1-1 By: West S.B. No. 130
1-2 (In the Senate - Filed December 7, 1994; January 16, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 7, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 7, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 130 By: West
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to creating the offense of transferring a handgun to a
1-11 person who is the subject of a protective order and including in
1-12 the law enforcement information system maintained by the Department
1-13 of Public Safety information relating to protective orders.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Subsections (a) and (b), Section 46.06, Penal
1-16 Code, are amended to read as follows:
1-17 (a) A person commits an offense if the person <he>:
1-18 (1) sells, rents, leases, loans, or gives a handgun to
1-19 any person knowing that the person to whom the handgun is to be
1-20 delivered intends to use it unlawfully or in the commission of an
1-21 unlawful act;
1-22 (2) intentionally or knowingly sells, rents, leases,
1-23 or gives or offers to sell, rent, lease, or give to any child
1-24 younger than 18 years any firearm, club, or illegal knife;
1-25 (3) intentionally, knowingly, or recklessly sells a
1-26 firearm or ammunition for a firearm to any person who is
1-27 intoxicated; <or>
1-28 (4) knowingly sells a firearm or ammunition for a
1-29 firearm to any person who has been convicted of a felony before the
1-30 fifth anniversary of the later of the following dates:
1-31 (A) the person's release from confinement
1-32 following conviction of the felony; or
1-33 (B) the person's release from supervision under
1-34 community supervision, parole, or mandatory supervision following
1-35 conviction of the felony; or
1-36 (5) sells, rents, leases, loans, or gives a handgun to
1-37 any person knowing that an active protective order is directed to
1-38 the person to whom the handgun is to be delivered.
1-39 (b) In <For purposes of> this section:
1-40 (1) "Intoxicated"<, "intoxicated"> means substantial
1-41 impairment of mental or physical capacity resulting from
1-42 introduction of any substance into the body.
1-43 (2) "Active protective order" means a protective order
1-44 issued under Chapter 71, Family Code, that is in effect. The term
1-45 does not include a temporary protective order issued before the
1-46 court holds a hearing on the matter.
1-47 SECTION 2. Subsection (b), Section 411.042, Government Code,
1-48 is amended to read as follows:
1-49 (b) The bureau of identification and records shall:
1-50 (1) procure and file for record photographs, pictures,
1-51 descriptions, fingerprints, measurements, and other pertinent
1-52 information of all persons arrested for or charged with a criminal
1-53 offense or convicted of a criminal offense, regardless of whether
1-54 the conviction is probated;
1-55 (2) collect information concerning the number and
1-56 nature of offenses reported or known to have been committed in the
1-57 state and the legal steps taken in connection with the offenses,
1-58 and other information useful in the study of crime and the
1-59 administration of justice, including a statistical breakdown of
1-60 those offenses in which family violence was involved;
1-61 (3) make ballistic tests of bullets and firearms and
1-62 chemical analyses of bloodstains, cloth, materials, and other
1-63 substances for law enforcement officers of the state; <and>
1-64 (4) cooperate with identification and crime records
1-65 bureaus in other states and the United States Department of
1-66 Justice; and
1-67 (5) collect information concerning the number and
1-68 nature of protective orders and all other pertinent information
2-1 about all persons on active protective orders. Information in the
2-2 law enforcement information system relating to an active protective
2-3 order shall include:
2-4 (A) the name, sex, race, date of birth, personal
2-5 descriptors, address, and county of residence of the person to whom
2-6 the order is directed;
2-7 (B) any known identifying number of the person
2-8 to whom the order is directed, including the person's social
2-9 security number or driver's license number;
2-10 (C) the name and county of residence of the
2-11 person protected by the order;
2-12 (D) the residence address and place of
2-13 employment or business of the person protected by the order, unless
2-14 that information is excluded from the order under Section 71.111,
2-15 Family Code;
2-16 (E) the child-care facility or school where a
2-17 child protected by the order normally resides or which the child
2-18 normally attends, unless that information is excluded from the
2-19 order under Section 71.111, Family Code;
2-20 (F) the relationship or former relationship
2-21 between the person who is protected by the order and the person to
2-22 whom the order is directed; and
2-23 (G) the date the order expires.
2-24 SECTION 3. Subsection (g), Section 411.042, Government Code,
2-25 is amended to read as follows:
2-26 (g) The department may adopt reasonable rules under this
2-27 section relating to:
2-28 (1) law enforcement information systems maintained by
2-29 the department;
2-30 (2) the collection, maintenance, and correction of
2-31 records; <and>
2-32 (3) reports of criminal history information submitted
2-33 to the department; and
2-34 (4) active protective orders issued under Chapter 71,
2-35 Family Code, and reporting procedures that ensure that information
2-36 relating to the issuance of an active protective order and to the
2-37 dismissal of an active protective order is reported to the local
2-38 law enforcement agency at the time of the order's issuance or
2-39 dismissal and entered by the local law enforcement agency in the
2-40 state's law enforcement information system.
2-41 SECTION 4. Subsection (b), Section 71.17, Family Code, is
2-42 amended to read as follows:
2-43 (b) The clerk of the court issuing an original or modified
2-44 protective order under this chapter shall send a copy of the order
2-45 to:
2-46 (1) the Department of Public Safety on the date the
2-47 order is issued; and
2-48 (2) the chief of police of the city where the member
2-49 of the family or household protected by the order resides, if the
2-50 person resides in a city, or to the sheriff of the county where the
2-51 person resides, if the person does not reside in a city.
2-52 SECTION 5. Section 71.18, Family Code, is amended by adding
2-53 Subsection (c) to read as follows:
2-54 (c) On receipt of a request for law enforcement information
2-55 system record check of a prospective transferee by a licensed
2-56 firearms dealer under the Brady Handgun Violence Prevention Act, 18
2-57 U.S.C. Section 922, the chief law enforcement officer shall
2-58 determine whether the Department of Public Safety has in the
2-59 department's law enforcement information system a record indicating
2-60 the existence of an active protective order directed to the
2-61 prospective transferee. If the department's law enforcement
2-62 information system indicates the existence of an active protective
2-63 order directed to the prospective transferee, the chief law
2-64 enforcement officer shall immediately advise the dealer that the
2-65 transfer is prohibited.
2-66 SECTION 6. The Department of Public Safety shall establish
2-67 the rules and procedures necessary to comply with Section 411.042,
2-68 Government Code, as amended by this Act, not later than January 1,
2-69 1996.
2-70 SECTION 7. (a) The change in law made by Section 1 of this
3-1 Act to Section 46.06, Penal Code, applies only to an offense
3-2 committed on or after January 1, 1996. For purposes of this
3-3 section, an offense is committed before January 1, 1996, if any
3-4 element of the offense occurs before that date.
3-5 (b) An offense committed before January 1, 1996, is covered
3-6 by the law in effect when the offense was committed, and the former
3-7 law is continued in effect for this purpose.
3-8 SECTION 8. The change in law made by Section 5 of this Act
3-9 to Section 71.18, Family Code, applies only to a request for a law
3-10 enforcement information system record check made on or after
3-11 January 1, 1996. A request for a law enforcement information
3-12 system record check made before January 1, 1996, is covered by the
3-13 law in effect when the request was made, and the former law is
3-14 continued in effect for this purpose.
3-15 SECTION 9. (a) Except as provided by Subsection (b) of this
3-16 section, this Act takes effect September 1, 1995.
3-17 (b) Sections 1 and 5 of this Act take effect January 1,
3-18 1996.
3-19 SECTION 10. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.
3-24 * * * * *