| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the disposition of a firearm seized from certain |
|
|
persons with mental illness. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Articles 18.191(c) and (d), Code of Criminal |
|
|
Procedure, are amended to read as follows: |
|
|
(c) Not later than the 30th day after the date a firearm |
|
|
subject to disposition under this article is seized, the law |
|
|
enforcement agency holding the firearm shall contact the court in |
|
|
the county having jurisdiction to order commitment under Chapter |
|
|
574, Health and Safety Code, and request the disposition of the |
|
|
case. Not later than the 30th day after the date of this request, |
|
|
the clerk of the court shall advise the requesting agency whether |
|
|
the person taken into custody was released under Section 573.023 or |
|
|
574.028, Health and Safety Code, or was ordered to receive |
|
|
inpatient mental health services under Section 574.034 or 574.035, |
|
|
Health and Safety Code. |
|
|
(d) Not later than the 30th day after the date the clerk of |
|
|
the court informs a law enforcement agency holding a firearm |
|
|
subject to disposition under this article that the person taken |
|
|
into custody was released under Section 573.023 or 574.028, Health |
|
|
and Safety Code, the law enforcement agency shall: |
|
|
(1) conduct a check of state and national criminal |
|
|
history record information to verify whether the person may |
|
|
lawfully possess a firearm under 18 U.S.C. Section 922(g); and |
|
|
(2) provide written notice to the person by certified |
|
|
mail that the firearm may be returned to the person on verification |
|
|
under Subdivision (1) that the person may lawfully possess the |
|
|
firearm. |
|
|
SECTION 2. This Act takes effect September 1, 2019. |
|
|
|
|
|
* * * * * |