1-1 By: West S.B. No. 199
1-2 (In the Senate - Filed January 8, 2001; January 11, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 January 24, 2001, rereferred to Committee on Jurisprudence;
1-5 January 31, 2001, reported adversely, with favorable Committee
1-6 Substitute by the following vote: Yeas 6, Nays 0;
1-7 January 31, 2001, sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR S.B. No. 199 By: West
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to prohibiting the possession of firearms by certain
1-12 individuals convicted of or otherwise found to have committed
1-13 family violence; providing penalties.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Subsections (a), (b), and (g), Section 25.07,
1-16 Penal Code, are amended to read as follows:
1-17 (a) A person commits an offense if, in violation of an order
1-18 issued under Section 6.504 or Chapter 85, Family Code, under
1-19 Article 17.292, Code of Criminal Procedure, or by another
1-20 jurisdiction as provided by Chapter 88, Family Code, the person
1-21 knowingly or intentionally:
1-22 (1) commits family violence or an act in furtherance
1-23 of an offense under Section 42.072;
1-24 (2) communicates:
1-25 (A) directly with a protected individual or a
1-26 member of the family or household in a threatening or harassing
1-27 manner;
1-28 (B) a threat through any person to a protected
1-29 individual or a member of the family or household; and
1-30 (C) in any manner with the protected individual
1-31 or a member of the family or household except through the person's
1-32 attorney or a person appointed by the court, if the order prohibits
1-33 any communication with a protected individual or a member of the
1-34 family or household; [or]
1-35 (3) goes to or near any of the following places as
1-36 specifically described in the order:
1-37 (A) the residence or place of employment or
1-38 business of a protected individual or a member of the family or
1-39 household; or
1-40 (B) any child care facility, residence, or
1-41 school where a child protected by the order normally resides or
1-42 attends; or
1-43 (4) possesses a firearm.
1-44 (b) For the purposes of this section:
1-45 (1) "Family[, "family] violence," "family,"
1-46 "household," and "member of a household" have the meanings assigned
1-47 by Chapter 71, Family Code.
1-48 (2) "Firearm" has the meaning assigned by Chapter 46.
1-49 (g) An offense under this section is a Class A misdemeanor
1-50 unless it is shown on the trial of the offense that the defendant
1-51 has previously been convicted under this section two or more times
1-52 or has violated the protective order by committing an assault or
1-53 the offense of stalking, in which event the offense is a third
1-54 degree felony.
1-55 SECTION 2. Section 46.04, Penal Code, is amended to read as
1-56 follows:
1-57 Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM [BY FELON].
1-58 (a) A person who has been convicted of a felony commits an offense
1-59 if he possesses a firearm:
1-60 (1) after conviction and before the fifth anniversary
1-61 of the person's release from confinement following conviction of
1-62 the felony or the person's release from supervision under community
1-63 supervision, parole, or mandatory supervision, whichever date is
1-64 later; or
2-1 (2) after the period described by Subdivision (1), at
2-2 any location other than the premises at which the person lives.
2-3 (b) A person who has been convicted of an offense under
2-4 Section 22.01, punishable as a Class A misdemeanor and involving a
2-5 member of the person's family or household, commits an offense if
2-6 the person possesses a firearm before the fifth anniversary of the
2-7 later of:
2-8 (1) the date of the person's release from confinement
2-9 following conviction of the misdemeanor; or
2-10 (2) the date of the person's release from community
2-11 supervision following conviction of the misdemeanor.
2-12 (c) A person who is subject to an order issued under Section
2-13 6.504 or Chapter 85, Family Code, under Article 17.292, Code of
2-14 Criminal Procedure, or by another jurisdiction as provided by
2-15 Chapter 88, Family Code, commits an offense if the person possesses
2-16 a firearm after receiving notice of the order and before expiration
2-17 of the order.
2-18 (d) In this section, "family," "household," and "member of a
2-19 household" have the meanings assigned by Chapter 71, Family Code.
2-20 (e) An offense under Subsection (a) [this section] is a
2-21 felony of the third degree. An offense under Subsection (b) or (c)
2-22 is a Class A misdemeanor.
2-23 SECTION 3. Section 85.022, Family Code, is amended by
2-24 amending Subsection (b) and adding Subsection (e) to read as
2-25 follows:
2-26 (b) In a protective order, the court may prohibit the person
2-27 found to have committed family violence from:
2-28 (1) committing family violence;
2-29 (2) communicating:
2-30 (A) directly with a member of the family or
2-31 household in a threatening or harassing manner;
2-32 (B) a threat through any person to a member of
2-33 the family or household; and
2-34 (C) if the court finds good cause, in any manner
2-35 with a member of the family or household except through the party's
2-36 attorney or a person appointed by the court;
2-37 (3) going to or near the residence or place of
2-38 employment or business of a member of the family or household;
2-39 (4) going to or near the residence, child-care
2-40 facility, or school a child protected under the order normally
2-41 attends or in which the child normally resides; [and]
2-42 (5) engaging in conduct directed specifically toward a
2-43 person who is a member of the family or household, including
2-44 following the person, that is reasonably likely to harass, annoy,
2-45 alarm, abuse, torment, or embarrass the person; and
2-46 (6) possessing a firearm.
2-47 (e) In this section, "firearm" has the meaning assigned by
2-48 Section 46.01, Penal Code.
2-49 SECTION 4. Subsections (c), (g), and (m), Article 17.292,
2-50 Code of Criminal Procedure, are amended to read as follows:
2-51 (c) The magistrate in the order for emergency protection may
2-52 prohibit the arrested party from:
2-53 (1) committing:
2-54 (A) family violence or an assault on the person
2-55 protected under the order; or
2-56 (B) an act in furtherance of an offense under
2-57 Section 42.072, Penal Code;
2-58 (2) communicating:
2-59 (A) directly with a member of the family or
2-60 household or with the person protected under the order in a
2-61 threatening or harassing manner; or
2-62 (B) a threat through any person to a member of
2-63 the family or household or to the person protected under the order;
2-64 [or]
2-65 (3) going to or near:
2-66 (A) the residence, place of employment, or
2-67 business of a member of the family or household or of the person
2-68 protected under the order; or
2-69 (B) the residence, child care facility, or
3-1 school where a child protected under the order resides or attends;
3-2 or
3-3 (4) possessing a firearm.
3-4 (g) An order for emergency protection issued under this
3-5 article must contain the following statements printed in bold-face
3-6 type or in capital letters:
3-7 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
3-8 BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
3-9 CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
3-10 RESULTS IN FAMILY VIOLENCE OR A STALKING OFFENSE MAY BE PROSECUTED
3-11 AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS
3-12 PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY
3-13 CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. THE POSSESSION OF A
3-14 FIREARM BY A PERSON SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A
3-15 SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.
3-16 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
3-17 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
3-18 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
3-19 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
3-20 UNLESS A COURT CHANGES THE ORDER."
3-21 (m) In this article:
3-22 (1) "Family[, "family]," "family violence," and
3-23 "household" have the meanings assigned by Chapter 71, Family Code.
3-24 (2) "Firearm" has the meaning assigned by Chapter 46,
3-25 Penal Code.
3-26 SECTION 5. This Act takes effect September 1, 2001.
3-27 * * * * *