Bill Text: TX HB847 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the storage of firearms surrendered by a person subject to a magistrate's order for emergency protection or protective order as a result of family violence, sexual assault or abuse, stalking, or trafficking of persons.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-03-01 - Referred to Community Safety, Select [HB847 Detail]
Download: Texas-2023-HB847-Introduced.html
| 88R3680 MCF-D | ||
| By: Reynolds | H.B. No. 847 | |
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| relating to the storage of firearms surrendered by a person subject | ||
| to a magistrate's order for emergency protection or protective | ||
| order as a result of family violence, sexual assault or abuse, | ||
| stalking, or trafficking of persons. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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 MAY SURRENDER | ||
| ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE | ||
| LOCATION AS PROVIDED BY SECTION 85.0221, FAMILY CODE, FOR THE | ||
| DURATION OF THIS ORDER." | ||
| SECTION 2. 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 MAY | ||
| SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED | ||
| SECURE LOCATION AS PROVIDED BY SECTION 85.0221, FAMILY CODE, FOR | ||
| THE DURATION OF THIS ORDER." | ||
| "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 3. Subchapter B, Chapter 85, Family Code, is | ||
| amended by adding Section 85.0221 to read as follows: | ||
| Sec. 85.0221. PROVISIONS FOR SURRENDER OF FIREARM BY PERSON | ||
| SUBJECT TO PROTECTIVE ORDER. (a) The commissioners court of each | ||
| county shall designate a secure location to store firearms | ||
| surrendered under this section. | ||
| (b) A person subject to a protective order under this | ||
| chapter or Chapter 7B, Code of Criminal Procedure, or a | ||
| magistrate's order for emergency protection under Article 17.292, | ||
| Code of Criminal Procedure, may surrender a firearm possessed by | ||
| the person to the secure location designated by the commissioners | ||
| court in the county in which the person resides. A person | ||
| responsible for the administration of the designated secure | ||
| location shall accept the firearm and store it in the secure | ||
| location until the expiration of the protective order. A person who | ||
| accepts a surrendered firearm shall immediately provide the person | ||
| surrendering the firearm a written copy of the receipt for the | ||
| firearm and a written notice of the procedure for the return of the | ||
| firearm. | ||
| (c) Unless otherwise prohibited by law from possessing a | ||
| firearm, a person who surrenders a firearm under Subsection (b) is | ||
| entitled to the return of the firearm on the expiration of the | ||
| protective order and after making a request to the person | ||
| responsible for administering the secure location to which the | ||
| firearm was surrendered. | ||
| (d) If the firearm is not requested before the 61st day | ||
| after the date the protective order expires, the commissioners | ||
| court shall order the firearm destroyed, sold at public sale by an | ||
| auctioneer licensed under Chapter 1802, Occupations Code, or | ||
| forfeited to the state for use by a law enforcement agency in the | ||
| county. Only a firearms dealer licensed under 18 U.S.C. Section 923 | ||
| may purchase a firearm at public sale under this subsection. | ||
| Proceeds from the sale of an unclaimed firearm under this | ||
| subsection, after deduction of auction costs, shall be deposited in | ||
| the county treasury in a special fund to be used to administer the | ||
| secure location for the surrender of firearms under this section. | ||
| An expenditure from the fund may be made only in accordance with a | ||
| budget approved by the commissioners court. | ||
| 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 MAY SURRENDER | ||
| ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE | ||
| LOCATION AS PROVIDED BY SECTION 85.0221, FAMILY CODE, FOR THE | ||
| DURATION OF THIS ORDER." | ||
| "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) The commissioners court of each county shall | ||
| designate a secure location for the storage of surrendered | ||
| firearms, as required by this Act, not later than December 1, 2023, | ||
| and shall begin accepting surrendered firearms on January 1, 2024. | ||
| (b) 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 6. This Act takes effect September 1, 2023. | ||
