HB857 - 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.

  89R4504 MEW-D     By: Moody H.B. No. 857       A BILL TO BE ENTITLED   AN ACT   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, 2026, 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, 2026, who is the subject of an order   issued before that date, 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, 2025.          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, 2026. 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, 2025.