By West                                                S.B. No. 130
       74R1385 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 71.17(b), Family Code, is amended to read
   5-23  as follows:
   5-24        (b)  The clerk of the court issuing an original or modified
   5-25  protective order under this chapter shall send a copy of the order
   5-26  to:
   5-27              (1)  the Department of Public Safety on the date the
    6-1  order is issued; and
    6-2              (2)  the chief of police of the city where the member
    6-3  of the family or household protected by the order resides, if the
    6-4  person resides in a city, or to the sheriff of the county where the
    6-5  person resides, if the person does not reside in a city.
    6-6        SECTION 9.  Section 71.18, Family Code, is amended by adding
    6-7  Subsection (c) to read as follows:
    6-8        (c)  On receipt of a request for a criminal record check of a
    6-9  prospective transferee by a licensed firearms dealer under the
   6-10  Brady Handgun Violence Prevention Act, 18 U.S.C. Section 922, the
   6-11  chief law enforcement officer shall determine whether the
   6-12  Department of Public Safety has in the department's computerized
   6-13  criminal history system a record indicating the existence of an
   6-14  active protective order directed to the prospective transferee.  If
   6-15  the department's computerized criminal history system indicates the
   6-16  existence of an active protective order directed to the prospective
   6-17  transferee, the chief law enforcement officer shall immediately
   6-18  advise the dealer that the transfer is prohibited.
   6-19        SECTION 10.  The Department of Public Safety shall establish
   6-20  the rules and procedures necessary to comply with Chapter 60, Code
   6-21  of Criminal Procedure, as amended by this Act, not later than
   6-22  January 1, 1996.
   6-23        SECTION 11.  (a)  The change in law made by Section 1 of this
   6-24  Act to Section 46.06, Penal Code, applies only to an offense
   6-25  committed on or after January 1, 1996.  For purposes of this
   6-26  section, an offense is committed before January 1, 1996, if any
   6-27  element of the offense occurs before that date.
    7-1        (b)  An offense committed before January 1, 1996, is covered
    7-2  by the law in effect when the offense was committed, and the former
    7-3  law is continued in effect for this purpose.
    7-4        SECTION 12.  The change in law made by Section 9 of this Act
    7-5  to Section 71.18, Family Code, applies only to a request for a
    7-6  criminal record check made on or after January 1, 1996.  A request
    7-7  for a criminal record check made before January 1, 1996, is covered
    7-8  by the law in effect when the request was made, and the former law
    7-9  is continued in effect for this purpose.
   7-10        SECTION 13.  (a)  Except as provided by Subsection (b), this
   7-11  Act takes effect September 1, 1995.
   7-12        (b)  Sections 1 and 9 of this Act take effect January 1,
   7-13  1996.
   7-14        SECTION 14.  The importance of this legislation and the
   7-15  crowded condition of the calendars in both houses create an
   7-16  emergency and an imperative public necessity that the
   7-17  constitutional rule requiring bills to be read on three several
   7-18  days in each house be suspended, and this rule is hereby suspended.