78R1437 EMT-F
By: Moreno of El Paso H.B. No. 278
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a ballistics database for use by law
enforcement officials; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter M to read as follows:
SUBCHAPTER M. BALLISTICS DATABASE SYSTEM
Sec. 411.401. DEFINITIONS. In this subchapter:
(1) "Ballistic fingerprint" means the unique marking
left by a projectile or shell casing after a firearm is discharged.
(2) "Firearm" has the meaning assigned by Section
46.01, Penal Code.
(3) "Firearms dealer" means a person licensed as a
firearms dealer under 18 U.S.C. Chapter 44, as amended.
(4) "Manufacturer" means any person who possesses a
federal license authorizing the person to engage in the business of
manufacturing firearms or ammunition for sale or distribution.
(5) "Projectile" means that part of firearm ammunition
that is, by means of an explosion, expelled through the barrel of
the firearm.
(6) "Shell casing" means that part of firearm
ammunition that contains the primer and propellant powder to
discharge a projectile.
Sec. 411.402. DUTIES OF MANUFACTURERS AND DEALERS. (a) A
manufacturer transporting a firearm to be sold, rented, leased, or
otherwise transferred in the state shall include in the box with the
firearm in a separate sealed container:
(1) a shell casing of a projectile discharged from
that firearm; and
(2) any additional information in the manufacturer's
possession that identifies the type of firearm and shell casing
contained in the box.
(b) A manufacturer commits an offense if the manufacturer
fails to comply with Subsection (a).
(c) On receipt of a firearm from the manufacturer, a
firearms dealer shall confirm to the department that the dealer
received the firearm and sealed container.
(d) When the firearm is sold, rented, leased, or otherwise
transferred, the firearms dealer shall forward the sealed container
to the department. A firearms dealer commits an offense if the
dealer fails to comply with this subsection.
(e) An offense under this section is a Class B misdemeanor.
Sec. 411.403. BALLISTICS DATABASE. (a) The department
shall develop and maintain a computerized database to serve as the
central depository in the state for ballistic fingerprint records.
In developing the database, the department may consult with the
Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco
and Firearms of the United States Department of the Treasury to
ensure compatibility with national ballistic technology.
(b) When the department receives a sealed container under
this subchapter, including a shell casing and other identifying
information, the department shall enter the pertinent information
in the ballistics database.
(c) When a firearm is used during the commission of an
offense or immediate flight from the commission of an offense, law
enforcement officials shall submit any shell casings left from the
firearm to the department to determine if a shell casing matches any
of the information on shell casings in the ballistics database.
SECTION 2. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.021 to read as follows:
Art. 102.021. COSTS ON CONVICTION FOR OFFENSES COMMITTED
USING FIREARMS. (a) A person shall pay $50 as a court cost on
conviction of an offense:
(1) in which the possession, delivery, or use of a
firearm is an element of the offense; or
(2) for which the judgment contains an affirmative
finding that the defendant used a firearm during the commission of
an offense or immediate flight from the commission of the offense.
(b) The court shall assess and make a reasonable effort to
collect the cost due under this article whether or not any other
court cost is assessed or collected.
(c) For purposes of this article, a person is considered to
have been convicted if:
(1) a sentence is imposed; or
(2) the defendant receives community supervision or
deferred adjudication.
(d) Court costs under this article are collected in the same
manner as other fines or costs. An officer collecting the costs
shall keep separate records of the funds collected as costs under
this article and shall deposit the funds in the county treasury.
(e) The custodian of a county treasury shall:
(1) keep records of the amount of funds on deposit
collected under this article; and
(2) send to the comptroller before the last day of the
first month following each calendar quarter the funds collected
under this article during the preceding quarter.
(f) A county may retain 10 percent of the funds collected
under this article by an officer of the county as a collection fee
if the custodian of the county treasury complies with Subsection
(e).
(g) If no funds due as costs under this article are
deposited in a county treasury in a calendar quarter, the custodian
of the treasury shall file the report required for the quarter in
the regular manner and must state that no funds were collected.
(h) The comptroller shall deposit the funds received under
this article to the credit of the ballistics database account. The
ballistics database account is an account in the general revenue
fund that may be appropriated only for the purposes of developing
and maintaining the ballistics database.
(i) Funds collected under this article are subject to audit
by the comptroller.
SECTION 3. (a) This Act takes effect September 1, 2003.
(b) The change in law made by Subchapter M, Government Code,
as added by this Act, applies only to a firearm that is manufactured
on or after September 1, 2003. A firearm manufactured before
September 1, 2003, is covered by the law in effect when the firearm
was manufactured, and the former law is continued in effect for that
purpose.
(c) The change in law made by Article 102.021, Code of
Criminal Procedure, as added by this Act, applies only to an offense
committed on or after September 1, 2003. An offense committed
before September 1, 2003, is covered by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this subsection, an offense was
committed before September 1, 2003, if any element of the offense
was committed before that date.