Bill Text: TX SB1766 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to requiring a person who is the subject of a family violence protective order to surrender firearms owned by the person.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred to State Affairs [SB1766 Detail]
Download: Texas-2019-SB1766-Introduced.html
By: West | S.B. No. 1766 | |
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relating to requiring a person who is the subject of a family | ||
violence protective order 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; or | ||
(2) a magistrate's order of emergency protection | ||
issued under Article 17.292, 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. 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 5. 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 6. The changes in law made by this Act apply only to | ||
a protective order or magistrate's order of emergency protection | ||
entered on or after the effective date of this Act. A protective | ||
order or magistrate's order of emergency protection 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 7. This Act takes effect September 1, 2019. |