By: Raymond H.B. No. 2175
73R5006 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the reporting of a family violence offense by a peace
1-3 officer and the seizure of weapons from a residence in which family
1-4 violence occurs.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 5.05, Code of Criminal Procedure, is
1-7 amended by amending Subsection (a) and adding Subsection (e) to
1-8 read as follows:
1-9 (a) A peace officer who investigates a family violence
1-10 allegation or who responds to a disturbance call that may
1-11 involve <has reason to believe that an offense involving> family
1-12 violence <has occurred> shall make a written report, including but
1-13 not limited to:
1-14 (1) the names of the suspect and complainant;
1-15 (2) the date, time, and location of the incident;
1-16 (3) any visible or reported injuries; and
1-17 (4) a description of the incident and a statement of
1-18 its disposition.
1-19 (e) A peace officer who makes a report under Subsection (a)
1-20 of this article shall provide information concerning the allegation
1-21 or disturbance to the bureau of identification and records of the
1-22 Department of Public Safety for its record-keeping function under
1-23 Section 411.042, Government Code. The bureau shall prescribe the
1-24 form and nature of the information required to be reported to the
2-1 bureau by this article.
2-2 SECTION 2. Chapter 5, Code of Criminal Procedure, is amended
2-3 by adding Article 5.08 to read as follows:
2-4 Art. 5.08. SEIZURE OF WEAPONS. A peace officer who has
2-5 probable cause to believe that an act of family violence has
2-6 occurred may:
2-7 (1) question any person in the household as to the
2-8 presence of weapons at the residence; and
2-9 (2) if there is a weapon present at the residence,
2-10 seize the weapon if the peace officer reasonably believes that the
2-11 weapon would expose an alleged victim of family violence to a risk
2-12 of serious bodily injury.
2-13 SECTION 3. Article 18.19(a), Code of Criminal Procedure, is
2-14 amended to read as follows:
2-15 (a) Weapons seized in connection with an offense involving
2-16 the use of a weapon, an offense involving family violence, as
2-17 defined by Section 71.01, Family Code, or an offense under Penal
2-18 Code Chapter 46 shall be held by the law enforcement agency making
2-19 the seizure, subject to the following provisions, unless:
2-20 (1) the weapon is a prohibited weapon identified in
2-21 Penal Code Chapter 46, in which event Article 18.18 of this code
2-22 applies; or
2-23 (2) the weapon is alleged to be stolen property, in
2-24 which event Chapter 47 of this code applies.
2-25 SECTION 4. (a) The change in law made by this Act applies
2-26 only to an investigation of an offense committed on or after the
2-27 effective date of this Act. For purposes of this section, an
3-1 offense is committed before the effective date of this Act if any
3-2 element of the offense occurs before that date.
3-3 (b) An investigation of an offense committed before the
3-4 effective date of this Act is governed by the law in effect when
3-5 the offense was committed, and the former law is continued in
3-6 effect for that purpose.
3-7 SECTION 5. This Act takes effect September 1, 1993.
3-8 SECTION 6. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.