JWW C.S.H.B. 456 75(R)BILL ANALYSIS PUBLIC SAFETY C.S.H.B. 456 By: Rodriguez 4-28-97 Committee Report (Substituted) BACKGROUND Statistics from the U.S. Department of Justice show that 53% of all spouses that are murdered by their partner are killed by a firearm. Most victims of domestic abuse will obtain a protective order when they leave the abuser. Currently, the Brady Bill only requires a person's federal criminal record to be used to deny them a handgun. Neither a protective order nor a breach of that protective order shows up on this record. Also since most domestic violence abuses are class A misdemeanors, these would not show up on this record. PURPOSE This bill will prevent a person under an active protective order from purchasing or otherwise receiving a handgun. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1 Amends Chapter 46, Penal Code, by adding Section 46.045. UNLAWFUL ACQUISITION OF HANDGUN BY PERSON UNDER ACTIVE PROTECTIVE ORDER. This section states that a person to whom protective order is directed towards because of a finding of family violence committed by that person, commits class A misdemeanor if that person takes possession of a handgun. This includes handgun purchase, rental, lease, or receiving as a loan or gift from another person. SECTION 2 Amends Subchapter B, Chapter 85, Family Code, to add Section 85.0225, CERTAIN INFORMATION REQUIRED TO BE INCLUDED, which states that certain information is to be included on, or attached to the protective order. This information includes the sex, race, date of birth, and individual characteristics of the person previously found to have committed family violence. SECTION 3 Amends Section 85.026, Family Code, to add Subsection (d), which states that a warning statement is to be included on the protective order. The statement will describe the offense and violation under 46.045, Penal Code. SECTION 4 (a) Effective Date: September 1, 1997. (b) This subsection states that changes in law made in SECTIONS 2 and 3 take effect only upon passage of S.B. 797. SECTION 5 Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The caption is amended to remove reference to a computerized criminal history system maintained by the Department of Public Safety. Reference to a warning included on a protective order is added. SECTION 1 (c) "Class A misdemeanor" replaces "state jail felony". SECTIONS 2-8 are deleted. SECTION 2 This section is added. SECTION 3 This section is added. SECTION 4 Previously SECTION 10. The effective date does not change, however, Subsection (b) is added. SECTION 5 Emergency Clause. Previously SECTION 11.