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A BILL TO BE ENTITLED
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AN ACT
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relating to notice for certain defendants regarding the unlawful |
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possession or acquisition of a firearm or ammunition. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 14.06(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) A peace officer who is charging a person, including a |
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child, with committing an offense that is a Class C misdemeanor, |
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other than an offense under Section 49.02, Penal Code, may, instead |
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of taking the person before a magistrate, issue a citation to the |
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person that contains: |
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(1) written notice of the time and place the person |
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must appear before a magistrate; |
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(2) the name and address of the person charged; |
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(3) the offense charged; |
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(4) information regarding the alternatives to the full |
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payment of any fine or costs assessed against the person, if the |
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person is convicted of the offense and is unable to pay that amount; |
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and |
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(5) the following admonishment, in boldfaced or |
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underlined type or in capital letters: |
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"If you are convicted of a misdemeanor offense involving |
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violence where you are or were a spouse, intimate partner, parent, |
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or guardian of the victim or are or were involved in another, |
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similar relationship with the victim, it may be unlawful for you to |
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possess or acquire [purchase] a firearm, including a handgun or |
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long gun, or ammunition, pursuant to federal law under 18 U.S.C. |
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Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you |
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have any questions whether these laws make it illegal for you to |
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possess or acquire [purchase] a firearm, you should consult an |
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attorney. If you make a false statement to the court under oath |
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relating to your possession or acquisition of a firearm or |
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ammunition, you may be subject to prosecution for an offense under |
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Section 37.02, Texas Penal Code." |
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SECTION 2. Article 26.13, Code of Criminal Procedure, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) Before accepting a plea of guilty or a plea of nolo |
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contendere, the court shall admonish the defendant by using the |
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following statement: |
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"If you are convicted of a felony offense, it may be unlawful |
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for you to possess or acquire a firearm, including a handgun or long |
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gun, or ammunition, pursuant to federal law under 18 U.S.C. Section |
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922(g)(1) or Section 46.04(a), Texas Penal Code. If you have any |
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questions whether these laws make it illegal for you to possess or |
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acquire a firearm, you should consult an attorney. If you make a |
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false statement to the court under oath relating to your possession |
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or acquisition of a firearm or ammunition, you may be subject to |
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prosecution for an offense under Section 37.02, Texas Penal Code." |
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SECTION 3. Article 27.14(e)(1), Code of Criminal Procedure, |
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is amended to read as follows: |
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(e)(1) Before accepting a plea of guilty or a plea of nolo |
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contendere by a defendant charged with a misdemeanor involving |
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family violence, as defined by Section 71.004, Family Code, the |
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court shall admonish the defendant by using the following |
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statement: |
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"If you are convicted of a misdemeanor offense involving |
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violence where you are or were a spouse, intimate partner, parent, |
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or guardian of the victim or are or were involved in another, |
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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. |
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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 |
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ammunition, you may be subject to prosecution for an offense under |
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Section 37.02, Texas Penal Code." |
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SECTION 4. Article 42.0131, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42.0131. REQUIRED NOTICE REGARDING FIREARMS [FOR |
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PERSONS CONVICTED OF MISDEMEANORS INVOLVING FAMILY VIOLENCE]. If a |
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person is convicted of a misdemeanor involving family violence, as |
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defined by Section 71.004, Family Code, or of a felony, the court |
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shall notify the person of the fact that: |
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(1) it is unlawful for the person to possess or acquire |
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[transfer] a firearm or ammunition; and |
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(2) a person who makes a false statement to the court |
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under oath relating to the person's possession or acquisition of a |
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firearm or ammunition is subject to prosecution for an offense |
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under Section 37.02, Penal Code. |
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SECTION 5. (a) Article 14.06, Code of Criminal Procedure, |
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as amended by this Act, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this subsection, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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(b) Articles 26.13 and 27.14, Code of Criminal Procedure, as |
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amended by this Act, apply to a plea of guilty or a plea of nolo |
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contendere accepted by a court on or after the effective date of |
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this Act, regardless of whether the offense for which the plea was |
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accepted was committed before, on, or after that date. |
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(c) Article 42.0131, Code of Criminal Procedure, as amended |
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by this Act, applies to a judgment of conviction entered on or after |
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the effective date of this Act, regardless of whether the offense of |
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which the defendant is convicted was committed before, on, or after |
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that date. |
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SECTION 6. This Act takes effect September 1, 2023. |