Bill Text: TX HB3191 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to requiring a person who is the subject of a family violence protective order or arrested for or charged with an offense involving family violence to surrender firearms owned by the person.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-10 - Left pending in committee [HB3191 Detail]

Download: Texas-2019-HB3191-Introduced.html
  86R8070 TSS-F
 
  By: Moody H.B. No. 3191
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring a person who is the subject of a family
  violence protective order or arrested for or charged with an
  offense involving family violence to surrender firearms owned by
  the person.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 236, Local Government Code, is amended
  by adding Section 236.004 to read as follows:
         Sec. 236.004.  COUNTY TASK FORCES FOR SURRENDER AND RETURN
  OF FIREARMS DUE TO FAMILY VIOLENCE. (a) In this section:
               (1)  "Family violence center" means a public or private
  nonprofit organization that provides, as its primary purpose,
  services to victims of family violence, including the services
  under Section 51.005(b)(3), Human Resources Code.
               (2)  "Firearm" has the meaning assigned by Section
  46.01, Penal Code. 
               (3)  "Task force" means a task force for the surrender
  and return of firearms due to family violence, as created by a
  county under this section.
               (4)  "Victim of family violence" has the meaning
  assigned by Section 51.002, Human Resources Code. 
         (b)  Each county commissioners court shall establish a task
  force for the surrender and return of firearms due to family
  violence, including the following members if applicable for the
  county:
               (1)  the chief administrative officer of a family
  violence center or the chief administrator's designee;
               (2)  the chief of police of the municipality having the
  largest population in the county or the chief's designee;
               (3)  the sheriff of the county or the sheriff's
  designee; 
               (4)  a judge of a court in the county with jurisdiction
  over cases involving family violence; and
               (5)  a prosecutor with jurisdiction in the county over
  cases involving family violence. 
         (c)  The county commissioners court shall call the first
  meeting of the task force at which the members shall elect a
  presiding officer. All subsequent meetings shall be held at the
  call of the presiding officer.
         (d)  The presiding officer may appoint additional members to
  the task force if necessary for the task force to complete its
  duties under Subsection (g).
         (e)  The task force may consult with individuals or
  organizations having knowledge and experience in the issues of
  firearms and family violence.
         (f)  A vacancy for a member of the task force shall be filled
  immediately and in the same manner as the original appointment.
         (g)  The task force shall develop policy recommendations,
  model forms, and guidelines for best practices related to the
  surrender, receipt, storage, return, and disposal of firearms due
  to an order prohibiting a person from possessing a firearm
  following a finding of family violence entered by a court or an
  arrest or charge for an offense involving family violence,
  including:
               (1)  a protective order issued under Title 4, Family
  Code, or Chapter 7A, Code of Criminal Procedure;
               (2)  a magistrate's order of emergency protection
  issued under Article 17.292, Code of Criminal Procedure;
               (3)  an order setting the conditions of bond for a
  defendant charged with an offense involving family violence under
  Article 17.49, Code of Criminal Procedure; and
               (4)  an order granting community supervision to a
  defendant as described by Article 42A.504, Code of Criminal
  Procedure.
         (h)  In developing the recommendations, forms, and
  guidelines required under this section, the task force shall:
               (1)  consult with a family violence advocacy
  organization that provides services throughout the state; 
               (2)  prioritize the safety of victims of family
  violence and law enforcement personnel;
               (3)  ensure due process is provided;
               (4)  provide specific guidance on the surrender,
  receipt, and storage of a firearm and the return or disposal of a
  firearm;
               (5)  require proof of compliance with orders requiring
  the surrender of a firearm; and
               (6)  provide for an enforcement option if compliance is
  not proven within 48 hours of the issuance of an order requiring
  surrender of a firearm.
         (i)  The task force shall make available all
  recommendations, forms, and guidelines developed under this
  section to all judges with jurisdiction over cases involving family
  violence in the county and all law enforcement agencies with
  jurisdiction in the county.
         (j)  The task force shall meet not later than the 90th day
  following the end of each regular legislative session to review and
  amend any recommendations, forms, or guidelines developed under
  this section.
         (k)  Not later than December 1 of each odd-numbered year, the
  task force shall provide the county commissioners court a report
  including:
               (1)  a list of task force members;
               (2)  a summary of all recommendations, forms, and
  guidelines developed under this section;
               (3)  a description of practices and procedures in the
  courts and law enforcement agencies within the county in regard to
  the surrender, receipt, storage, return, and disposal of firearms
  due to family violence; and 
               (4)  a description of potential sources of funding
  available to implement recommendations. 
         (l)  The commissioners courts of multiple counties may agree
  to form a regional task force under this section to serve the needs
  of all counties in the agreement.
         SECTION 2.  Article 7A.05, Code of Criminal Procedure, is
  amended by adding Subsection (b-2) to read as follows:
         (b-2)(1)  In an order under Subsection (a)(2)(D), if the
  applicant's relationship to or association with the alleged
  offender is described by Section 71.0021(b), 71.003, or 71.005,
  Family Code, the court may also order the alleged offender to
  surrender all firearms owned by the offender.
               (2)  Any order entered under this subsection must:
                     (A)  provide notice to the alleged offender;
                     (B)  provide for the receipt and storage of and
  for the return or disposal of a surrendered firearm; and
                     (C)  require proof of compliance.
               (3)  When entering an order under this subsection, the
  court may adopt a recommendation, model form, or guideline
  developed by a task force under Section 236.004, Local Government
  Code, for the county in which the court is located.
         SECTION 3.  Article 17.292, Code of Criminal Procedure, is
  amended by adding Subsection (l-1) to read as follows:
         (l-1)(1)  If an order for emergency protection issued under
  this article prohibits the defendant from possessing a firearm and
  if the defendant was arrested for an offense involving family
  violence, the magistrate may also order the defendant to surrender
  all firearms owned by the defendant.
               (2)  Any order entered under this subsection must:
                     (A)  provide notice to the defendant;
                     (B)  provide for the receipt and storage of and
  for the return or disposal of a surrendered firearm; and
                     (C)  require proof of compliance.
               (3)  When entering an order under this subsection, the
  magistrate may adopt a recommendation, model form, or guideline
  developed by a task force under Section 236.004, Local Government
  Code, for the county in which the court is located.
         SECTION 4.  Article 17.49, Code of Criminal Procedure, is
  amended by amending Subsection (b) and adding Subsection (c-1) to
  read as follows:
         (b)  A magistrate may require as a condition of release on
  bond that a defendant charged with an offense involving family
  violence:
               (1)  refrain from going to or near a residence, school,
  place of employment, or other location, as specifically described
  in the bond, frequented by an alleged victim of the offense;
               (1-a)  refrain from possessing a firearm, unless the
  defendant is a peace officer, as defined by Section 1.07, Penal
  Code, actively engaged in employment as a sworn, full-time paid
  employee of a state agency or political subdivision;
               (2)  carry or wear a global positioning monitoring
  system device and, except as provided by Subsection (h), pay the
  costs associated with operating that system in relation to the
  defendant; or
               (3)  except as provided by Subsection (h), if the
  alleged victim of the offense consents after receiving the
  information described by Subsection (d), pay the costs associated
  with providing the victim with an electronic receptor device that:
                     (A)  is capable of receiving the global
  positioning monitoring system information from the device carried
  or worn by the defendant; and
                     (B)  notifies the victim if the defendant is at or
  near a location that the defendant has been ordered to refrain from
  going to or near under Subdivision (1).
         (c-1)(1)  If the magistrate imposes a condition described by
  Subsection (b)(1-a), the magistrate may also enter an order
  requiring the defendant to surrender all firearms owned by the
  defendant.
               (2)  Any order entered under this subsection must:
                     (A)  provide notice to the defendant; 
                     (B)  provide for the receipt and storage of and
  for the return or disposal of a surrendered firearm; and
                     (C)  require proof of compliance.
               (3)  When entering an order under this subsection, the
  magistrate may adopt a recommendation, model form, or guideline
  developed by a task force under Section 236.004, Local Government
  Code, for the county in which the court is located.
         SECTION 5.  Article 42A.504, Code of Criminal Procedure, is
  amended by amending Subsection (c) and adding Subsections (e) and
  (f) to read as follows:
         (c)  If the court grants community supervision to a defendant
  convicted of an offense involving family violence, the court may
  require the defendant, at the direction of the supervision officer,
  to:
               (1)  attend a battering intervention and prevention
  program or counsel with a provider of battering intervention and
  prevention services if the program or provider has been accredited
  under Section 4A, Article 42.141, as conforming to program
  guidelines under that article; [or]
               (2)  if the referral option under Subdivision (1) is
  not available, attend counseling sessions for the elimination of
  violent behavior with a licensed counselor, social worker, or other
  professional who has completed family violence intervention
  training that the community justice assistance division of the
  Texas Department of Criminal Justice has approved, after
  consultation with the licensing authorities described by Chapters
  152, 501, 502, 503, and 505, Occupations Code, and experts in the
  field of family violence; or
               (3)  refrain from possessing a firearm, unless the
  defendant is a peace officer, as defined by Section 1.07, Penal
  Code, actively engaged in employment as a sworn, full-time paid
  employee of a state agency or political subdivision.
         (e)  If the court under Subsection (c)(3) requires the
  defendant to refrain from possessing a firearm, the court may also
  enter an order requiring the defendant to surrender all firearms
  owned by the defendant.  Any order entered under this subsection
  must:
               (1)  provide notice to the defendant;
               (2)  provide for the receipt and storage of and for the
  return or disposal of a surrendered firearm; and
               (3)  require proof of compliance.
         (f)  When entering an order under Subsection (e), the court
  may adopt a recommendation, model form, or guideline developed by a
  task force under Section 236.004, Local Government Code, for the
  county in which the court is located.
         SECTION 6.  Section 85.022, Family Code, is amended by
  adding Subsections (c-1) and (c-2) to read as follows:
         (c-1)  In an order under Subsection (b)(6), the court may
  also order the person to surrender all firearms owned by the person.  
  Any order entered under this subsection must:
               (1)  provide notice to the person;
               (2)  provide for the receipt and storage of and for the
  return or disposal of a surrendered firearm; and
               (3)  require proof of compliance.
         (c-2)  When entering an order under Subsection (c-1), the
  court may adopt a recommendation, model form, or guideline
  developed by a task force under Section 236.004, Local Government
  Code, for the county in which the court is located.
         SECTION 7.  Notwithstanding the requirement in Section
  236.004, Local Government Code, as added by this Act, that a report
  be submitted by December 1 of each odd-numbered year, a task force
  created under that section shall submit its first report to the
  county commissioners court not later than June 1, 2020.
         SECTION 8.  The changes in law made by this Act apply only to
  a protective order, magistrate's order of emergency protection,
  order granting community supervision, or order releasing a
  defendant on bond entered on or after the effective date of this
  Act. A protective order, magistrate's order of emergency
  protection, order granting community supervision, or order
  releasing a defendant on bond entered before the effective date of
  this Act is governed by the law in effect on the date the order was
  entered, and the former law is continued in effect for that purpose.
         SECTION 9.  This Act takes effect September 1, 2019.
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