HBA-SEB H.B. 2124 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2124 By: Cuellar Juvenile Justice and Family Issues 7/22/1999 Enrolled BACKGROUND AND PURPOSE Currently, a magistrate is authorized to issue an order for emergency protection in a case involving family violence. The order prevents the defendant from going within 200 yards of the victim for 31 days. In many cases, however, the magistrate does not issue an order for emergency protection. A victim of domestic violence who is not under such an order may be in danger if the defendant is released from jail. H.B. 2124 requires a magistrate to issue an order for emergency protection in a family violence case if the victim sustained serious injury or the defendant used or exhibited a deadly weapon. It also modifies the circumstances under which a person's handgun license may be suspended. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 17.292, Code of Criminal Procedure, to require a magistrate to issue an order for emergency protection at a defendant's appearance before the magistrate if an arrest involving family violence includes serious injury to the victim or the use or exhibition of a deadly weapon during the commission of an assault. Authorizes the magistrate, in an order for emergency protection, to suspend a license to carry a concealed handgun that is held by the defendant. Redesignates Subsections (c)-(j) and (k) to (d)-(k) and (m), respectively. SECTION 2. Amends Chapter 17, Code of Criminal Procedure, by adding Article 17.293, as follows: Art. 17.293. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS. Requires the magistrate or clerk of the magistrate's court issuing an order for emergency protection that suspends a license to carry a concealed handgun to immediately send a copy of the order to the appropriate division of the Department of Public Safety (DPS) at its Austin headquarters. Requires DPS to record the suspension of the license in the records of DPS, report the suspension to local law enforcement agencies, as appropriate, and demand surrender of the suspended license from the license holder. SECTION 3. Amends Section 85.022, Family Code, by adding Subsection (d), to authorize the court, in a protective order, to suspend a license to carry a concealed handgun that is held by a person found to have committed family violence. SECTION 4. Amends Section 85.042, Family Code, by adding Subsection (e), to require the clerk of the court issuing an original or modified protective order that suspends a license to carry a concealed handgun to send a copy of the order to the appropriate division of DPS at its Austin headquarters. Requires DPS to record the suspension of the license in the records of DPS, report the suspension to local law enforcement agencies, as appropriate, and demand surrender of the suspended license from the license holder. SECTION 5. Amends Section 411.180, Government Code, by adding Subsection (i), to provide that this section does not apply to a suspension of a license under Section 85.022, Family Code, or Article 17.292, Code of Criminal Procedure. SECTION 6. Amends Sections 411.187(a) and (c), Government Code, to authorize a handgun license to be suspended if the license holder commits an act of family violence and is the subject of an active protective order or is arrested for an offense involving family violence or stalking and is the subject of an order for emergency protection. Sets forth the duration of the license suspension. SECTION 7. Provides that the text of Sections 411.187(a) and (c), Government Code, gives effect to changes made by Chapter 1261, Acts of the 75th Legislature, Regular Session, 1997. Establishes that this Act prevails over any conflicting Act of the 76th Legislature, Regular Session, 1999, relating to nonsubstantive additions to and corrections in enacted codes. SECTION 8. Effective date: September 1, 1999. SECTION 9. Emergency clause.