Bill Text: TX HB3938 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to requiring certain persons prohibited by law from owning, possessing, or controlling a firearm to dispose of firearms owned, possessed, or controlled by the person.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-04-04 - Left pending in committee [HB3938 Detail]
Download: Texas-2023-HB3938-Introduced.html
| 88R3972 MEW-D | ||
| By: Moody | H.B. No. 3938 | |
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| relating to requiring certain persons prohibited by law from | ||
| owning, possessing, or controlling a firearm to dispose of firearms | ||
| owned, possessed, or controlled by the person. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 1, Code of Criminal Procedure, is amended | ||
| by adding Chapter 68 to read as follows: | ||
| CHAPTER 68. DISPOSAL OF FIREARM BY CERTAIN PERSONS PROHIBITED BY | ||
| LAW FROM OWNING, POSSESSING, OR CONTROLLING A FIREARM | ||
| Art. 68.001. APPLICABILITY. This chapter applies to a | ||
| person who: | ||
| (1) is convicted of: | ||
| (A) an offense involving family violence, as | ||
| defined by Section 71.004, Family Code; or | ||
| (B) a felony; | ||
| (2) is the subject of: | ||
| (A) a protective order under Chapter 85, Family | ||
| Code, or Subchapter A, Chapter 7B, of this code; or | ||
| (B) a magistrate's order for emergency | ||
| protection under Article 17.292; or | ||
| (3) is subject to a condition of bond or community | ||
| supervision prohibiting the person from acquiring, possessing, or | ||
| controlling a firearm. | ||
| Art. 68.002. NOTICE AND ORDER TO DISPOSE OF FIREARM. On | ||
| conviction of a person for an offense described by Article | ||
| 68.001(1), issuance of an order described by Article 68.001(2), or | ||
| imposition of a condition described by Article 68.001(3), the court | ||
| shall: | ||
| (1) provide written notice to the person that the | ||
| person is prohibited from acquiring, possessing, or controlling a | ||
| firearm; and | ||
| (2) order the person to dispose of all firearms the | ||
| person owns, possesses, or controls not later than the 10th day | ||
| after: | ||
| (A) the date the person receives notice under | ||
| this article; or | ||
| (B) if the person was taken into custody | ||
| immediately after conviction, the date the person is released from | ||
| confinement. | ||
| Art. 68.003. REQUIRED DOCUMENTATION. A person subject to | ||
| an order under Article 68.002 shall submit to the court, not later | ||
| than the date specified by Subdivision (2) of that article, a signed | ||
| affidavit affirming that the person: | ||
| (1) has disposed of all firearms the person owns, | ||
| possesses, or controls; or | ||
| (2) does not own, possess, or control a firearm. | ||
| Art. 68.004. FORM OF AFFIDAVIT. The Office of Court | ||
| Administration of the Texas Judicial System shall adopt a model | ||
| affidavit for purposes of Article 68.003. | ||
| SECTION 2. Article 7B.006(a), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (a) Each protective order issued under this subchapter, | ||
| including a temporary ex parte order, must contain the following | ||
| prominently displayed statements in boldfaced type, in capital | ||
| letters, or underlined: | ||
| "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR | ||
| CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN | ||
| JAIL FOR AS LONG AS SIX MONTHS, OR BOTH." | ||
| "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS | ||
| ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY | ||
| PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS | ||
| VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT | ||
| UNLESS A COURT CHANGES THE ORDER." | ||
| "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN 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, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A | ||
| FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE | ||
| OF ANY FIREARMS IN THE PERSON'S POSSESSION OR CONTROL AS PROVIDED BY | ||
| CHAPTER 68, CODE OF CRIMINAL PROCEDURE." | ||
| SECTION 3. Article 17.292(g), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (g) An order for emergency protection issued under this | ||
| article must contain the following statements printed in bold-face | ||
| type or in capital letters: | ||
| "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED | ||
| BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY | ||
| CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT | ||
| RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE | ||
| MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A | ||
| VIOLATION OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE | ||
| FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT | ||
| LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER | ||
| THAN 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, WHO IS SUBJECT TO THIS | ||
| ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY | ||
| CONFINEMENT OR IMPRISONMENT. A PERSON SUBJECT TO THIS ORDER MUST | ||
| DISPOSE OF ANY FIREARMS IN THE PERSON'S POSSESSION OR CONTROL AS | ||
| PROVIDED BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE." | ||
| "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS | ||
| ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY | ||
| PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS | ||
| VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT | ||
| UNLESS A COURT CHANGES THE ORDER." | ||
| SECTION 4. Section 85.026(a), Family Code, is amended to | ||
| read as follows: | ||
| (a) Each protective order issued under this subtitle, | ||
| including a temporary ex parte order, must contain the following | ||
| prominently displayed statements in boldfaced type, capital | ||
| letters, or underlined: | ||
| "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR | ||
| CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN | ||
| JAIL FOR AS LONG AS SIX MONTHS, OR BOTH." | ||
| "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS | ||
| ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY | ||
| PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS | ||
| VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT | ||
| UNLESS A COURT CHANGES THE ORDER." | ||
| "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN 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, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A | ||
| FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE | ||
| OF ANY FIREARMS IN THE PERSON'S POSSESSION OR CONTROL AS PROVIDED BY | ||
| CHAPTER 68, CODE OF CRIMINAL PROCEDURE." | ||
| "IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM | ||
| CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE | ||
| EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST | ||
| ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR | ||
| IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON: | ||
| "(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS | ||
| RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR | ||
| IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR | ||
| "(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS | ||
| RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR | ||
| IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS." | ||
| "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED | ||
| BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY | ||
| CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT | ||
| RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE | ||
| MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A | ||
| SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON | ||
| FOR AT LEAST TWO YEARS." | ||
| SECTION 5. (a) Chapter 68, Code of Criminal Procedure, as | ||
| added by this Act, applies only to a person who is convicted of an | ||
| offense described by Article 68.001(1), Code of Criminal Procedure, | ||
| as added by this Act, on or after January 1, 2024, or who is the | ||
| subject of an order described by Article 68.001(2), Code of | ||
| Criminal Procedure, as added by this Act, or who is subject to a | ||
| condition of bond or community supervision described by Article | ||
| 68.001(3), Code of Criminal Procedure, as added by this Act, that is | ||
| issued on or after that date. A person who is convicted of an | ||
| offense before January 1, 2024, who is the subject of an order | ||
| issued, or who is subject to a condition imposed before that date is | ||
| governed by the law in effect immediately before the effective date | ||
| of this Act, and the former law is continued in effect for that | ||
| purpose. | ||
| (b) The Office of Court Administration of the Texas Judicial | ||
| System shall adopt the model affidavit required by Article 68.004, | ||
| Code of Criminal Procedure, as added by this Act, not later than | ||
| December 1, 2023. | ||
| SECTION 6. The change in law made by this Act relating to | ||
| the contents of a protective order or a magistrate's order for | ||
| emergency protection applies to an order issued on or after January | ||
| 1, 2024. An order issued before that date is governed by the law as | ||
| it existed immediately before the effective date of this Act, and | ||
| the former law is continued in effect for that purpose. | ||
| SECTION 7. This Act takes effect September 1, 2023. | ||
