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.