HB2650 - 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.

  89R2705 JSC-F     By: Bhojani H.B. No. 2650       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 calendar 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 calendar 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 third 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, 2025.