SRC-JBJ, JEC, S.B. 199 77(R)BILL ANALYSIS


Senate Research CenterS.B. 199
By: West, Royce
Criminal Justice
6/15/2001
Enrolled

        
DIGEST AND PURPOSE 

Under Texas law, it is an offense to sell or transfer a firearm to someone
subject to a protective order, yet 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.  S.B. 199 codifies into Texas
statutes the federal prohibition against possession of a firearm by an
individual, other than a peace officer, under a protective order or after a
conviction for certain family violence offenses and enhances local law
enforcement's authority to regulate the possession of firearms by family
violence offenders. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 25.07(a),(b), and (g), Penal Code, as follows:

(a)  Provides that a person commits an offense if, in violation of an order
issued under Section 6.504 or Chapter 85 (Issuance of Protective Order),
Family Code, under Article 17.292 (Magistrate's Order for Emergency
Protection), Code of Criminal Procedure, or by another jurisdiction as
provided by Chapter 88 (Protective Order From Another Jurisdiction), Family
Code, the person knowingly or intentionally commits certain specific acts,
including possessing a firearm. 

(b)  Defines "family violence," "family," "household," "member of a
household," and "firearm." 

(g)  Provides that an offense under this section is a Class A misdemeanor
unless it is shown on the trial of the offense that the defendant has
previously been convicted under this section two or more times or has
violated the protective order by committing an assault or the offense of
stalking, in which event the offense is a third degree felony. 

SECTION 2.  Amends Section 46.04, Penal Code, as follows:

Sec. 46.04.  New heading: UNLAWFUL POSSESSION OF FIREARM.  (a)  Provides
that a person who has been convicted of a felony commits an offense if the
person possesses a firearm under certain conditions. 

(b)  Provides that a person who has been convicted of an offense under
Section 22.01, 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 date
of the person's release from confinement following conviction of the
misdemeanor; or the date of the person's release from community supervision
following  conviction of the misdemeanor. 

(c)  Provides that a person, other than a peace officer, under certain
conditions, who is subject to an order issued under Section 6.504 or
Chapter 85, Family Code, under Article 17.292, Code of Criminal Procedure,
or by another jurisdiction as provided by Chapter 88, Family Code, commits
an offense if the person possesses a firearm after receiving notice of the
order and before expiration of the order. 

 (d)  Defines "family," "household," and "member of a household."

(e)  Provides that an offense under Subsection (a), rather than this
section, is a felony of the third degree.  Provides that an offense under
Subsection (b) or (c) is a Class A misdemeanor. 

SECTION 3.  Amends Section 85.022, Family Code, by amending Subsection (b)
and adding Subsection (e), to make a conforming change.  Defines "firearm." 

SECTION 4.  Amends Subsections (c), (g) and (m), Article 17.292, Code of
Criminal Procedure, to make conforming changes.  Defines "family," "family
violence," "household," and "firearm." 

SECTION 5.  Amends Section 85.026(a), Family Code, to make a conforming
change. 

SECTION 6.  Effective date: September 1, 2001.