SRC-JEC S.B. 610 77(R)BILL ANALYSIS


Senate Research CenterS.B. 610
By: Bernsen
Jurisprudence
6/21/2001
Enrolled


DIGEST AND PURPOSE 

Currently, federal law prohibits any person who has been convicted in any
country of an offense punishable by imprisonment for a term exceeding one
year from possessing a firearm or ammunition. State law prohibits a person
convicted of a felony from possessing a firearm.  S.B. 610 provides a
procedure by which a person who has been convicted in another country of a
firearms offense that is not equivalent to a felony under state law can
apply for restoration of their civil rights.  It also requires an
individual making application to have completed the sentence for the
offense, and the conviction for the offense must have occurred two or more
years before the application. 

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 Articles 48.05(a), (b), (c), (d), and (k), Code of
Criminal Procedure, as follows: 

(a)(1)  Authorizes an individual convicted of an offense described by
Subdivision (2), rather than a federal offense other than an offense
involving violence or the threat of violence of involving drugs or
firearms, except as provided by Subsection (b) of this article, to submit
an application for restoration of any civil rights forfeited under the laws
of this state as a result of the conviction.  (a)(2) Describes certain
offenses to which this article applies. 

(b)  Prohibits an individual from applying for restoration of civil rights
under this article unless certain conditions are met, including that the
conviction occurred three or more years before the date of application, if
the offense is a federal offense, or two or more years before the date of
the application, if the offense is an offense under the laws of another
country. 

 (c)  Makes a conforming change.

 (d)  Makes a conforming change.

 (k)  Makes a conforming change.

SECTION 2.  Makes application of this Act retroactive.

SECTION 3.  Effective date: upon passage or September 1, 2001.