1-1     By:  Nelson                                            S.B. No. 588
 1-2           (In the Senate - Filed February 17, 1999; February 22, 1999,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     March 1, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; March 1, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 588                   By:  Nelson
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the suspension of a license to carry a concealed
1-11     handgun issued to a person who commits family violence.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 85.022, Family Code, is amended by adding
1-14     Subsection (d) to read as follows:
1-15           (d)  In a protective order, the court may suspend a license
1-16     to carry a concealed handgun issued under Section 411.177,
1-17     Government Code, that is held by a person found to have committed
1-18     family violence.
1-19           SECTION 2.  Section 85.042, Family Code, is amended by adding
1-20     Subsection (e) to read as follows:
1-21           (e)  The clerk of the court issuing an original or modified
1-22     protective order under Section 85.022 that suspends a license to
1-23     carry a concealed handgun shall send a copy of the order to the
1-24     appropriate division of the Department of Public Safety at its
1-25     Austin headquarters.  On receipt of the order suspending the
1-26     license, the department shall:
1-27                 (1)  record the suspension of the license in the
1-28     records of the department;
1-29                 (2)  report the suspension to local law enforcement
1-30     agencies, as appropriate; and
1-31                 (3)  demand surrender of the suspended license from the
1-32     license holder.
1-33           SECTION 3.  Article 17.292, Code of Criminal Procedure, is
1-34     amended by amending Subsection (k) and adding Subsection (l) to
1-35     read as follows:
1-36           (k)  In the order for emergency protection, the magistrate
1-37     may suspend a license to carry a concealed handgun issued under
1-38     Section 411.177, Government Code, that is held by the defendant.
1-39           (l)  In this article, "family," "family violence," and
1-40     "household" have the meanings assigned by Chapter 71 [Section
1-41     71.01], Family Code.
1-42           SECTION 4.  Chapter 17, Code of Criminal Procedure, is
1-43     amended by adding Article 17.293 to read as follows:
1-44           Art. 17.293.  DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO
1-45     OTHER PERSONS.  The magistrate or the clerk of the magistrate's
1-46     court issuing an order for emergency protection under Article
1-47     17.292 that suspends a license to carry a concealed handgun shall
1-48     immediately send a copy of the order to the appropriate division of
1-49     the Department of Public Safety at its Austin headquarters.  On
1-50     receipt of the order suspending the license, the department shall:
1-51                 (1)  record the suspension of the license in the
1-52     records of the department;
1-53                 (2)  report the suspension to local law enforcement
1-54     agencies, as appropriate; and
1-55                 (3)  demand surrender of the suspended license from the
1-56     license holder.
1-57           SECTION 5.  Section 411.180, Government Code, is amended by
1-58     adding Subsection (i) to read as follows:
1-59           (i)  This section does not apply to a suspension of a license
1-60     under Section 85.022, Family Code, or Article 17.292, Code of
1-61     Criminal Procedure.
1-62           SECTION 6.  Subsections (a) and (c), Section 411.187,
1-63     Government Code, are amended to read as follows:
1-64           (a)  A license may be suspended under this section if the
 2-1     license holder:
 2-2                 (1)  is charged with the commission of a Class A or
 2-3     Class B misdemeanor or an offense under Section 42.01, Penal Code,
 2-4     or of a felony under an information or indictment;
 2-5                 (2)  fails to display a license as required by Section
 2-6     411.205;
 2-7                 (3)  fails to notify the department of a change of
 2-8     address or name as required by Section 411.181;
 2-9                 (4)  carries a concealed handgun under the authority of
2-10     this subchapter of a different category than the license holder is
2-11     licensed to carry; [or]
2-12                 (5)  fails to return a previously issued license after
2-13     a license is modified as required by Section 411.184(d);
2-14                 (6)  commits an act of family violence and is the
2-15     subject of an active protective order rendered under Title 4,
2-16     Family Code; or
2-17                 (7)  is arrested for an offense involving family
2-18     violence or an offense under Section 42.072, Penal Code, and is the
2-19     subject of an order for emergency protection issued under Article
2-20     17.292, Code of Criminal Procedure.
2-21           (c)  A license may be suspended under this section:
2-22                 (1)  for 30 days, if the person's license is subject to
2-23     suspension for a reason listed in Subsection (a)(3), (4), or (5),
2-24     except as provided by Subdivision (3);
2-25                 (2)  for 90 days, if the person's license is subject to
2-26     suspension for a reason listed in Subsection (a)(2), except as
2-27     provided by Subdivision (3);
2-28                 (3)  for not less than one year and not more than three
2-29     years if the person's license is subject to suspension for a reason
2-30     listed in Subsection (a), other than the reason listed in
2-31     Subsection (a)(1), and the person's license has been previously
2-32     suspended for the same reason; [or]
2-33                 (4)  until dismissal of the charges if the person's
2-34     license is subject to suspension for the reason listed in
2-35     Subsection (a)(1); or
2-36                 (5)  for the duration of or the period specified by:
2-37                       (A)  the protective order issued under Title 4,
2-38     Family Code, if the person's license is subject to suspension for
2-39     the reason listed in Subsection (a)(6); or
2-40                       (B)  the order for emergency protection issued
2-41     under Article 17.292, Code of Criminal Procedure, if the person's
2-42     license is subject to suspension for the reason listed in
2-43     Subsection (a)(7).
2-44           SECTION 7.  (a)  In accordance with Subsection (c), Section
2-45     311.031, Government Code, which gives effect to a substantive
2-46     amendment enacted by the same legislature that codifies the amended
2-47     statute, the text of Subsections (a) and (c), Section 411.187,
2-48     Government Code, as set out in Section 6 of this Act, gives effect
2-49     to changes made by Chapter 1261, Acts of the 75th Legislature,
2-50     Regular Session, 1997.
2-51           (b)  To the extent of any conflict, this Act prevails over
2-52     another Act of the 76th Legislature, Regular Session, 1999,
2-53     relating to nonsubstantive additions to and corrections in enacted
2-54     codes.
2-55           SECTION 8.  (a)  This Act takes effect September 1, 1999.
2-56           (b)  The changes in law made by this Act to Section 85.022,
2-57     Family Code, and Section 411.187, Government Code, apply only to an
2-58     act of family violence committed on or after the effective date of
2-59     this Act.
2-60           (c)  The change in law made by this Act to Article 17.292,
2-61     Code of Criminal Procedure, applies only to a defendant who appears
2-62     before a magistrate on or after the effective date of this Act.
2-63           SECTION 9.  The importance of this legislation and the
2-64     crowded condition of the calendars in both houses create an
2-65     emergency and an imperative public necessity that the
2-66     constitutional rule requiring bills to be read on three several
2-67     days in each house be suspended, and this rule is hereby suspended.
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