By Greenberg, Allen, Naishtat H.B. No. 368
74R1840 PEP-D
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 the computerized criminal history system maintained by the
1-5 Department of Public Safety information relating to protective
1-6 orders.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Sections 46.06(a) and (b), Penal Code, are
1-9 amended to read as follows:
1-10 (a) A person commits an offense if the person <he>:
1-11 (1) sells, rents, leases, loans, or gives a handgun to
1-12 any person knowing that the person to whom the handgun is to be
1-13 delivered intends to use it unlawfully or in the commission of an
1-14 unlawful act;
1-15 (2) intentionally or knowingly sells, rents, leases,
1-16 or gives or offers to sell, rent, lease, or give to any child
1-17 younger than 18 years any firearm, club, or illegal knife;
1-18 (3) intentionally, knowingly, or recklessly sells a
1-19 firearm or ammunition for a firearm to any person who is
1-20 intoxicated; <or>
1-21 (4) knowingly sells a firearm or ammunition for a
1-22 firearm to any person who has been convicted of a felony before the
1-23 fifth anniversary of the later of the following dates:
1-24 (A) the person's release from confinement
2-1 following conviction of the felony; or
2-2 (B) the person's release from supervision under
2-3 community supervision, parole, or mandatory supervision following
2-4 conviction of the felony; or
2-5 (5) sells, rents, leases, loans, or gives a handgun to
2-6 any person knowing that an active protective order is directed to
2-7 the person to whom the handgun is to be delivered.
2-8 (b) In <For purposes of> this section:<,>
2-9 (1) "Intoxicated" <"intoxicated"> means substantial
2-10 impairment of mental or physical capacity resulting from
2-11 introduction of any substance into the body.
2-12 (2) "Active protective order" means a protective order
2-13 issued under Chapter 71, Family Code, that is in effect. The term
2-14 does not include a temporary protective order issued before the
2-15 court holds a hearing on the matter.
2-16 SECTION 2. Article 60.01, Code of Criminal Procedure, is
2-17 amended by amending Subdivision (3) and adding Subdivision (17) to
2-18 read as follows:
2-19 (3) "Computerized criminal history system" means the
2-20 data base maintained by the Department of Public Safety containing
2-21 arrest, disposition, <and> other criminal history, and information
2-22 on active protective orders <maintained by the Department of Public
2-23 Safety>.
2-24 (17) "Active protective order" means a protective
2-25 order issued under Chapter 71, Family Code, that is in effect. The
2-26 term does not include a temporary protective order issued before
2-27 the court holds a hearing on the matter.
3-1 SECTION 3. Article 60.02(b), Code of Criminal Procedure, is
3-2 amended to read as follows:
3-3 (b) The Department of Public Safety is responsible for
3-4 recording data and maintaining a data base for a computerized
3-5 criminal history system that serves as the record creation point
3-6 for criminal history information maintained by the state and
3-7 information on active protective orders.
3-8 SECTION 4. Article 60.05, Code of Criminal Procedure, is
3-9 amended to read as follows:
3-10 Art. 60.05. Types of information collected. (a) The
3-11 criminal justice information system must contain but is not limited
3-12 to the following types of information for each arrest for a felony
3-13 or a misdemeanor not punishable by fine only:
3-14 (1) information relating to offenders;
3-15 (2) information relating to arrests;
3-16 (3) information relating to prosecutions;
3-17 (4) information relating to the disposition of cases
3-18 by courts;
3-19 (5) information relating to sentencing; and
3-20 (6) information relating to the handling of offenders
3-21 received by a correctional agency, facility, or other institution.
3-22 (b) In addition to the information required by Subsection
3-23 (a), the criminal justice information system shall contain
3-24 information relating to an active protective order.
3-25 SECTION 5. Article 60.051, Code of Criminal Procedure, is
3-26 amended by adding Subsection (f) to read as follows:
3-27 (f) Information in the computerized criminal history system
4-1 relating to an active protective order shall include:
4-2 (1) the name, address, and county of residence of the
4-3 person to whom the order is directed;
4-4 (2) any known identifying number of the person to whom
4-5 the order is directed, including the person's social security
4-6 number or driver's license number;
4-7 (3) the name and county of residence of the person
4-8 protected by the order;
4-9 (4) the residence address and place of employment or
4-10 business of the person protected by the order, unless that
4-11 information is excluded from the order under Section 71.111, Family
4-12 Code;
4-13 (5) the child care facility or school where a child
4-14 protected by the order normally resides or attends, unless that
4-15 information is excluded from the order under Section 71.111, Family
4-16 Code;
4-17 (6) the relationship or former relationship between
4-18 the person who is protected by the order and the person to whom the
4-19 order is directed; and
4-20 (7) the date the order expires.
4-21 SECTION 6. Article 60.08(a), Code of Criminal Procedure, is
4-22 amended to read as follows:
4-23 (a) The Department of Public Safety and the Texas Department
4-24 of Criminal Justice shall, by rule, develop reporting procedures
4-25 that ensure that the offender processing data is reported from the
4-26 time an offender is arrested until the time an offender is
4-27 released. The Department of Public Safety shall, by rule, develop
5-1 reporting procedures that ensure that information relating to the
5-2 issuance of an active protective order and to the dismissal of an
5-3 active protective order is reported at the time of the order's
5-4 issuance or dismissal.
5-5 SECTION 7. Section 411.082(2), Government Code, is amended
5-6 to read as follows:
5-7 (2) "Criminal history record information" means
5-8 information collected about a person by a criminal justice agency
5-9 that consists of identifiable descriptions and notations of
5-10 arrests, detentions, indictments, informations, and other formal
5-11 criminal charges and their dispositions and information relating to
5-12 an active protective order issued under Chapter 71, Family Code.
5-13 The term does not include:
5-14 (A) identification information, including
5-15 fingerprint records, to the extent that the identification
5-16 information does not indicate involvement of the person in the
5-17 criminal justice system; or
5-18 (B) driving record information maintained by the
5-19 department under Section 21, Chapter 173, Acts of the 47th
5-20 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
5-21 Civil Statutes).
5-22 SECTION 8. Section 411.083, Government Code, is amended by
5-23 adding Subsection (e) to read as follows:
5-24 (e) To the extent criminal history record information
5-25 contains information relating to an active protective order issued
5-26 under Chapter 71, Family Code, the department may release that
5-27 information only if expressly authorized or directed by this
6-1 subchapter or other law to release the information.
6-2 SECTION 9. Section 71.17(b), Family Code, is amended to read
6-3 as follows:
6-4 (b) The clerk of the court issuing an original or modified
6-5 protective order under this chapter shall send a copy of the order
6-6 to:
6-7 (1) the Department of Public Safety on the date the
6-8 order is issued; and
6-9 (2) the chief of police of the city where the member
6-10 of the family or household protected by the order resides, if the
6-11 person resides in a city, or to the sheriff of the county where the
6-12 person resides, if the person does not reside in a city.
6-13 SECTION 10. Section 71.18, Family Code, is amended by adding
6-14 Subsection (c) to read as follows:
6-15 (c) On receipt of a request for a criminal record check of a
6-16 prospective transferee by a licensed firearms dealer under the
6-17 Brady Handgun Violence Prevention Act, 18 U.S.C. Section 922, the
6-18 chief law enforcement officer shall determine whether the
6-19 Department of Public Safety has in the department's computerized
6-20 criminal history system a record indicating the existence of an
6-21 active protective order directed to the prospective transferee. If
6-22 the department's computerized criminal history system indicates the
6-23 existence of an active protective order directed to the prospective
6-24 transferee, the chief law enforcement officer shall immediately
6-25 advise the dealer that the transfer is prohibited.
6-26 SECTION 11. The Department of Public Safety shall establish
6-27 the rules and procedures necessary to comply with Chapter 60, Code
7-1 of Criminal Procedure, as amended by this Act, not later than
7-2 January 1, 1996.
7-3 SECTION 12. (a) The change in law made by Section 1 of this
7-4 Act to Section 46.06, Penal Code, applies only to an offense
7-5 committed on or after January 1, 1996. For purposes of this
7-6 section, an offense is committed before January 1, 1996, if any
7-7 element of the offense occurs before that date.
7-8 (b) An offense committed before January 1, 1996, is covered
7-9 by the law in effect when the offense was committed, and the former
7-10 law is continued in effect for this purpose.
7-11 SECTION 13. The change in law made by Section 10 of this Act
7-12 to Section 71.18, Family Code, applies only to a request for a
7-13 criminal record check made on or after January 1, 1996. A request
7-14 for a criminal record check made before January 1, 1996, is covered
7-15 by the law in effect when the request was made, and the former law
7-16 is continued in effect for this purpose.
7-17 SECTION 14. (a) Except as provided by Subsection (b), this
7-18 Act takes effect September 1, 1995.
7-19 (b) Sections 1 and 10 of this Act take effect January 1,
7-20 1996.
7-21 SECTION 15. The importance of this legislation and the
7-22 crowded condition of the calendars in both houses create an
7-23 emergency and an imperative public necessity that the
7-24 constitutional rule requiring bills to be read on three several
7-25 days in each house be suspended, and this rule is hereby suspended.