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A BILL TO BE ENTITLED
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AN ACT
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relating to regulating certain firearm transfers, possession of |
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certain firearms, and protective orders prohibiting possession of a |
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firearm; creating criminal offenses; increasing criminal |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. GENERAL PROVISIONS |
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SECTION 1.01. SHORT TITLE. This Act shall be known as the |
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Robb Elementary Firearm Safety Act. |
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SECTION 1.02. PURPOSE. The purpose of this Act is to ensure |
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the State of Texas is meeting its responsibility to protect the |
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health and safety of all Texans by enacting common sense, |
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evidence-based firearm safety laws. Texans deserve to live free |
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from the threat and fear of firearm violence. |
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SECTION 1.03. FINDINGS. The legislature finds that: |
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(1) the State of Texas mourns the loss of 19 innocent |
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children and two teachers in a senseless attack on Robb Elementary |
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School in Uvalde, Texas, on May 24, 2022; |
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(2) the shooting at Robb Elementary School is the |
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second deadliest school shooting in the history of the United |
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States; |
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(3) the victims of the attack are Makenna Lee Elrod, |
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10; Layla Salazar, 11; Maranda Mathis, 11; Nevaeh Bravo, 10; Jose |
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Manuel Flores, Jr., 10; Xavier Lopez, 10; Tess Marie Mata, 10; |
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Rojelio Torres, 10; Eliahna "Ellie" Amyah Garcia, 9; Eliahna |
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A. Torres, 10; Annabell Guadalupe Rodriguez, 10; Jackie Cazares, 9; |
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Uziyah Garcia, 10; Jayce Carmelo Luevanos, 10; Maite Yuleana |
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Rodriguez, 10; Jailah Nicole Silguero, 10; Amerie Jo Garza, 10; |
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Alexandria "Lexi" Aniyah Rubio, 10; Alithia Ramirez, 10; Irma |
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Garcia, fourth grade teacher; and Eva Mireles, fourth grade |
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teacher; |
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(4) three of the ten deadliest mass shootings in |
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modern United States history have occurred in Texas in the past five |
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years; |
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(5) the following mass shootings have occurred in |
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Texas: |
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(A) 26 people were killed in Sutherland Springs, |
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Texas, in 2017; |
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(B) 23 people were killed in Killeen, Texas, in |
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1991; |
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(C) 23 people were killed in El Paso, Texas, in |
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2019; |
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(D) 21 people were killed in Uvalde, Texas, in |
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2022; |
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(E) 17 people were killed at The University of |
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Texas at Austin in 1966; |
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(F) 13 people were killed in Killeen, Texas, in |
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2009; and |
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(G) 10 people were killed in Santa Fe, Texas, in |
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2018; |
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(6) firearm homicide rates for children under 18 have |
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more than doubled in Texas between 2014 and 2020; |
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(7) from 2015 to 2020, Texas lost 572 children to |
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firearm homicides, more than any other state; and |
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(8) overall firearm homicide rates in Texas have |
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increased 66 percent from 2014 to 2020. |
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ARTICLE 2. UNLAWFUL POSSESSION AND TRANSFER OF CERTAIN ASSAULT |
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WEAPONS |
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SECTION 2.01. Chapter 46, Penal Code, is amended by adding |
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Section 46.055 to read as follows: |
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Sec. 46.055. UNLAWFUL POSSESSION OF ASSAULT WEAPON. (a) In |
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this section, "assault weapon" means: |
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(1) a semiautomatic centerfire rifle that has the |
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capacity to accept a detachable magazine and has: |
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(A) a pistol grip that protrudes conspicuously |
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beneath the action of the firearm; |
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(B) a folding or telescoping stock; |
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(C) a thumbhole stock; |
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(D) a second handgrip or a protruding grip that |
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can be held by the non-trigger hand; |
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(E) a flash suppressor; or |
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(F) a grenade launcher or flare launcher; |
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(2) a semiautomatic centerfire rifle that has a fixed |
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magazine that holds more than 10 rounds of ammunition; |
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(3) a semiautomatic centerfire rifle that has an |
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overall length of less than 30 inches; |
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(4) a semiautomatic shotgun that has the capacity to |
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accept a detachable magazine; |
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(5) a semiautomatic shotgun that has a folding or |
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telescoping stock and has: |
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(A) a thumbhole stock; or |
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(B) a second handgrip or a protruding grip that |
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can be held by the non-trigger hand; |
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(6) a semiautomatic pistol that has the capacity to |
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accept a detachable magazine and has: |
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(A) a second handgrip or a protruding grip that |
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can be held by the non-trigger hand; |
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(B) an ammunition magazine that attaches to the |
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pistol outside of the pistol grip; |
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(C) a threaded barrel capable of accepting a |
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flash suppressor, forward handgrip, or silencer; or |
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(D) a shroud that is attached to or partially or |
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completely encircles the barrel and that permits the shooter to |
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hold the firearm with the non-trigger hand without being burned; |
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(7) a semiautomatic pistol that has a fixed magazine |
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that holds more than 10 rounds of ammunition; |
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(8) a revolving cylinder shotgun; or |
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(9) a conversion kit, part, or combination of parts |
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from which an assault weapon can be assembled or with which a |
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firearm may be converted into a weapon described by Subdivision |
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(1), (2), (3), (4), (5), (6), (7), or (8). |
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(b) A person who is younger than 21 years of age commits an |
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offense if the person knowingly possesses an assault weapon. |
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(c) An offense under this section is a state jail felony. |
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(d) It is a defense to prosecution under this section that: |
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(1) the actor possessed the assault weapon for the |
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actual discharge of official duties as: |
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(A) a peace officer, as defined by Section 1.07; |
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or |
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(B) a member of the armed forces or state |
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military forces, as defined by Section 431.001, Government Code; or |
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(2) the actor lawfully possessed the assault weapon on |
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August 31, 2023. |
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(e) This section does not apply to an assault weapon that |
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has been rendered permanently inoperable. |
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(f) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2.02. Section 46.06, Penal Code, is amended by |
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amending Subsections (a), (c), and (d) and adding Subsections (c-1) |
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and (e) to read as follows: |
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(a) A person commits an offense if the person: |
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(1) sells, rents, leases, loans, or gives a handgun to |
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any person knowing that the person to whom the handgun is to be |
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delivered intends to use it unlawfully or in the commission of an |
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unlawful act; |
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(2) intentionally or knowingly sells, rents, leases, |
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or gives or offers to sell, rent, lease, or give: |
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(A) a [to any child younger than 18 years of age |
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any firearm,] club, [or] location-restricted knife, or firearm |
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other than an assault weapon to a person younger than 18 years of |
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age; or |
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(B) an assault weapon to a person younger than 21 |
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years of age; |
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(3) intentionally, knowingly, or recklessly sells a |
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firearm or ammunition for a firearm to any person who is |
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intoxicated; |
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(4) knowingly sells a firearm or ammunition for a |
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firearm to any person who has been convicted of a felony before the |
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fifth anniversary of the later of the following dates: |
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(A) the person's release from confinement |
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following conviction of the felony; or |
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(B) the person's release from supervision under |
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community supervision, parole, or mandatory supervision following |
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conviction of the felony; |
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(5) sells, rents, leases, loans, or gives a firearm |
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[handgun] to any person knowing that an active protective order is |
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directed to the person to whom the firearm [handgun] is to be |
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delivered; |
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(6) knowingly purchases, rents, leases, or receives as |
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a loan or gift from another a firearm [handgun] while an active |
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protective order is directed to the actor; or |
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(7) while prohibited from possessing a firearm under |
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state or federal law, knowingly makes a material false statement on |
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a form that is: |
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(A) required by state or federal law for the |
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purchase, sale, or other transfer of a firearm; and |
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(B) submitted to a [licensed] firearms dealer |
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licensed under [, as defined by] 18 U.S.C. Section 923. |
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(c) It is an affirmative defense to prosecution under |
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Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor |
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whose parent or the person having legal custody of the minor had |
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given written permission for the sale or, if the transfer was other |
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than a sale, the parent or person having legal custody had given |
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effective consent. |
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(c-1) It is a defense to prosecution under Subsection |
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(a)(2)(B), (a)(5), or (a)(6) that the transfer was to a person who |
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provided evidence to the actor that the person is: |
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(1) a peace officer, as defined by Section 1.07; or |
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(2) a member of the armed forces or state military |
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forces, as defined by Section 431.001, Government Code. |
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(d) An offense under this section is a Class A misdemeanor, |
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except that: |
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(1) an offense under Subsection (a)(2)(A) [(a)(2)] is |
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a state jail felony if the weapon that is the subject of the offense |
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is a handgun; [and] |
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(2) an offense under Subsection (a)(2)(B) or (a)(7) is |
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a state jail felony; and |
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(3) an offense under Subsection (a)(5) or (a)(6) is a |
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state jail felony if the weapon that is the subject of the offense |
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is an assault weapon. |
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(e) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2.03. Section 46.06(b), Penal Code, is amended by |
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adding Subdivision (3) to read as follows: |
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(3) "Assault weapon" has the meaning assigned by |
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Section 46.055. |
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SECTION 2.04. The change in law made by this article applies |
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only to an offense committed on or after the effective date of this |
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Act. An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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ARTICLE 3. REGULATION OF FIREARM TRANSFERS |
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SECTION 3.01. Title 6, Business & Commerce Code, is amended |
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by adding Chapter 205 to read as follows: |
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CHAPTER 205. REGULATION OF FIREARM TRANSFERS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 205.001. DEFINITIONS. In this chapter: |
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(1) "Firearm" has the meaning assigned by Section |
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46.01, Penal Code. |
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(2) "Licensed firearms dealer" means a person who is |
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licensed as a firearms dealer under 18 U.S.C. Section 923. |
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SUBCHAPTER B. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR |
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PRIVATE FIREARM TRANSFERS |
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Sec. 205.051. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK |
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REQUIRED FOR PRIVATE TRANSFER OF FIREARM. A person may not sell or |
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otherwise transfer a firearm to another person unless: |
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(1) the person is a licensed firearms dealer; |
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(2) the person sells or transfers the firearm to a |
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licensed firearms dealer; or |
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(3) before the firearm is delivered to the person to |
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whom the firearm is being sold or transferred, the person selling or |
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transferring the firearm delivers the firearm to a licensed |
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firearms dealer to retain possession of the firearm until the |
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dealer conducts a national instant criminal background check in the |
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manner required by 18 U.S.C. Section 922 and verifies that the |
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person to whom the firearm is being sold or transferred may lawfully |
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possess a firearm. |
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Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a |
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licensed firearms dealer receives a firearm under Section |
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205.051(3), the dealer shall conduct a national instant criminal |
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background check in the manner required by 18 U.S.C. Section 922 to |
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verify that the person to whom the firearm is being sold or |
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transferred may lawfully possess a firearm. |
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(b) If a licensed firearms dealer determines that the person |
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to whom the firearm is being sold or transferred may not lawfully |
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possess a firearm, the dealer shall return the firearm to the person |
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selling or transferring the firearm. |
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(c) If a licensed firearms dealer determines that the person |
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to whom the firearm is being sold or transferred may lawfully |
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possess a firearm, the dealer shall transfer the firearm as |
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directed by the person selling or transferring the firearm. |
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(d) A licensed firearms dealer to whom a firearm is |
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delivered under Section 205.051(3) may collect a reasonable fee |
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from the person who is selling or transferring the firearm. |
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Sec. 205.053. EXCEPTION. This subchapter does not apply |
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to: |
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(1) a transfer of a firearm to a person by inheritance |
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or bequest on the death of the owner of the firearm; or |
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(2) a sale or other transfer of a firearm by the owner |
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of the firearm if the transferor and the transferee are related |
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within the third degree by consanguinity or within the second |
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degree by affinity as determined under Chapter 573, Government |
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Code. |
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Sec. 205.054. OFFENSE. (a) A person who violates this |
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subchapter commits an offense. |
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(b) An offense under this section is a Class A misdemeanor. |
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(c) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SUBCHAPTER C. REQUIREMENTS FOR CERTAIN FIREARM SALES BY LICENSED |
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FIREARMS DEALERS |
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Sec. 205.101. WAITING PERIOD REQUIRED FOR CERTAIN SALES OF |
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FIREARMS; OFFENSE. (a) A licensed firearms dealer who sells a |
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firearm to a person in exchange for money or other consideration |
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commits an offense if the licensed firearms dealer delivers the |
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firearm to the person to whom the firearm is being sold before the |
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later of: |
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(1) the third business day after the date on which the |
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firearm was sold to the person; or |
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(2) the date on which the licensed firearms dealer |
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verifies, by conducting a national instant criminal background |
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check in the manner required by 18 U.S.C. Section 922, that the |
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person to whom the firearm is being sold may lawfully possess a |
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firearm. |
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(b) This section does not apply to the sale of a firearm to a |
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person who is: |
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(1) a peace officer, as defined by Section 1.07, Penal |
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Code; or |
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(2) a member of the armed forces or state military |
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forces, as defined by Section 431.001, Government Code. |
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(c) An offense under this section is a state jail felony. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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(e) A licensed firearms dealer shall make records of firearm |
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sales available for inspection by a law enforcement agency during |
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regular business hours. |
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ARTICLE 4. PROTECTIVE ORDERS |
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SECTION 4.01. Article 7B.005(a), Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) In a protective order issued under this subchapter, the |
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court may: |
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(1) order the alleged offender to take action as |
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specified by the court that the court determines is necessary or |
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appropriate to prevent or reduce the likelihood of future harm to |
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the applicant or a member of the applicant's family or household; or |
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(2) prohibit the alleged offender from: |
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(A) communicating: |
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(i) directly or indirectly with the |
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applicant or any member of the applicant's family or household in a |
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threatening or harassing manner; or |
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(ii) in any manner with the applicant or any |
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member of the applicant's family or household except through the |
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applicant's attorney or a person appointed by the court, if the |
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court finds good cause for the prohibition; |
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(B) going to or near the residence, place of |
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employment or business, or child-care facility or school of the |
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applicant or any member of the applicant's family or household; |
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(C) engaging in conduct directed specifically |
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toward the applicant or any member of the applicant's family or |
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household, including following the person, that is reasonably |
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likely to harass, annoy, alarm, abuse, torment, or embarrass the |
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person; and |
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(D) possessing a firearm, unless the alleged |
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offender possesses the firearm for the actual discharge of the |
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alleged offender's official duties as: |
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(i) [is] a peace officer, as defined by |
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Section 1.07, Penal Code; or |
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(ii) a member of the armed forces or state |
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military forces, as defined by Section 431.001, Government Code[, |
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actively engaged in employment as a sworn, full-time paid employee |
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of a state agency or political subdivision]. |
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SECTION 4.02. Article 7B.006(a), Code of Criminal |
|
Procedure, is amended to read as follows: |
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(a) Each protective order issued under this subchapter, |
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including a temporary ex parte order, must contain the following |
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prominently displayed statements in boldfaced type, in capital |
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letters, or underlined: |
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"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR |
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CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN |
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JAIL FOR AS LONG AS SIX MONTHS, OR BOTH." |
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"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS |
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ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY |
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PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS |
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VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT |
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UNLESS A COURT CHANGES THE ORDER." |
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"IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE |
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ORDER TO POSSESS A FIREARM OR AMMUNITION, OTHER THAN A PERSON WHO |
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POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF THE PERSON'S |
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OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY SECTION 1.07, |
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PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR STATE MILITARY |
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FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT CODE [ACTIVELY |
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ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE |
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AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE |
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ORDER TO POSSESS A FIREARM OR AMMUNITION]." |
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SECTION 4.03. Chapter 7B, Code of Criminal Procedure, is |
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amended by adding Subchapter D to read as follows: |
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SUBCHAPTER D. EXTREME RISK PROTECTIVE ORDER |
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Art. 7B.151. DEFINITIONS. In this subchapter: |
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(1) "Bodily injury" and "serious bodily injury" have |
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the meanings assigned by Section 1.07, Penal Code. |
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(2) "Family," "family violence," and "household" have |
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the meanings assigned by Chapter 71, Family Code. |
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(3) "Firearm" has the meaning assigned by Section |
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46.01, Penal Code. |
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Art. 7B.152. APPLICATION FOR EXTREME RISK PROTECTIVE ORDER. |
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(a) An application for a protective order under this subchapter may |
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be filed by: |
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(1) a member of the respondent's family or household; |
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(2) a parent, guardian, or conservator of a person who |
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is: |
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(A) under 18 years of age; and |
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(B) a member of the respondent's family or |
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household; or |
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(3) a peace officer. |
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(b) An application must: |
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(1) include: |
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(A) detailed allegations, based on personal |
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knowledge of a person described by Subsection (a), regarding any |
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dangerous behavior or conduct exhibited by the respondent, |
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including any behavior or conduct related to the respondent's use |
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of firearms; |
|
(B) information concerning the quantity, type, |
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and location of any firearms the applicant believes to be in the |
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respondent's possession or control, if any; |
|
(C) any other relevant facts indicating a need |
|
for a protective order under this subchapter; and |
|
(D) a statement that the applicant believes the |
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respondent poses an immediate and present danger of causing bodily |
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injury, serious bodily injury, or death to any person, including |
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the respondent, as a result of the respondent's access to firearms; |
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and |
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(2) be signed by the applicant under an oath that, to |
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the knowledge and belief of the applicant, the facts and |
|
circumstances contained in the application are true. |
|
(c) An application for a protective order under this |
|
subchapter may be filed in a district court, juvenile court having |
|
the jurisdiction of a district court, statutory county court, or |
|
constitutional county court in the county in which the applicant or |
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the respondent resides. |
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Art. 7B.153. CONFIDENTIALITY OF CERTAIN INFORMATION. On |
|
receiving an application containing specific health information |
|
concerning the respondent, the court shall order the clerk to: |
|
(1) strike the information from the public records of |
|
the court; and |
|
(2) maintain a confidential record of the information |
|
for use only by the court. |
|
Art. 7B.154. TEMPORARY EX PARTE ORDER. (a) If the court |
|
finds from the information contained in an application for a |
|
protective order under this subchapter that there is reasonable |
|
cause to believe that the respondent poses an immediate and present |
|
danger of causing bodily injury, serious bodily injury, or death to |
|
any person, including the respondent, as a result of the |
|
respondent's access to firearms, the court, without further notice |
|
to the respondent and without a hearing, may issue a temporary ex |
|
parte order prohibiting the respondent from purchasing, owning, |
|
possessing, or controlling a firearm. |
|
(b) In a temporary ex parte order, the court may order the |
|
respondent to: |
|
(1) not later than 24 hours after the time the order is |
|
issued, relinquish any firearms owned by or in the actual or |
|
constructive possession or control of the respondent to a law |
|
enforcement agency for holding in the manner provided by Article |
|
18.192; and |
|
(2) if applicable, surrender to the court the |
|
respondent's license to carry a handgun issued under Subchapter H, |
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Chapter 411, Government Code. |
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Art. 7B.155. HEARING; ISSUANCE OF PROTECTIVE ORDER. (a) |
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Not later than the 14th day after the later of the date an |
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application is filed or the date a temporary ex parte order is |
|
issued, the court shall hold a hearing on the issuance of the |
|
protective order. |
|
(b) The court shall provide personal notice of the hearing |
|
to the respondent. |
|
(c) In determining whether to issue a protective order under |
|
this article, the court: |
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(1) shall consider: |
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(A) any history of threats or acts of violence by |
|
the respondent directed at any person, including the respondent; |
|
(B) any history of the respondent using, |
|
attempting to use, or threatening to use physical force against |
|
another person; |
|
(C) any recent violation by the respondent of an |
|
order issued: |
|
(i) under another provision of Chapter 7B |
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or under Article 17.292; |
|
(ii) under Section 6.504 or Chapter 85, |
|
Family Code; |
|
(iii) under Chapter 83, Family Code, if the |
|
temporary ex parte order has been served on the respondent; or |
|
(iv) by another jurisdiction as provided by |
|
Chapter 88, Family Code; |
|
(D) any arrest or conviction of the respondent |
|
for: |
|
(i) an offense under Section 42.072, Penal |
|
Code; or |
|
(ii) an offense involving violence, |
|
including family violence; |
|
(E) any conviction of the respondent for an |
|
offense under Section 42.09, 42.091, or 42.092, Penal Code; and |
|
(F) evidence related to the respondent's current |
|
or recent abuse of a controlled substance or alcohol, not including |
|
any evidence of previous treatment for or recovery from abusing a |
|
controlled substance or alcohol; and |
|
(2) may consider any other relevant factor including: |
|
(A) any previous violation by the respondent of |
|
an order described by Subdivision (1)(C); and |
|
(B) evidence regarding the respondent's recent |
|
acquisition of firearms, ammunition, or other deadly weapons. |
|
(d) At the close of the hearing, if the court finds by clear |
|
and convincing evidence that the respondent poses an immediate and |
|
present danger of causing bodily injury, serious bodily injury, or |
|
death to any person, including the respondent, as a result of the |
|
respondent's access to firearms, the court shall issue a protective |
|
order that includes a statement of the required finding. |
|
(e) If the court does not make the finding described by |
|
Subsection (d), the court shall, as applicable, rescind any |
|
temporary ex parte order issued under Article 7B.154 and return the |
|
respondent's license to carry a handgun. |
|
Art. 7B.156. CONTENTS OF PROTECTIVE ORDER. In a protective |
|
order issued under Article 7B.155, the court shall: |
|
(1) prohibit the person who is subject to the order |
|
from purchasing, owning, possessing, or controlling a firearm for |
|
the duration of the order; |
|
(2) order the person to: |
|
(A) not later than 24 hours after the time the |
|
order is issued, relinquish any firearms owned by or in the actual |
|
or constructive possession or control of the person to a law |
|
enforcement agency for holding in the manner provided by Article |
|
18.192; and |
|
(B) if applicable, surrender to the court the |
|
person's license to carry a handgun issued under Subchapter H, |
|
Chapter 411, Government Code; and |
|
(3) suspend a license to carry a handgun issued under |
|
Subchapter H, Chapter 411, Government Code, that is held by the |
|
person. |
|
Art. 7B.157. DURATION OF PROTECTIVE ORDER. (a) A |
|
protective order issued under Article 7B.155 is effective until the |
|
first anniversary of the date the order was issued. |
|
(b) The court may renew a protective order issued under |
|
Article 7B.155 for a period not to exceed one year after the order's |
|
original expiration date. Before renewing the order the court must |
|
hold a hearing after providing personal notice of the hearing to the |
|
person who is the subject of the order. |
|
(c) A person who is the subject of a protective order may |
|
file a motion not earlier than the 91st day after the date on which |
|
the order was initially issued or renewed, as applicable, |
|
requesting that the court review the order and determine whether |
|
there is a continuing need for the order. After a hearing on the |
|
motion, if the court fails to make the finding that there is no |
|
continuing need for the order, the order remains in effect until the |
|
date the order expires as provided by this article. |
|
(d) At a hearing to renew or rescind a protective order |
|
under this article, the court shall consider the factors described |
|
by Article 7B.155(c). |
|
Art. 7B.158. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. (a) |
|
Not later than 24 hours after the time a protective order is issued |
|
under Article 7B.155, the clerk of the issuing court shall provide |
|
the following to the Department of Public Safety: |
|
(1) the complete name, race, and sex of the person who |
|
is the subject of the order; |
|
(2) any known identifying number of the person, |
|
including a social security number, driver's license number, or |
|
state identification number; |
|
(3) the person's date of birth; |
|
(4) if surrendered to the court, the person's license |
|
to carry a handgun issued under Subchapter H, Chapter 411, |
|
Government Code; and |
|
(5) a copy of the order suspending the person's license |
|
to carry a handgun under Subchapter H, Chapter 411, Government |
|
Code. |
|
(b) On receipt of an order suspending a license to carry a |
|
handgun, the department shall: |
|
(1) record the suspension of the license in the |
|
records of the department; |
|
(2) report the suspension to local law enforcement |
|
agencies, as appropriate; and |
|
(3) if the license was not surrendered to the court, |
|
demand surrender of the suspended license from the license holder. |
|
(c) Not later than the 30th day after the date the |
|
protective order is rescinded or expires under Article 7B.157, the |
|
clerk of the issuing court shall notify the Department of Public |
|
Safety of the rescission or expiration, as applicable. |
|
Art. 7B.159. APPLICATION OF OTHER LAW. To the extent |
|
applicable, except as otherwise provided by this subchapter, Title |
|
4, Family Code, applies to a protective order issued under this |
|
subchapter. |
|
SECTION 4.04. Articles 17.292(c) and (g), Code of Criminal |
|
Procedure, are amended to read as follows: |
|
(c) The magistrate in the order for emergency protection may |
|
prohibit the arrested party from: |
|
(1) committing: |
|
(A) family violence or an assault on the person |
|
protected under the order; or |
|
(B) an act in furtherance of an offense under |
|
Section 20A.02 or 42.072, Penal Code; |
|
(2) communicating: |
|
(A) directly with a member of the family or |
|
household or with the person protected under the order in a |
|
threatening or harassing manner; |
|
(B) a threat through any person to a member of the |
|
family or household or to the person protected under the order; or |
|
(C) if the magistrate finds good cause, in any |
|
manner with a person protected under the order or a member of the |
|
family or household of a person protected under the order, except |
|
through the party's attorney or a person appointed by the court; |
|
(3) going to or near: |
|
(A) the residence, place of employment, or |
|
business of a member of the family or household or of the person |
|
protected under the order; or |
|
(B) the residence, child care facility, or school |
|
where a child protected under the order resides or attends; or |
|
(4) possessing a firearm, unless the person possesses |
|
the firearm for the actual discharge of the person's official |
|
duties as: |
|
(A) [is] a peace officer, as defined by Section |
|
1.07, Penal Code; or |
|
(B) a member of the armed forces or state |
|
military forces, as defined by Section 431.001, Government Code [, |
|
actively engaged in employment as a sworn, full-time paid employee |
|
of a state agency or political subdivision]. |
|
(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 PERSON WHO POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF |
|
THE PERSON'S OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY |
|
SECTION 1.07, PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR |
|
STATE MILITARY FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT |
|
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. |
|
"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 4.05. Chapter 18, Code of Criminal Procedure, is |
|
amended by adding Article 18.192 to read as follows: |
|
Art. 18.192. HOLDING AND DISPOSITION OF FIREARM |
|
RELINQUISHED UNDER EXTREME RISK PROTECTIVE ORDER. (a) A law |
|
enforcement officer who takes possession of a firearm from a person |
|
who is the subject of an extreme risk protective order issued under |
|
Subchapter D, Chapter 7B, shall immediately provide the person a |
|
written copy of the receipt for the firearm and a written notice of |
|
the procedure for the return of a firearm under this article. |
|
(b) Not later than the seventh day after the date a firearm |
|
subject to disposition under this article is received, the law |
|
enforcement agency holding the firearm shall notify the court that |
|
issued the extreme risk protective order that the person who is the |
|
subject of the order has relinquished the firearm. |
|
(c) Not later than the 30th day after the date the extreme |
|
risk protective order is rescinded or expires, the clerk of the |
|
court shall notify the law enforcement agency of the rescission or |
|
expiration. |
|
(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), 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 the person |
|
submits a written request before the 121st day after the date of the |
|
notice. |
|
(f) An unclaimed firearm that is received under an extreme |
|
risk protective order issued under Subchapter D, Chapter 7B, may |
|
not be destroyed or forfeited to the state. |
|
(g) The law enforcement agency holding the firearm may |
|
provide for the firearm to be sold by a firearms dealer licensed |
|
under 18 U.S.C. Section 923 if: |
|
(1) the check conducted under Subsection (d) shows |
|
that the person may not lawfully possess a firearm; or |
|
(2) the notice is provided under Subsection (e) and |
|
the person does not submit, before the 121st day after the date of |
|
the notice, a written request for the return of the firearm. |
|
(h) The proceeds from the sale of a firearm under this |
|
article shall be paid to the owner of the seized firearm, less the |
|
cost of administering this article with respect to the firearm. |
|
SECTION 4.06. Section 85.022(b), Family Code, is amended to |
|
read as follows: |
|
(b) In a protective order, the court may prohibit the person |
|
found to have committed family violence from: |
|
(1) committing family violence; |
|
(2) communicating: |
|
(A) directly with a person protected by an order |
|
or a member of the family or household of a person protected by an |
|
order, in a threatening or harassing manner; |
|
(B) a threat through any person to a person |
|
protected by an order or a member of the family or household of a |
|
person protected by an order; and |
|
(C) if the court finds good cause, in any manner |
|
with a person protected by an order or a member of the family or |
|
household of a person protected by an order, except through the |
|
party's attorney or a person appointed by the court; |
|
(3) going to or near the residence or place of |
|
employment or business of a person protected by an order or a member |
|
of the family or household of a person protected by an order; |
|
(4) going to or near the residence, child-care |
|
facility, or school a child protected under the order normally |
|
attends or in which the child normally resides; |
|
(5) engaging in conduct directed specifically toward a |
|
person who is a person protected by an order or a member of the |
|
family or household of a person protected by an order, including |
|
following the person, that is reasonably likely to harass, annoy, |
|
alarm, abuse, torment, or embarrass the person; |
|
(6) possessing a firearm, unless the person possesses |
|
the firearm for the actual discharge of the person's official |
|
duties as: |
|
(A) [is] a peace officer, as defined by Section |
|
1.07, Penal Code; or |
|
(B) a member of the armed forces or state |
|
military forces, as defined by Section 431.001, Government Code [, |
|
actively engaged in employment as a sworn, full-time paid employee |
|
of a state agency or political subdivision]; and |
|
(7) harming, threatening, or interfering with the |
|
care, custody, or control of a pet, companion animal, or assistance |
|
animal, as defined by Section 121.002, Human Resources Code, that |
|
is possessed by or is in the actual or constructive care of a person |
|
protected by an order or by a member of the family or household of a |
|
person protected by an order. |
|
SECTION 4.07. 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 WHO IS SUBJECT TO A PROTECTIVE |
|
ORDER TO POSSESS A FIREARM OR AMMUNITION, OTHER THAN A PERSON WHO |
|
POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF THE PERSON'S |
|
OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY SECTION 1.07, |
|
PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR STATE MILITARY |
|
FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT 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]." |
|
"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 4.08. Subchapter D, Chapter 411, Government Code, |
|
is amended by adding Section 411.0522 to read as follows: |
|
Sec. 411.0522. INFORMATION CONCERNING EXTREME RISK |
|
PROTECTIVE ORDER. (a) The department by rule shall establish a |
|
procedure to provide information concerning a person who is the |
|
subject of an extreme risk protective order to the Federal Bureau of |
|
Investigation for inclusion in the National Instant Criminal |
|
Background Check System. |
|
(b) The procedure must require the department to provide any |
|
information received under Article 7B.158, Code of Criminal |
|
Procedure, to the Federal Bureau of Investigation not later than 24 |
|
hours after the time the department received the information. |
|
SECTION 4.09. Section 411.172(a), Government Code, is |
|
amended to read as follows: |
|
(a) A person is eligible for a license to carry a handgun if |
|
the person: |
|
(1) is a legal resident of this state for the six-month |
|
period preceding the date of application under this subchapter or |
|
is otherwise eligible for a license under Section 411.173(a); |
|
(2) is at least 21 years of age; |
|
(3) has not been convicted of a felony; |
|
(4) is not charged with the commission of a Class A or |
|
Class B misdemeanor or equivalent offense, or of an offense under |
|
Section 42.01, Penal Code, or equivalent offense, or of a felony |
|
under an information or indictment; |
|
(5) is not a fugitive from justice for a felony or a |
|
Class A or Class B misdemeanor or equivalent offense; |
|
(6) is not a chemically dependent person; |
|
(7) is not incapable of exercising sound judgment with |
|
respect to the proper use and storage of a handgun; |
|
(8) has not, in the five years preceding the date of |
|
application, been convicted of a Class A or Class B misdemeanor or |
|
equivalent offense or of an offense under Section 42.01, Penal |
|
Code, or equivalent offense; |
|
(9) is fully qualified under applicable federal and |
|
state law to purchase a handgun; |
|
(10) has not been finally determined to be delinquent |
|
in making a child support payment administered or collected by the |
|
attorney general; |
|
(11) has not been finally determined to be delinquent |
|
in the payment of a tax or other money collected by the comptroller, |
|
the tax collector of a political subdivision of the state, or any |
|
agency or subdivision of the state; |
|
(12) is not currently: |
|
(A) restricted under a court protective order, |
|
including an extreme risk protective order issued under Subchapter |
|
D, Chapter 7B, Code of Criminal Procedure; or |
|
(B) subject to a restraining order affecting the |
|
spousal relationship, other than a restraining order solely |
|
affecting property interests; |
|
(13) has not, in the 10 years preceding the date of |
|
application, been adjudicated as having engaged in delinquent |
|
conduct violating a penal law of the grade of felony; and |
|
(14) has not made any material misrepresentation, or |
|
failed to disclose any material fact, in an application submitted |
|
pursuant to Section 411.174. |
|
SECTION 4.10. Sections 411.187(a) and (c), Government Code, |
|
are amended to read as follows: |
|
(a) The department shall suspend a license under this |
|
section if the license holder: |
|
(1) is charged with the commission of a Class A or |
|
Class B misdemeanor or equivalent offense, or of an offense under |
|
Section 42.01, Penal Code, or equivalent offense, or of a felony |
|
under an information or indictment; |
|
(2) fails to notify the department of a change of |
|
address, name, or status as required by Section 411.181; |
|
(3) commits an act of family violence and is the |
|
subject of an active protective order rendered under Title 4, |
|
Family Code; [or] |
|
(4) is arrested for an offense involving family |
|
violence or an offense under Section 42.072, Penal Code, and is the |
|
subject of an order for emergency protection issued under Article |
|
17.292, Code of Criminal Procedure; or |
|
(5) is the subject of an active protective order |
|
issued under Subchapter D, Chapter 7B, Code of Criminal Procedure. |
|
(c) The department shall suspend a license under this |
|
section: |
|
(1) for 30 days, if the person's license is subject to |
|
suspension for a reason listed in Subsection (a)(2)[, (3), or (4), |
|
except as provided by Subdivision (2)]; |
|
(2) [for not less than one year and not more than three |
|
years, if the person's license: |
|
[(A) is subject to suspension for a reason listed |
|
in Subsection (a), other than the reason listed in Subsection |
|
(a)(1); and |
|
[(B) has been previously suspended for the same |
|
reason; |
|
[(3)] until dismissal of the charges, if the person's |
|
license is subject to suspension for the reason listed in |
|
Subsection (a)(1); or |
|
(3) [(4)] for the duration of or the period specified |
|
by: |
|
(A) the protective order issued under Title 4, |
|
Family Code, if the person's license is subject to suspension for |
|
the reason listed in Subsection (a)(3) [(a)(5)]; [or] |
|
(B) the order for emergency protection issued |
|
under Article 17.292, Code of Criminal Procedure, if the person's |
|
license is subject to suspension for the reason listed in |
|
Subsection (a)(4); or |
|
(C) the extreme risk protective order issued |
|
under Subchapter D, Chapter 7B, Code of Criminal Procedure, if the |
|
person's license is subject to suspension for the reason listed in |
|
Subsection (a)(5) [(a)(6)]. |
|
SECTION 4.11. Chapter 37, Penal Code, is amended by adding |
|
Section 37.083 to read as follows: |
|
Sec. 37.083. FALSE REPORT REGARDING REQUEST FOR EXTREME |
|
RISK PROTECTIVE ORDER. (a) A person commits an offense if, with |
|
intent to deceive, the person makes a statement that the person |
|
knows to be false to a peace officer relating to a request that the |
|
officer file an application for an extreme risk protective order |
|
under Subchapter D, Chapter 7B, Code of Criminal Procedure. |
|
(b) An offense under this section is a Class B misdemeanor. |
|
(c) If conduct that constitutes an offense under this |
|
section also constitutes an offense under another law, the actor |
|
may be prosecuted under this section, the other law, or both. |
|
SECTION 4.12. Section 46.04, Penal Code, is amended by |
|
amending Subsections (c) and (e) and adding Subsections (c-1) and |
|
(c-2) to read as follows: |
|
(c) A person [, other than a peace officer, as defined by |
|
Section 1.07, actively engaged in employment as a sworn, full-time |
|
paid employee of a state agency or political subdivision,] who is |
|
subject to an order issued under Section 6.504 or Chapter 85, Family |
|
Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of |
|
Criminal Procedure, or by another jurisdiction as provided by |
|
Chapter 88, Family Code, commits an offense if the person possesses |
|
a firearm after receiving notice of the order and before expiration |
|
of the order. |
|
(c-1) It is a defense to prosecution under Subsection (c) |
|
that the actor possessed the firearm for the actual discharge of |
|
official duties as: |
|
(1) a peace officer, as defined by Section 1.07; or |
|
(2) a member of the armed forces or state military |
|
forces, as defined by Section 431.001, Government Code. |
|
(c-2) A person commits an offense if, after receiving notice |
|
that the person is subject to an extreme risk protective order |
|
issued under Subchapter D, Chapter 7B, Code of Criminal Procedure, |
|
and before rescission or expiration of the order, the person |
|
purchases, owns, possesses, or controls a firearm in violation of |
|
the order. |
|
(e) An offense under Subsection (a) is a felony of the third |
|
degree. An offense under Subsection (a-1), (b), [or] (c), or (c-2) |
|
is a Class A misdemeanor. |
|
SECTION 4.13. Not later than October 1, 2023, the |
|
Department of Public Safety shall adopt rules as required by |
|
Section 411.0522, Government Code, as added by this article. |
|
SECTION 4.14. The change in law made by this article |
|
relating to the contents of a protective order or a magistrate's |
|
order for emergency protection applies to an order issued on or |
|
after the effective date of this Act. 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 4.15. Section 46.04, Penal Code, as amended by this |
|
article, applies only to an offense committed on or after the |
|
effective date of this Act. An offense committed before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the offense was committed, and the former law is continued in |
|
effect for that purpose. For purposes of this section, an offense |
|
was committed before the effective date of this Act if any element |
|
of the offense occurred before that date. |
|
ARTICLE 5. EFFECTIVE DATE |
|
SECTION 5.01. This Act takes effect September 1, 2023. |