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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of certain orders and convictions to the |
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Department of Public Safety and Federal Bureau of Investigation for |
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use with the National Instant Criminal Background Check System for |
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the transfer of firearms. |
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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 the third business day after the |
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date the order is received, enter the information required by |
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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 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 the third business day after the |
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date the order is received, enter the information required by |
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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 3. Article 66.252, Code of Criminal Procedure, is |
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amended by amending Subsections (b) and (d) and adding Subsections |
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(d-1) and (h) to read as follows: |
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(b) The arresting law enforcement agency shall prepare a |
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uniform incident fingerprint card described by Article 66.251 and |
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initiate the reporting process for each offender charged with: |
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(1) a felony; |
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(2) a misdemeanor for which a term of confinement may |
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be imposed; or |
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(3) a misdemeanor punishable by fine only that |
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involves family violence[, as defined by Section 71.004, Family |
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Code]. |
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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 for an offense involving family violence |
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that would prohibit a person from possessing a firearm under state |
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or federal law shall be reported to the Department of Public Safety |
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not later than the fifth calendar day after the date the judgment of |
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conviction is entered. |
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(h) For purposes of this article, "family violence" has the |
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meaning assigned by Section 71.004, Family Code. |
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SECTION 4. Subchapter D, Chapter 411, Government Code, is |
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amended by adding Section 411.0525 to read as follows: |
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Sec. 411.0525. REPORTING OF CERTAIN PROTECTIVE ORDERS AND |
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FAMILY VIOLENCE MISDEMEANOR CONVICTIONS. (a) In this section: |
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(1) "Family violence misdemeanor" means a misdemeanor |
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crime of domestic violence as defined by 18 U.S.C. Section 921. |
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(2) "Protective order" means a court order described |
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by 18 U.S.C. Section 922(g)(8). |
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(b) The department shall report to the Federal Bureau of |
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Investigation for use with the National Instant Criminal Background |
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Check System each protective order and each conviction for a family |
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violence misdemeanor not later than the fifth calendar day after |
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the date the department receives information that the protective |
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order or judgment of conviction was entered. |
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SECTION 5. Articles 7B.0085, 7B.054, and 66.252(d-1), Code |
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of Criminal Procedure, as added by this Act, apply only to a |
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protective order or judgment of conviction entered on or after the |
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effective date of this Act. |
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SECTION 6. Section 411.0525, Government Code, as added by |
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this Act, applies only to information received by the Department of |
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Public Safety of the State of Texas on or after the effective date |
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of this Act. |
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SECTION 7. This Act takes effect September 1, 2023. |