S.B. 130

By: West

AN ACT relating to creating the offense of transferring a handgun to a person who is the subject of a protective order and including in the law enforcement information system maintained by the Department of Public Safety information relating to protective orders.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subsections (a) and (b), Section 46.06, Penal Code, are amended to read as follows:

(a) A person commits an offense if the person [he]:

(1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act;

(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;

(3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated; [or]

(4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates:

(A) the person's release from confinement following conviction of the felony; or

(B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony; or

(5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered.

(b) In [For purposes of] this section:

(1) "Intoxicated"[, "intoxicated"] means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.

(2) "Active protective order" means a protective order issued under Chapter 71, Family Code, that is in effect. The term does not include a temporary protective order issued before the court holds a hearing on the matter.

SECTION 2. Subsection (b), Section 411.042, Government Code, is amended to read as follows:

(b) The bureau of identification and records shall:

(1) procure and file for record photographs, pictures, descriptions, fingerprints, measurements, and other pertinent information of all persons arrested for or charged with a criminal offense or convicted of a criminal offense, regardless of whether the conviction is probated;

(2) collect information concerning the number and nature of offenses reported or known to have been committed in the state and the legal steps taken in connection with the offenses, and other information useful in the study of crime and the administration of justice, including a statistical breakdown of those offenses in which family violence was involved;

(3) make ballistic tests of bullets and firearms and chemical analyses of bloodstains, cloth, materials, and other substances for law enforcement officers of the state; [and]

(4) cooperate with identification and crime records bureaus in other states and the United States Department of Justice; and

(5) collect information concerning the number and nature of protective orders and all other pertinent information about all persons on active protective orders. Information in the law enforcement information system relating to an active protective order shall include:

(A) the name, sex, race, date of birth, personal descriptors, address, and county of residence of the person to whom the order is directed;

(B) any known identifying number of the person to whom the order is directed, including the person's social security number or driver's license number;

(C) the name and county of residence of the person protected by the order;

(D) the residence address and place of employment or business of the person protected by the order, unless that information is excluded from the order under Section 71.111, Family Code;

(E) the childcare facility or school where a child protected by the order normally resides or which the child normally attends, unless that information is excluded from the order under Section 71.111, Family Code;

(F) the relationship or former relationship between the person who is protected by the order and the person to whom the order is directed; and (G) the date the order expires.

SECTION 3. Subsection (g), Section 411.042, Government Code, is amended to read as follows:

(g) The department may adopt reasonable rules under this section relating to:

(1) law enforcement information systems maintained by the department;

(2) the collection, maintenance, and correction of records; [and]

(3) reports of criminal history information submitted to the department; and

(4) active protective orders issued under Chapter 71, Family Code, and reporting procedures that ensure that information relating to the issuance of an active protective order and to the dismissal of an active protective order is reported to the local law enforcement agency at the time of the order's issuance or dismissal and entered by the local law enforcement agency in the state's law enforcement information system.

SECTION 4. Subsection (b), Section 71.17, Family Code, is amended to read as follows:

(b) The clerk of the court issuing an original or modified protective order under this chapter shall send a copy of the order to:

(1) the Department of Public Safety on the date the order is issued; and

(2) the chief of police of the city where the member of the family or household protected by the order resides, if the person resides in a city, or to the sheriff of the county where the person resides, if the person does not reside in a city.

SECTION 5. Section 71.18, Family Code, is amended by adding Subsection (c) to read as follows:

(c) On receipt of a request for law enforcement information system record check of a prospective transferee by a licensed firearms dealer under the Brady Handgun Violence Prevention Act, 18 U.S.C. Section 922, the chief law enforcement officer shall determine whether the Department of Public Safety has in the department's law enforcement information system a record indicating the existence of an active protective order directed to the prospective transferee. If the department's law enforcement information system indicates the existence of an active protective order directed to the prospective transferee, the chief law enforcement officer shall immediately advise the dealer that the transfer is prohibited.

SECTION 6. The Department of Public Safety shall establish the rules and procedures necessary to comply with Section 411.042, Government Code, as amended by this Act, not later than January 1, 1996.

SECTION 7. (a) The change in law made by Section 1 of this Act to Section 46.06, Penal Code, applies only to an offense committed on or after January 1, 1996. For purposes of this section, an offense is committed before January 1, 1996, if any element of the offense occurs before that date. (b) An offense committed before January 1, 1996, is covered by the law in effect when the offense was committed, and the former law is continued in effect for this purpose.

SECTION 8. The change in law made by Section 5 of this Act to Section 71.18, Family Code, applies only to a request for a law enforcement information system record check made on or after January 1, 1996. A request for a law enforcement information system record check made before January 1, 1996, is covered by the law in effect when the request was made, and the former law is continued in effect for this purpose.

SECTION 9. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 1995. (b) Sections 1 and 5 of this Act take effect January 1, 1996.

SECTION 10. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

/s/________________________________ President of the Senate

/s/________________________________ Speaker of the House

I hereby certify that S.B. No. 130 passed the Senate on April 11, 1995, by a vivavoce vote. /s/_______________________________ Secretary of the Senate

I hereby certify that S.B. No. 130 passed the House on May 19, 1995, by a nonrecord vote. /s/_______________________________ Chief Clerk of the House

Approved:________________________________ Date /s/_______________________________ Governor

Committee Actions:

BILL NUMBER: SB 130

AUTHOR: West, Royce

SPONSOR: Greenberg

COAUTHORS:

COSPONSORS:

LAST ACTION: 06/08/95 E Effective on 9/1/95

SENATE COMM: Criminal Justice

VOTES: AYES = 6 NAYS = 0 PRESENT NOT VOTING = 0 ABSENT = 1

HOUSE COMM: Public Safety

VOTES: AYES = 6 NAYS = 0 PRESENT NOT VOTING = 0 ABSENT = 3