Subsection (d) and adding Subsection (d-1) to
  read as follows:
         (d)  Except as provided by Subsection (d-1) or (e) or as
  otherwise required by applicable state law or rule, information or
  data required by this chapter to be reported to the Department of
  Public Safety or the Texas Department of Criminal Justice shall be
  reported promptly but not later than the 30th day after the date on
  which the information or data is received by the agency responsible
  for reporting it.
         (d-1)  A conviction that would prohibit a person from
  possessing a firearm under state or federal law shall be reported to
  the Department of Public Safety not later than 48 hours after the
  judgment of conviction is entered.
         SECTION 5.  Section 86.0011, Family Code, is amended to read
  as follows:
         Sec. 86.0011.  DUTY TO ENTER INFORMATION INTO STATEWIDE LAW
  ENFORCEMENT INFORMATION SYSTEM. [(a)] On receipt of an original or
  modified protective order from the clerk of the issuing court, a law
  enforcement agency shall immediately, but not later than 48 hours
  [the third business day] after [the date] the order is received,
  enter the information required by Section 411.042(b)(6),
  Government Code, into the statewide law enforcement information
  system maintained by the Department of Public Safety.
         [(b)  In this section, "business day" means a day other than
  a Saturday, Sunday, or state or national holiday.]
         SECTION 6.  The change in law made by this Act applies only
  to a protective order, magistrate's order for emergency protection,
  or judgment of conviction entered on or after the effective date of
  this Act.
         SECTION 7.  This Act takes effect September 1, 2021.
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