BILL ANALYSIS

H.B. 544

By: Johnson, Julie

Community Safety, Select

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The National Instant Criminal Background Check System (NICS) is an FBI-run national system that checks available records on people who may be disqualified from purchasing firearms. The NICS looks for anything that would disqualify a person from purchasing or possessing a firearm, such as a history of criminal or mental health issues, domestic violence convictions, unlawful immigration status, dishonorable military discharges, or drug use. Currently, there are clear laws requiring clerks of the court to forward records of mental health disqualifications to the Department of Public Safety (DPS), which then supplies the information to the FBI for inclusion in the NICS. It has been suggested that the state needs to do more to ensure that pertinent information about protective orders and family violence convictions is also being entered into the NICS. H.B. 544 seeks to clarify law enforcement reporting requirements and ensure that DPS provides relevant information to the FBI in a timely manner.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 544 amends the Code of Criminal Procedure to require a conviction for an offense involving family violence that would prohibit a person from possessing a firearm under state or federal law to be reported to the Department of Public Safety (DPS) not later than the fifth calendar day after the date the judgment of conviction is entered. This requirement applies only with respect to a judgment of conviction entered on or after the bill's effective date.

H.B. 544 includes in Code of Criminal Procedure provisions relating to a stalking protective order or a protective order for victims of sexual assault or abuse, indecent assault, stalking, or trafficking of persons the requirement established by the Family Code for a law enforcement agency, immediately on receipt of such an order but not later than the third business day after the date of receipt, to enter all requisite information about the order, the person to whom the order is directed, and the person protected by the order into the statewide law enforcement information system maintained by DPS. This requirement applies only with respect to a protective order entered on or after the bill's effective date.

H.B. 544 amends the Government Code to require DPS to report each protective order and each conviction for a family violence misdemeanor to the FBI for use with the National Instant Criminal Background Check System not later than the fifth calendar day after the date DPS receives information that the protective order or judgment of conviction was entered. The bill defines "protective order" and "family violence misdemeanor" by reference to applicable federal law for purposes of this requirement. These provisions apply only to information received by DPS on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.