By Rodriguez H.B. No. 456
75R3040 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of an offense for the acquisition of a
1-3 handgun by a person while under an active protective order and the
1-4 inclusion of information relating to protective orders in the
1-5 computerized criminal history system maintained by the Department
1-6 of Public Safety.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Chapter 46, Penal Code, is amended by adding
1-9 Section 46.045 to read as follows:
1-10 Sec. 46.045. UNLAWFUL ACQUISITION OF HANDGUN BY PERSON UNDER
1-11 ACTIVE PROTECTIVE ORDER. (a) A person commits an offense if:
1-12 (1) a protective order is directed to the person based
1-13 on a finding that the person committed family violence; and
1-14 (2) while the protective order is an active protective
1-15 order, the person knowingly purchases, rents, leases, or receives
1-16 as a loan or gift from another a handgun.
1-17 (b) In this section, "active protective order" has the
1-18 meaning assigned by Section 46.06(b)(2).
1-19 (c) An offense under this section is a state jail felony.
1-20 SECTION 2. Article 60.01, Code of Criminal Procedure, is
1-21 amended by amending Subdivision (3) and adding Subdivision (17) to
1-22 read as follows:
1-23 (3) "Computerized criminal history system" means the
1-24 data base maintained by the Department of Public Safety containing
2-1 arrest, disposition, [and] other criminal history, and information
2-2 on active protective orders [maintained by the Department of Public
2-3 Safety].
2-4 (17) "Active protective order" means a protective
2-5 order issued under Chapter 71, Family Code, that is in effect. The
2-6 term does not include a temporary protective order issued before
2-7 the court holds a hearing on the matter.
2-8 SECTION 3. Article 60.02(b), Code of Criminal Procedure, is
2-9 amended to read as follows:
2-10 (b) The Department of Public Safety is responsible for
2-11 recording data and maintaining a data base for a computerized
2-12 criminal history system that serves as the record creation point
2-13 for criminal history information maintained by the state and
2-14 information on active protective orders.
2-15 SECTION 4. Article 60.05, Code of Criminal Procedure, is
2-16 amended to read as follows:
2-17 Art. 60.05. Types of information collected. (a) The
2-18 criminal justice information system must contain but is not limited
2-19 to the following types of information for each arrest for a felony
2-20 or a misdemeanor not punishable by fine only:
2-21 (1) information relating to offenders;
2-22 (2) information relating to arrests;
2-23 (3) information relating to prosecutions;
2-24 (4) information relating to the disposition of cases
2-25 by courts;
2-26 (5) information relating to sentencing; and
2-27 (6) information relating to the handling of offenders
3-1 received by a correctional agency, facility, or other institution.
3-2 (b) In addition to the information required by Subsection
3-3 (a), the criminal justice information system shall contain
3-4 information relating to an active protective order.
3-5 SECTION 5. Article 60.051, Code of Criminal Procedure, is
3-6 amended by adding Subsection (g) to read as follows:
3-7 (g) Information in the computerized criminal history system
3-8 relating to an active protective order shall include:
3-9 (1) the name, address, and county of residence of the
3-10 person to whom the order is directed;
3-11 (2) any known identifying number of the person to whom
3-12 the order is directed, including the person's social security
3-13 number or driver's license number;
3-14 (3) the name and county of residence of the person
3-15 protected by the order;
3-16 (4) the residence address and place of employment or
3-17 business of the person protected by the order, unless that
3-18 information is excluded from the order under Section 71.111, Family
3-19 Code;
3-20 (5) the child care facility or school where a child
3-21 protected by the order normally resides or attends, unless that
3-22 information is excluded from the order under Section 71.111, Family
3-23 Code;
3-24 (6) the relationship or former relationship between
3-25 the person who is protected by the order and the person to whom the
3-26 order is directed; and
3-27 (7) the date the order expires.
4-1 SECTION 6. Article 60.08(a), Code of Criminal Procedure, is
4-2 amended to read as follows:
4-3 (a) The Department of Public Safety and the Texas Department
4-4 of Criminal Justice shall, by rule, develop reporting procedures
4-5 that:
4-6 (1) ensure that the offender processing data is
4-7 reported from the time an offender is arrested until the time an
4-8 offender is released; [and]
4-9 (2) ensure that information relating to the issuance
4-10 of an active protective order and to the dismissal of an active
4-11 protective order is reported at the time of the order's issuance or
4-12 dismissal; and
4-13 (3) provide measures and policies designed to identify
4-14 and eliminate redundant reporting of information to the criminal
4-15 justice information system.
4-16 SECTION 7. Section 411.082(2), Government Code, is amended
4-17 to read as follows:
4-18 (2) "Criminal history record information" means
4-19 information collected about a person by a criminal justice agency
4-20 that consists of identifiable descriptions and notations of
4-21 arrests, detentions, indictments, informations, and other formal
4-22 criminal charges and their dispositions and information relating to
4-23 an active protective order issued under Chapter 71, Family Code.
4-24 The term does not include:
4-25 (A) identification information, including
4-26 fingerprint records, to the extent that the identification
4-27 information does not indicate involvement of the person in the
5-1 criminal justice system; or
5-2 (B) driving record information maintained by the
5-3 department under Subchapter C, Chapter 521, Transportation Code
5-4 [Section 21, Chapter 173, Acts of the 47th Legislature, Regular
5-5 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes)].
5-6 SECTION 8. Section 411.083, Government Code, is amended by
5-7 adding Subsection (e) to read as follows:
5-8 (e) To the extent criminal history record information
5-9 contains information relating to an active protective order issued
5-10 under Chapter 71, Family Code, the department may release that
5-11 information only if expressly authorized or directed by this
5-12 subchapter or other law to release the information.
5-13 SECTION 9. The Department of Public Safety shall establish
5-14 the rules and procedures necessary to comply with Chapter 60, Code
5-15 of Criminal Procedure, as amended by this Act, not later than
5-16 September 1, 1997.
5-17 SECTION 10. This Act takes effect September 1, 1997.
5-18 SECTION 11. The importance of this legislation and the
5-19 crowded condition of the calendars in both houses create an
5-20 emergency and an imperative public necessity that the
5-21 constitutional rule requiring bills to be read on three several
5-22 days in each house be suspended, and this rule is hereby suspended.