By: West, Van de Putte S.B. No. 199
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prohibiting the possession of firearms by certain
1-3 individuals convicted of or otherwise found to have committed
1-4 family violence; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsections (a), (b), and (g), Section 25.07,
1-7 Penal Code, are amended to read as follows:
1-8 (a) A person commits an offense if, in violation of an order
1-9 issued under Section 6.504 or Chapter 85, Family Code, under
1-10 Article 17.292, Code of Criminal Procedure, or by another
1-11 jurisdiction as provided by Chapter 88, Family Code, the person
1-12 knowingly or intentionally:
1-13 (1) commits family violence or an act in furtherance
1-14 of an offense under Section 42.072;
1-15 (2) communicates:
1-16 (A) directly with a protected individual or a
1-17 member of the family or household in a threatening or harassing
1-18 manner;
1-19 (B) a threat through any person to a protected
1-20 individual or a member of the family or household; and
1-21 (C) in any manner with the protected individual
1-22 or a member of the family or household except through the person's
1-23 attorney or a person appointed by the court, if the order prohibits
1-24 any communication with a protected individual or a member of the
1-25 family or household; [or]
2-1 (3) goes to or near any of the following places as
2-2 specifically described in the order:
2-3 (A) the residence or place of employment or
2-4 business of a protected individual or a member of the family or
2-5 household; or
2-6 (B) any child care facility, residence, or
2-7 school where a child protected by the order normally resides or
2-8 attends; or
2-9 (4) possesses a firearm.
2-10 (b) For the purposes of this section:
2-11 (1) "Family[, "family] violence," "family,"
2-12 "household," and "member of a household" have the meanings assigned
2-13 by Chapter 71, Family Code.
2-14 (2) "Firearm" has the meaning assigned by Chapter 46.
2-15 (g) An offense under this section is a Class A misdemeanor
2-16 unless it is shown on the trial of the offense that the defendant
2-17 has previously been convicted under this section two or more times
2-18 or has violated the protective order by committing an assault or
2-19 the offense of stalking, in which event the offense is a third
2-20 degree felony.
2-21 SECTION 2. Section 46.04, Penal Code, is amended to read as
2-22 follows:
2-23 Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM [BY FELON].
2-24 (a) A person who has been convicted of a felony commits an offense
2-25 if he possesses a firearm:
2-26 (1) after conviction and before the fifth anniversary
3-1 of the person's release from confinement following conviction of
3-2 the felony or the person's release from supervision under community
3-3 supervision, parole, or mandatory supervision, whichever date is
3-4 later; or
3-5 (2) after the period described by Subdivision (1), at
3-6 any location other than the premises at which the person lives.
3-7 (b) A person who has been convicted of an offense under
3-8 Section 22.01, punishable as a Class A misdemeanor and involving a
3-9 member of the person's family or household, commits an offense if
3-10 the person possesses a firearm before the fifth anniversary of the
3-11 later of:
3-12 (1) the date of the person's release from confinement
3-13 following conviction of the misdemeanor; or
3-14 (2) the date of the person's release from community
3-15 supervision following conviction of the misdemeanor.
3-16 (c) A person, other than a peace officer, as defined by
3-17 Section 1.07, actively engaged in employment as a sworn, full-time
3-18 paid employee of a state agency or political subdivision, who is
3-19 subject to an order issued under Section 6.504 or Chapter 85,
3-20 Family Code, under Article 17.292, Code of Criminal Procedure, or
3-21 by another jurisdiction as provided by Chapter 88, Family Code,
3-22 commits an offense if the person possesses a firearm after
3-23 receiving notice of the order and before expiration of the order.
3-24 (d) In this section, "family," "household," and "member of a
3-25 household" have the meanings assigned by Chapter 71, Family Code.
3-26 (e) An offense under Subsection (a) [this section] is a
4-1 felony of the third degree. An offense under Subsection (b) or (c)
4-2 is a Class A misdemeanor.
4-3 SECTION 3. Section 85.022, Family Code, is amended by
4-4 amending Subsection (b) and adding Subsection (e) to read as
4-5 follows:
4-6 (b) In a protective order, the court may prohibit the person
4-7 found to have committed family violence from:
4-8 (1) committing family violence;
4-9 (2) communicating:
4-10 (A) directly with a member of the family or
4-11 household in a threatening or harassing manner;
4-12 (B) a threat through any person to a member of
4-13 the family or household; and
4-14 (C) if the court finds good cause, in any manner
4-15 with a member of the family or household except through the party's
4-16 attorney or a person appointed by the court;
4-17 (3) going to or near the residence or place of
4-18 employment or business of a member of the family or household;
4-19 (4) going to or near the residence, child-care
4-20 facility, or school a child protected under the order normally
4-21 attends or in which the child normally resides; [and]
4-22 (5) engaging in conduct directed specifically toward a
4-23 person who is a member of the family or household, including
4-24 following the person, that is reasonably likely to harass, annoy,
4-25 alarm, abuse, torment, or embarrass the person; and
4-26 (6) possessing a firearm, unless the person is a peace
5-1 officer, as defined by Section 1.07, Penal Code, actively engaged
5-2 in employment as a sworn, full-time paid employee of a state agency
5-3 or political subdivision.
5-4 (e) In this section, "firearm" has the meaning assigned by
5-5 Section 46.01, Penal Code.
5-6 SECTION 4. Subsections (c), (g), and (m), Article 17.292,
5-7 Code of Criminal Procedure, are amended to read as follows:
5-8 (c) The magistrate in the order for emergency protection may
5-9 prohibit the arrested party from:
5-10 (1) committing:
5-11 (A) family violence or an assault on the person
5-12 protected under the order; or
5-13 (B) an act in furtherance of an offense under
5-14 Section 42.072, Penal Code;
5-15 (2) communicating:
5-16 (A) directly with a member of the family or
5-17 household or with the person protected under the order in a
5-18 threatening or harassing manner; or
5-19 (B) a threat through any person to a member of
5-20 the family or household or to the person protected under the order;
5-21 [or]
5-22 (3) going to or near:
5-23 (A) the residence, place of employment, or
5-24 business of a member of the family or household or of the person
5-25 protected under the order; or
5-26 (B) the residence, child care facility, or
6-1 school where a child protected under the order resides or attends;
6-2 or
6-3 (4) possessing a firearm, unless the person is a peace
6-4 officer, as defined by Section 1.07, Penal Code, actively engaged
6-5 in employment as a sworn, full-time paid employee of a state agency
6-6 or political subdivision.
6-7 (g) An order for emergency protection issued under this
6-8 article must contain the following statements printed in bold-face
6-9 type or in capital letters:
6-10 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
6-11 BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
6-12 CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT
6-13 THAT RESULTS IN FAMILY VIOLENCE OR A STALKING OFFENSE MAY BE
6-14 PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT
6-15 IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY
6-16 CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. THE POSSESSION OF A
6-17 FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY
6-18 SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A
6-19 SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
6-20 SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A
6-21 SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.
6-22 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
6-23 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
6-24 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
6-25 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
6-26 UNLESS A COURT CHANGES THE ORDER."
7-1 (m) In this article:
7-2 (1) "Family[, "family]," "family violence," and
7-3 "household" have the meanings assigned by Chapter 71, Family Code.
7-4 (2) "Firearm" has the meaning assigned by Chapter 46,
7-5 Penal Code.
7-6 SECTION 5. Subsection (a), Section 85.026, Family Code, is
7-7 amended to read as follows:
7-8 (a) Each protective order issued under this subtitle,
7-9 including a temporary ex parte order, must contain the following
7-10 prominently displayed statements in boldfaced type, capital
7-11 letters, or underlined:
7-12 "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
7-13 CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
7-14 JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
7-15 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
7-16 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
7-17 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
7-18 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
7-19 UNLESS A COURT CHANGES THE ORDER."
7-20 "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER,
7-21 AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN
7-22 EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR
7-23 POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO
7-24 POSSESS A FIREARM OR AMMUNITION."
7-25 SECTION 6. This Act takes effect September 1, 2001.