| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the reporting of certain orders and convictions to the |
|
|
Department of Public Safety and Federal Bureau of Investigation for |
|
|
use with the National Instant Criminal Background Check System for |
|
|
the transfer of firearms. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 7B, Code of Criminal |
|
|
Procedure, is amended by adding Article 7B.0085 to read as follows: |
|
|
Art. 7B.0085. REPORTING. For an original or modified |
|
|
protective order issued under this subchapter, on receipt of the |
|
|
order from the clerk of the court, a law enforcement agency shall |
|
|
immediately, but not later than the third business day after the |
|
|
date the order is received, enter the information required by |
|
|
Section 411.042(b)(6), Government Code, into the statewide law |
|
|
enforcement information system maintained by the Department of |
|
|
Public Safety. |
|
|
SECTION 2. Subchapter B, Chapter 7B, Code of Criminal |
|
|
Procedure, is amended by adding Article 7B.054 to read as follows: |
|
|
Art. 7B.054. REPORTING. For an original or modified |
|
|
protective order issued under this subchapter, on receipt of the |
|
|
order from the clerk of the court, a law enforcement agency shall |
|
|
immediately, but not later than the third business day after the |
|
|
date the order is received, enter the information required by |
|
|
Section 411.042(b)(6), Government Code, into the statewide law |
|
|
enforcement information system maintained by the Department of |
|
|
Public Safety. |
|
|
SECTION 3. Article 66.252, Code of Criminal Procedure, is |
|
|
amended by amending Subsections (b) and (d) and adding Subsections |
|
|
(d-1) and (h) to read as follows: |
|
|
(b) The arresting law enforcement agency shall prepare a |
|
|
uniform incident fingerprint card described by Article 66.251 and |
|
|
initiate the reporting process for each offender charged with: |
|
|
(1) a felony; |
|
|
(2) a misdemeanor for which a term of confinement may |
|
|
be imposed; or |
|
|
(3) a misdemeanor punishable by fine only that |
|
|
involves family violence[, as defined by Section 71.004, Family |
|
|
Code]. |
|
|
(d) Except as provided by Subsection (d-1) or (e) or as |
|
|
otherwise required by applicable state law or rule, information or |
|
|
data required by this chapter to be reported to the Department of |
|
|
Public Safety or the Texas Department of Criminal Justice shall be |
|
|
reported promptly but not later than the 30th day after the date on |
|
|
which the information or data is received by the agency responsible |
|
|
for reporting it. |
|
|
(d-1) A conviction for an offense involving family violence |
|
|
that would prohibit a person from possessing a firearm under state |
|
|
or federal law shall be reported to the Department of Public Safety |
|
|
not later than the fifth calendar day after the date the judgment of |
|
|
conviction is entered. |
|
|
(h) For purposes of this article, "family violence" has the |
|
|
meaning assigned by Section 71.004, Family Code. |
|
|
SECTION 4. Subchapter D, Chapter 411, Government Code, is |
|
|
amended by adding Section 411.0525 to read as follows: |
|
|
Sec. 411.0525. REPORTING OF CERTAIN PROTECTIVE ORDERS AND |
|
|
FAMILY VIOLENCE MISDEMEANOR CONVICTIONS. (a) In this section: |
|
|
(1) "Family violence misdemeanor" means a misdemeanor |
|
|
crime of domestic violence as defined by 18 U.S.C. Section 921. |
|
|
(2) "Protective order" means a court order described |
|
|
by 18 U.S.C. Section 922(g)(8). |
|
|
(b) The department shall report to the Federal Bureau of |
|
|
Investigation for use with the National Instant Criminal Background |
|
|
Check System each protective order and each conviction for a family |
|
|
violence misdemeanor not later than the fifth calendar day after |
|
|
the date the department receives information that the protective |
|
|
order or judgment of conviction was entered. |
|
|
SECTION 5. Articles 7B.0085, 7B.054, and 66.252(d-1), Code |
|
|
of Criminal Procedure, as added by this Act, apply only to a |
|
|
protective order or judgment of conviction entered on or after the |
|
|
effective date of this Act. |
|
|
SECTION 6. Section 411.0525, Government Code, as added by |
|
|
this Act, applies only to information received by the Department of |
|
|
Public Safety of the State of Texas on or after the effective date |
|
|
of this Act. |
|
|
SECTION 7. This Act takes effect September 1, 2021. |