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.