By: Ordaz, Plesa H.B. No. 1617

A BILL TO BE ENTITLED

AN ACT

relating to notice for certain defendants regarding the unlawful possession or acquisition of a firearm or ammunition.

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

SECTION 1. Article 14.06(b), Code of Criminal Procedure, is amended to read as follows:

(b) A peace officer who is charging a person, including a child, with committing an offense that is a Class C misdemeanor, other than an offense under Section 49.02, Penal Code, may, instead of taking the person before a magistrate, issue a citation to the person that contains:

(1) written notice of the time and place the person must appear before a magistrate;

(2) the name and address of the person charged;

(3) the offense charged;

(4) information regarding the alternatives to the full payment of any fine or costs assessed against the person, if the person is convicted of the offense and is unable to pay that amount; and

(5) the following admonishment, in boldfaced or underlined type or in capital letters:

"If you are convicted of a misdemeanor offense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or acquire [purchase] a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any questions whether these laws make it illegal for you to possess or acquire [purchase] a firearm, you should consult an attorney. If you make a false statement to the court under oath relating to your possession or acquisition of a firearm or ammunition, you may be subject to prosecution for an offense under Section 37.02, Texas Penal Code."

SECTION 2. Article 26.13, Code of Criminal Procedure, is amended by adding Subsection (a-1) to read as follows:

(a-1) Before accepting a plea of guilty or a plea of nolo contendere, the court shall admonish the defendant by using the following statement:

"If you are convicted of a felony offense, it may be unlawful for you to possess or acquire a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(1) or Section 46.04(a), Texas Penal Code. If you have any questions whether these laws make it illegal for you to possess or acquire a firearm, you should consult an attorney. If you make a false statement to the court under oath relating to your possession or acquisition of a firearm or ammunition, you may be subject to prosecution for an offense under Section 37.02, Texas Penal Code."

SECTION 3. Article 27.14(e)(1), Code of Criminal Procedure, is amended to read as follows:

(e)(1) Before accepting a plea of guilty or a plea of nolo contendere by a defendant charged with a misdemeanor involving family violence, as defined by Section 71.004, Family Code, the court shall admonish the defendant by using the following statement:

"If you are convicted of a misdemeanor offense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or acquire [purchase] a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any questions whether these laws make it illegal for you to possess or acquire [purchase] a firearm, you should consult an attorney. If you make a false statement to the court under oath relating to your possession or acquisition of a firearm or ammunition, you may be subject to prosecution for an offense under Section 37.02, Texas Penal Code."

SECTION 4. Article 42.0131, Code of Criminal Procedure, is amended to read as follows:

Art. 42.0131. REQUIRED NOTICE REGARDING FIREARMS [FOR PERSONS CONVICTED OF MISDEMEANORS INVOLVING FAMILY VIOLENCE]. If a person is convicted of a misdemeanor involving family violence, as defined by Section 71.004, Family Code, or of a felony, the court shall notify the person of the fact that:

(1) it is unlawful for the person to possess or acquire [transfer] a firearm or ammunition; and

(2) a person who makes a false statement to the court under oath relating to the person's possession or acquisition of a firearm is subject to prosecution for an offense under Section 37.02, Penal Code.

SECTION 5. (a) Article 14.06, Code of Criminal Procedure, as amended by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

(b) Articles 26.13 and 27.14, Code of Criminal Procedure, as amended by this Act, apply to a plea of guilty or a plea of nolo contendere accepted by a court on or after the effective date of this Act, regardless of whether the offense for which the plea was accepted was committed before, on, or after that date.

(c) Article 42.0131, Code of Criminal Procedure, as amended by this Act, applies to a judgment of conviction entered on or after the effective date of this Act, regardless of whether the offense of which the defendant is convicted was committed before, on, or after that date.

SECTION 6. This Act takes effect September 1, 2023.