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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting certain orders and convictions to the |
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Department of Public Safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 7B, Code of Criminal |
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Procedure, is amended by adding Article 7B.0085 to read as follows: |
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Art. 7B.0085. REPORTING. For an original or modified |
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protective order issued under this subchapter, on receipt of the |
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order from the clerk of the court, a law enforcement agency shall |
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immediately, but not later than 48 hours after the order is |
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received, enter the information required by Section 411.042(b)(6), |
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Government Code, into the statewide law enforcement information |
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system maintained by the Department of Public Safety. |
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SECTION 2. Subchapter B, Chapter 7B, Code of Criminal |
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Procedure, is amended by adding Article 7B.054 to read as follows: |
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Art. 7B.054. REPORTING. For an original or modified |
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protective order issued under this subchapter, on receipt of the |
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order from the clerk of the court, a law enforcement agency shall |
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immediately, but not later than 48 hours after the order is |
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received, enter the information required by Section 411.042(b)(6), |
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Government Code, into the statewide law enforcement information |
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system maintained by the Department of Public Safety. |
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SECTION 3. Article 17.292(k), Code of Criminal Procedure, |
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is amended to read as follows: |
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(k) To ensure that an officer responding to a call is aware |
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of the existence and terms of an order for emergency protection |
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issued under this article, not later than 48 hours [the third |
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business day] after the [date of] receipt of the copy of the order |
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by the applicable law enforcement agency with jurisdiction over the |
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municipality or county in which the victim resides, the law |
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enforcement agency shall enter the information required by [under] |
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Section 411.042(b)(6), Government Code, into the statewide law |
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enforcement information system maintained by the Department of |
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Public Safety. |
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SECTION 4. Article 66.252, Code of Criminal Procedure, is |
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amended by amending Subsection (d) and adding Subsection (d-1) to |
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read as follows: |
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(d) Except as provided by Subsection (d-1) or (e) or as |
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otherwise required by applicable state law or rule, information or |
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data required by this chapter to be reported to the Department of |
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Public Safety or the Texas Department of Criminal Justice shall be |
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reported promptly but not later than the 30th day after the date on |
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which the information or data is received by the agency responsible |
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for reporting it. |
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(d-1) A conviction that would prohibit a person from |
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possessing a firearm under state or federal law shall be reported to |
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the Department of Public Safety not later than 48 hours after the |
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judgment of conviction is entered. |
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SECTION 5. Section 86.0011, Family Code, is amended to read |
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as follows: |
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Sec. 86.0011. DUTY TO ENTER INFORMATION INTO STATEWIDE LAW |
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ENFORCEMENT INFORMATION SYSTEM. [(a)] On receipt of an original or |
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modified protective order from the clerk of the issuing court, a law |
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enforcement agency shall immediately, but not later than 48 hours |
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[the third business day] after [the date] the order is received, |
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enter the information required by Section 411.042(b)(6), |
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Government Code, into the statewide law enforcement information |
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system maintained by the Department of Public Safety. |
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[(b) In this section, "business day" means a day other than |
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a Saturday, Sunday, or state or national holiday.] |
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SECTION 6. The change in law made by this Act applies only |
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to a protective order, magistrate's order for emergency protection, |
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or judgment of conviction entered on or after the effective date of |
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this Act. |
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SECTION 7. This Act takes effect September 1, 2021. |