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


Senate Research Center   S.B. 199
77R2550 GWK-FBy: West
Jurisprudence
1/24/2001
As Filed

        
DIGEST AND PURPOSE        

Under current 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.  As proposed, S.B. 199 codifies
into Texas statutes the federal prohibition against possession of a firearm
by an individual 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 of more times or has
violated the protective order by committing an assault or the offense of
stalking or possessing a firearm, 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, other than a felony
described by Subsection (b), 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 or 22.02, punishable by confinement or imprisonment and
involving a member of the person's family or household, commits an offense
if the person possesses a firearm. 

(c)  Makes a conforming change.
 
 (d)  Defines "family," "household," and "member of a household.".

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.  Effective date: September 1, 2001.