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.