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.
2-68 * * * * *