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.