HBA-CBW S.B. 199 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 199 By: West, Royce Criminal Jurisprudence 3/18/2001 Engrossed BACKGROUND AND PURPOSE Under current state law, it is an offense to sell or transfer a firearm to someone subject to a protective order, and under current federal law, it is an offense to possess a firearm while under a protective order or after a misdemeanor family violence conviction. There are no state provisions that regulate the possession of a firearm while under a protective order or after certain family violence convictions. Senate Bill 199 prohibits an individual under a protective order or convicted of certain family violence offenses from possessing a firearm. 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. ANALYSIS Senate Bill 199 amends the Penal Code, Family Code, and Code of Criminal Procedure to prohibit a person subject to a protective order or convicted of an offense involving family violence from possessing a firearm. The bill provides that a person who has been convicted of an assault, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of the person's release from confinement or community supervision (Sec. 46.04, Penal Code). The bill provides that a person, other than a peace officer, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is under a protective order, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order (Sec. 46.04, Penal Code; Sec. 85.022, Family Code; and Art. 17.292; Code of Criminal Procedure). Senate Bill 199 sets forth language which must appear on an emergency protection order and each protective order (Art. 17.292, Code of Criminal Procedure; and Sec. 85.026, Family Code, respectively). EFFECTIVE DATE September 1, 2001.