By: Johnson of Dallas H.B. No. 3671

A BILL TO BE ENTITLED

AN ACT

relating to the reporting of certain orders and convictions to the Department of Public Safety and Federal Bureau of Investigation for use with the National Instant Criminal Background Check System for the transfer of firearms.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 7B, Code of Criminal Procedure, is amended by adding Article 7B.0085 to read as follows:

Art. 7B.0085. REPORTING. For an original or modified protective order issued under this subchapter, on receipt of the order from the clerk of the court, a law enforcement agency shall immediately, but not later than the third business day after the date the order is received, enter the information required by Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety.

SECTION 2. Subchapter B, Chapter 7B, Code of Criminal Procedure, is amended by adding Article 7B.054 to read as follows:

Art. 7B.054. REPORTING. For an original or modified protective order issued under this subchapter, on receipt of the order from the clerk of the court, a law enforcement agency shall immediately, but not later than the third business day after the date the order is received, enter the information required by Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety.

SECTION 3. Article 66.252, Code of Criminal Procedure, is amended by amending Subsections (b) and (d) and adding Subsections (d-1) and (h) to read as follows:

(b) The arresting law enforcement agency shall prepare a uniform incident fingerprint card described by Article 66.251 and initiate the reporting process for each offender charged with:

(1) a felony;

(2) a misdemeanor for which a term of confinement may be imposed; or

(3) a misdemeanor punishable by fine only that involves family violence[, as defined by Section 71.004, Family Code].

(d) Except as provided by Subsection (d-1) or (e) or as otherwise required by applicable state law or rule, information or data required by this chapter to be reported to the Department of Public Safety or the Texas Department of Criminal Justice shall be reported promptly but not later than the 30th day after the date on which the information or data is received by the agency responsible for reporting it.

(d-1) A conviction for an offense involving family violence that would prohibit a person from possessing a firearm under state or federal law shall be reported to the Department of Public Safety not later than the seventh calendar day after the date the judgment of conviction is entered.

(h) For purposes of this article, "family violence" has the meaning assigned by Section 71.004, Family Code.

SECTION 4. Subchapter D, Chapter 411, Government Code, is amended by adding Section 411.0525 to read as follows:

Sec. 411.0525. REPORTING OF PROTECTIVE ORDERS AND FAMILY VIOLENCE CONVICTIONS. (a) In this section:

(1) "Family violence" has the meaning assigned by Section 71.004, Family Code.

(2) "Protective order" means:

(A) a protective order issued under Title 4, Family Code, or Chapter 7B, Code of Criminal Procedure; or

(B) a magistrate's order for emergency protection issued under Article 17.292, Code of Criminal Procedure.

(b) The department shall report to the Federal Bureau of Investigation for use with the National Instant Criminal Background Check System each protective order and each conviction for an offense involving family violence not later than the seventh calendar day after the date the department receives information that the protective order or judgment of conviction was entered.

SECTION 5. Articles 7B.0085, 7B.054, and 66.252(d-1), Code of Criminal Procedure, as added by this Act, apply only to a protective order, magistrate's order for emergency protection, or judgment of conviction entered on or after the effective date of this Act.

SECTION 6. Section 411.0525, Government Code, as added by this Act, applies only to information received by the Department of Public Safety of the State of Texas on or after the effective date of this Act.

SECTION 7. This Act takes effect September 1, 2021.