BILL ANALYSIS C.S.S.B. 130 By: West Criminal Justice 04-10-95 Committee Report (Substituted) BACKGROUND According to the Bureau of Justice, firearms were used in 42 percent of all family-related murders and 53 percent of all spouses murdered by a partner were killed with a firearm. Victims of domestic violence who leave their abusers often obtain protective orders against the abuser. This past year the Austin Police Department established a program in which gun shop owners voluntarily refuse to sell guns to persons with an active protective order filed against them. Testimony taken by the Interim Committee on Domestic Violence indicated the program has been successful. Currently, protective orders are not included in the Brady Bill. PURPOSE As proposed, C.S.S.B. 130 requires a person to be denied transfer of a firearm and adds a penalty for a person who transfers a firearm if the person is the subject of an active protective order. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 46.06(a) and (b), Penal Code, as follows: (a) Adds to the list of weapons transfer offenses a person who sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered. (b) Defines "active protective order" and makes a nonsubstantive change. SECTION 2. Amends Section 411.042(b), Government Code, to require the bureau of identification and records, among other duties, to collect information concerning the number and nature of protective orders and all other pertinent information about all persons on active protective orders. Sets forth the required contents of the law enforcement information system (system) relating to active protective orders. SECTION 3. Amends Section 411.042(g), Government Code, to include rules relating to active protective orders issued under Chapter 71, Family Code, and reporting procedures that ensure that information relating to the issuance of an active protective order and to the dismissal of an active protective order is reported to the local law enforcement agency at the time of the order's issuance or dismissal and entered by the local law enforcement agency in the system. SECTION 4. Amends Section 71.17(b), Family Code, to add the Department of Public Safety to the list of recipients of a copy of an original or modified protective order issued by the court. SECTION 5. Amends Section 71.18, Family Code, by adding Subsection (c), to require the chief law enforcement officer to determine whether the Department of Public Safety has an active protective order in the computer system in addition to the criminal check when a person is attempting to obtain a handgun. Requires the chief law enforcement officer to advise the dealer to deny a transfer of a firearm if an active protective order is directed to the transferee. SECTION 6. Requires the Department of Public Safety to establish the rules and procedures necessary to comply with Chapter 60, Code of Criminal Procedure, not later than January 1, 1996. SECTION 7. Makes application of Section 1 of this Act prospective. SECTION 8. Makes application of Section 5 of this Act prospective. SECTION 9. Effective date: September 1, 1995, except as provided by Subsection (b). (b) Effective date for Sections 1 and 5: January 1, 1996. SECTION 10. Emergency clause.