| |
| |
|
|
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 or ammunition 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. |