88R3322 JSC-D
 
  By: Ordaz 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 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.