74R9960 PEP-F
By Greenberg, Allen, Naishtat, et al. H.B. No. 368
Substitute the following for H.B. No. 368:
By Allen C.S.H.B. No. 368
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creating the offense of transferring a handgun to a
1-3 person who is the subject of a protective order and including in
1-4 records maintained by the Department of Public Safety information
1-5 relating to protective orders.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Sections 46.06(a) and (b), Penal Code, are
1-8 amended to read as follows:
1-9 (a) A person commits an offense if the person <he>:
1-10 (1) sells, rents, leases, loans, or gives a handgun to
1-11 any person knowing that the person to whom the handgun is to be
1-12 delivered intends to use it unlawfully or in the commission of an
1-13 unlawful act;
1-14 (2) intentionally or knowingly sells, rents, leases,
1-15 or gives or offers to sell, rent, lease, or give to any child
1-16 younger than 18 years any firearm, club, or illegal knife;
1-17 (3) intentionally, knowingly, or recklessly sells a
1-18 firearm or ammunition for a firearm to any person who is
1-19 intoxicated; <or>
1-20 (4) knowingly sells a firearm or ammunition for a
1-21 firearm to any person who has been convicted of a felony before the
1-22 fifth anniversary of the later of the following dates:
1-23 (A) the person's release from confinement
1-24 following conviction of the felony; or
2-1 (B) the person's release from supervision under
2-2 community supervision, parole, or mandatory supervision following
2-3 conviction of the felony; or
2-4 (5) sells, rents, leases, loans, or gives a handgun to
2-5 any person knowing that an active protective order is directed to
2-6 the person to whom the handgun is to be delivered.
2-7 (b) In <For purposes of> this section:<,>
2-8 (1) "Intoxicated" <"intoxicated"> means substantial
2-9 impairment of mental or physical capacity resulting from
2-10 introduction of any substance into the body.
2-11 (2) "Active protective order" means a protective order
2-12 issued under Chapter 71, Family Code, that is in effect. The term
2-13 does not include a temporary protective order issued before the
2-14 court holds a hearing on the matter.
2-15 SECTION 2. Section 411.042, Government Code, is amended by
2-16 amending Subsection (b) and adding Subsection (h) to read as
2-17 follows:
2-18 (b) The bureau of identification and records shall:
2-19 (1) procure and file for record photographs, pictures,
2-20 descriptions, fingerprints, measurements, and other pertinent
2-21 information of all persons arrested for or charged with a criminal
2-22 offense or convicted of a criminal offense, regardless of whether
2-23 the conviction is probated;
2-24 (2) collect information concerning the number and
2-25 nature of offenses reported or known to have been committed in the
2-26 state and the legal steps taken in connection with the offenses,
2-27 and other information useful in the study of crime and the
3-1 administration of justice, including a statistical breakdown of
3-2 those offenses in which family violence was involved;
3-3 (3) make ballistic tests of bullets and firearms and
3-4 chemical analyses of bloodstains, cloth, materials, and other
3-5 substances for law enforcement officers of the state; <and>
3-6 (4) cooperate with identification and crime records
3-7 bureaus in other states and the United States Department of
3-8 Justice; and
3-9 (5) collect information relating to any active
3-10 protective order defined by Section 46.06, Penal Code, including:
3-11 (A) the name, sex, race, date of birth, address,
3-12 and county of residence of the person to whom the order is
3-13 directed;
3-14 (B) a physical description of the person to whom
3-15 the order is directed;
3-16 (C) any known identifying number of the person
3-17 to whom the order is directed, including the person's social
3-18 security number or driver's license number;
3-19 (D) the name and county of residence of the
3-20 person protected by the order;
3-21 (E) the residence address and place of
3-22 employment or business of the person protected by the order, unless
3-23 that information is excluded from the order under Section 71.111,
3-24 Family Code;
3-25 (F) the child care facility or school where a
3-26 child protected by the order normally resides or attends, unless
3-27 that information is excluded from the order under Section 71.111,
4-1 Family Code;
4-2 (G) the relationship or former relationship
4-3 between the person who is protected by the order and the person to
4-4 whom the order is directed; and
4-5 (H) the cause or docket number assigned to any
4-6 proceeding filed with the clerk of the court in connection to which
4-7 the order is issued and the date the order expires.
4-8 (h) The department shall, by rule, develop reporting
4-9 procedures that ensure that information relating to the issuance of
4-10 an active protective order and to the dismissal of an active
4-11 protective order is reported at the time of the order's issuance or
4-12 dismissal.
4-13 SECTION 3. Section 71.17(b), Family Code, is amended to read
4-14 as follows:
4-15 (b) The clerk of the court issuing an original or modified
4-16 protective order under this chapter shall send a copy of the order
4-17 to:
4-18 (1) the Department of Public Safety on the date the
4-19 order is issued; and
4-20 (2) the chief of police of the city where the member
4-21 of the family or household protected by the order resides, if the
4-22 person resides in a city, or to the sheriff of the county where the
4-23 person resides, if the person does not reside in a city.
4-24 SECTION 4. Section 71.18, Family Code, is amended by adding
4-25 Subsection (c) to read as follows:
4-26 (c) On receipt of a request for a criminal record check of a
4-27 prospective transferee by a licensed firearms dealer under the
5-1 Brady Handgun Violence Prevention Act, 18 U.S.C. Section 922, the
5-2 chief law enforcement officer shall determine whether the
5-3 Department of Public Safety has collected information under Section
5-4 411.042, Government Code, indicating the existence of an active
5-5 protective order directed to the prospective transferee. If the
5-6 department has collected information indicating the existence of an
5-7 active protective order directed to the prospective transferee, the
5-8 chief law enforcement officer shall immediately advise the dealer
5-9 that the transfer is prohibited.
5-10 SECTION 5. The Department of Public Safety shall establish
5-11 the rules and procedures necessary to comply with Section 411.042,
5-12 Government Code, as amended by this Act, not later than January 1,
5-13 1996.
5-14 SECTION 6. (a) The change in law made by Section 1 of this
5-15 Act to Section 46.06, Penal Code, applies only to an offense
5-16 committed on or after January 1, 1996. For purposes of this
5-17 section, an offense is committed before January 1, 1996, if any
5-18 element of the offense occurs before that date.
5-19 (b) An offense committed before January 1, 1996, is covered
5-20 by the law in effect when the offense was committed, and the former
5-21 law is continued in effect for this purpose.
5-22 SECTION 7. The change in law made by Section 4 of this Act
5-23 to Section 71.18, Family Code, applies only to a request for a
5-24 criminal record check made on or after January 1, 1996. A request
5-25 for a criminal record check made before January 1, 1996, is covered
5-26 by the law in effect when the request was made, and the former law
5-27 is continued in effect for this purpose.
6-1 SECTION 8. (a) Except as provided by Subsection (b), this
6-2 Act takes effect September 1, 1995.
6-3 (b) Sections 1 and 4 of this Act take effect January 1,
6-4 1996.
6-5 SECTION 9. The importance of this legislation and the
6-6 crowded condition of the calendars in both houses create an
6-7 emergency and an imperative public necessity that the
6-8 constitutional rule requiring bills to be read on three several
6-9 days in each house be suspended, and this rule is hereby suspended.