By Cuellar H.B. No. 53
76R328 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to firearm searches of certain persons placed on probation
1-3 by a juvenile court, released under supervision by the Texas Youth
1-4 Commission, or released on parole.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 2, Code of Criminal Procedure, is amended
1-7 by adding Article 2.131 to read as follows:
1-8 Art. 2.131. FIREARM SEARCH. (a) A juvenile probation
1-9 officer or parole officer, or a peace officer accompanied by a
1-10 juvenile probation officer or parole officer, may in the scope of
1-11 the officer's employment and duties and without a warrant search a
1-12 person, or property in the immediate possession of the person, to
1-13 determine if the person is possessing or carrying a firearm if the
1-14 officer who conducts the search knows:
1-15 (1) the identity of the person;
1-16 (2) that the person is placed on probation under
1-17 Section 54.04(d), Family Code, released under supervision under
1-18 Section 61.081(a), Human Resources Code, or released on parole
1-19 under Section 61.084(f) or (g), Human Resources Code; and
1-20 (3) that the person is prohibited as a condition of
1-21 probation, release, or parole imposed under Section 54.048, Family
1-22 Code, Section 61.085, Human Resources Code, or Section 508.192,
1-23 Government Code, as appropriate, from possessing, carrying, using,
1-24 or exhibiting a firearm.
2-1 (b) A juvenile probation officer, parole officer, or peace
2-2 officer is not required to have reasonable suspicion that the
2-3 person is possessing or carrying a firearm to conduct a search
2-4 under Subsection (a).
2-5 SECTION 2. Chapter 54, Family Code, is amended by adding
2-6 Section 54.048 to read as follows:
2-7 Sec. 54.048. FIREARM PROHIBITION AS CONDITION OF PROBATION.
2-8 If the court places a child on probation under Section 54.04(d) for
2-9 conduct that violates a penal law that includes as an element of
2-10 the offense the possession, carrying, using, or exhibiting of a
2-11 firearm, the court shall, as a condition of probation, prohibit the
2-12 child from possessing, carrying, using, or exhibiting a firearm.
2-13 SECTION 3. Subchapter F, Chapter 508, Government Code, is
2-14 amended by adding Section 508.192 to read as follows:
2-15 Sec. 508.192. FIREARM PROHIBITION AS CONDITION OF PAROLE. A
2-16 parole panel shall prohibit as a condition of parole a releasee
2-17 transferred to the custody of the pardons and paroles division for
2-18 release on parole under Section 61.084(f) or (g), Human Resources
2-19 Code, from possessing, carrying, using, or exhibiting a firearm if
2-20 the releasee is transferred for conduct that violates a penal law
2-21 that includes as an element of the offense the possession,
2-22 carrying, using, or exhibiting of a firearm.
2-23 SECTION 4. Subchapter F, Chapter 61, Human Resources Code,
2-24 is amended by adding Section 61.085 to read as follows:
2-25 Sec. 61.085. FIREARM PROHIBITION AS CONDITION OF RELEASE.
2-26 If the commission releases a child under supervision under Section
2-27 61.081(a) who was committed to the commission for conduct that
3-1 violates a penal law that includes as an element of the offense the
3-2 possession, carrying, using, or exhibiting of a firearm, the
3-3 commission shall, as a condition of release, prohibit the child
3-4 from possessing, carrying, using, or exhibiting a firearm.
3-5 SECTION 5. The change in law made by this Act applies only
3-6 to a child placed on probation under Section 54.04(d)(1), Family
3-7 Code, released under supervision under Section 61.081(a), Human
3-8 Resources Code, or transferred to the pardons and paroles division
3-9 of the Texas Department of Criminal Justice under Section 61.084(f)
3-10 or (g), Human Resources Code, on or after the effective date of
3-11 this Act.
3-12 SECTION 6. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended,
3-17 and that this Act take effect and be in force from and after its
3-18 passage, and it is so enacted.