By West S.B. No. 199
77R2550 GWK-F
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.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 25.07(a), (b), and (g), Penal Code, are
1-7 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
2-1 family or household; [or]
2-2 (3) goes to or near any of the following places as
2-3 specifically described in the order:
2-4 (A) the residence or place of employment or
2-5 business of a protected individual or a member of the family or
2-6 household; or
2-7 (B) any child care facility, residence, or
2-8 school where a child protected by the order normally resides or
2-9 attends; or
2-10 (4) possesses a firearm.
2-11 (b) For the purposes of this section:
2-12 (1) "Family[, "family] violence," "family,"
2-13 "household," and "member of a household" have the meanings assigned
2-14 by Chapter 71, Family Code.
2-15 (2) "Firearm" has the meaning assigned by Chapter 46.
2-16 (g) An offense under this section is a Class A misdemeanor
2-17 unless it is shown on the trial of the offense that the defendant
2-18 has previously been convicted under this section two or more times
2-19 or has violated the protective order by committing an assault or
2-20 the offense of stalking or possessing a firearm, in which event the
2-21 offense is a third degree felony.
2-22 SECTION 2. Section 46.04, Penal Code, is amended to read as
2-23 follows:
2-24 Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM [BY FELON].
2-25 (a) A person who has been convicted of a felony, other than a
2-26 felony described by Subsection (b), commits an offense if he
2-27 possesses a firearm:
3-1 (1) after conviction and before the fifth anniversary
3-2 of the person's release from confinement following conviction of
3-3 the felony or the person's release from supervision under community
3-4 supervision, parole, or mandatory supervision, whichever date is
3-5 later; or
3-6 (2) after the period described by Subdivision (1), at
3-7 any location other than the premises at which the person lives.
3-8 (b) A person who has been convicted of an offense under
3-9 Section 22.01 or 22.02, punishable by confinement or imprisonment
3-10 and involving a member of the person's family or household, commits
3-11 an offense if the person possesses a firearm.
3-12 (c) A person who is subject to an order issued under Section
3-13 6.504 or Chapter 85, Family Code, under Article 17.292, Code of
3-14 Criminal Procedure, or by another jurisdiction as provided by
3-15 Chapter 88, Family Code, commits an offense if the person possesses
3-16 a firearm after receiving notice of the order and before expiration
3-17 of the order.
3-18 (d) In this section, "family," "household," and "member of a
3-19 household" have the meanings assigned by Chapter 71, Family Code.
3-20 (e) An offense under this section is a felony of the third
3-21 degree.
3-22 SECTION 3. Section 85.022, Family Code, is amended by
3-23 amending Subsection (b) and adding Subsection (e) to read as
3-24 follows:
3-25 (b) In a protective order, the court may prohibit the person
3-26 found to have committed family violence from:
3-27 (1) committing family violence;
4-1 (2) communicating:
4-2 (A) directly with a member of the family or
4-3 household in a threatening or harassing manner;
4-4 (B) a threat through any person to a member of
4-5 the family or household; and
4-6 (C) if the court finds good cause, in any manner
4-7 with a member of the family or household except through the party's
4-8 attorney or a person appointed by the court;
4-9 (3) going to or near the residence or place of
4-10 employment or business of a member of the family or household;
4-11 (4) going to or near the residence, child-care
4-12 facility, or school a child protected under the order normally
4-13 attends or in which the child normally resides; [and][or]
5-10 (3) going to or near:
5-11 (A) the residence, place of employment, or
5-12 business of a member of the family or household or of the person
5-13 protected under the order; or
5-14 (B) the residence, child care facility, or
5-15 school where a child protected under the order resides or attends;
5-16 or
5-17 (4) possessing a firearm.
5-18 (g) An order for emergency protection issued under this
5-19 article must contain the following statements printed in bold-face
5-20 type or in capital letters:
5-21 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
5-22 BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
5-23 CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
5-24 RESULTS IN FAMILY VIOLENCE OR A STALKING OFFENSE MAY BE PROSECUTED
5-25 AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS
5-26 PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY
5-27 CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. THE POSSESSION OF A
6-1 FIREARM BY A PERSON SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A
6-2 SEPARATE FELONY OFFENSE PUNISHABLE BY CONFINEMENT IN PRISON FOR AT
6-3 LEAST TWO YEARS.
6-4 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
6-5 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
6-6 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
6-7 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
6-8 UNLESS A COURT CHANGES THE ORDER."
6-9 (m) In this article:
6-10 (1) "Family[, "family]," "family violence," and
6-11 "household" have the meanings assigned by Chapter 71, Family Code.
6-12 (2) "Firearm" has the meaning assigned by Chapter 46,
6-13 Penal Code.
6-14 SECTION 5. This Act takes effect September 1, 2001.