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AN ACT
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relating to the disposition of certain firearms seized by a law |
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enforcement agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.001, Health and Safety Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) A peace officer who takes a person into custody under |
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Subsection (a) may immediately seize any firearm found in |
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possession of the person. After seizing a firearm under this |
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subsection, the peace officer shall comply with the requirements of |
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Article 18.191, Code of Criminal Procedure. |
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SECTION 2. Chapter 18, Code of Criminal Procedure, is |
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amended by adding Article 18.191 to read as follows: |
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Art. 18.191. DISPOSITION OF FIREARM SEIZED FROM CERTAIN |
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PERSONS WITH MENTAL ILLNESS. (a) A law enforcement officer who |
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seizes a firearm from a person taken into custody under Section |
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573.001, Health and Safety Code, and not in connection with an |
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offense involving the use of a weapon or an offense under Chapter |
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46, Penal Code, shall immediately provide the person a written copy |
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of the receipt for the firearm and a written notice of the procedure |
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for the return of a firearm under this article. |
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(b) The law enforcement agency holding a firearm subject to |
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disposition under this article shall, as soon as possible, but not |
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later than the 15th day after the date the person is taken into |
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custody under Section 573.001, Health and Safety Code, provide |
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written notice of the procedure for the return of a firearm under |
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this article to the last known address of the person's closest |
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immediate family member as identified by the person or reasonably |
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identifiable by the law enforcement agency, sent by certified mail, |
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return receipt requested. The written notice must state the date by |
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which a request for the return of the firearm must be submitted to |
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the law enforcement agency as provided by Subsection (h). |
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(c) Not later than the 30th day after the date a firearm |
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subject to disposition under this article is seized, the law |
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enforcement agency holding the firearm shall contact the court in |
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the county having jurisdiction to order commitment under Chapter |
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574, Health and Safety Code, and request the disposition of the |
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case. Not later than the 30th day after the date of this request, |
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the clerk of the court shall advise the requesting agency whether |
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the person taken into custody was released under Section 573.023, |
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Health and Safety Code, or was ordered to receive inpatient mental |
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health services under Section 574.034 or 574.035, Health and Safety |
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Code. |
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(d) Not later than the 30th day after the date the clerk of |
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the court informs a law enforcement agency holding a firearm |
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subject to disposition under this article that the person taken |
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into custody was released under Section 573.023, Health and Safety |
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Code, the law enforcement agency shall: |
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(1) conduct a check of state and national criminal |
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history record information to verify whether the person may |
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lawfully possess a firearm under 18 U.S.C. Section 922(g); and |
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(2) provide written notice to the person by certified |
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mail that the firearm may be returned to the person on verification |
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under Subdivision (1) that the person may lawfully possess the |
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firearm. |
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(e) Not later than the 30th day after the date the clerk of |
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the court informs a law enforcement agency holding a firearm |
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subject to disposition under this article that the person taken |
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into custody was ordered to receive inpatient mental health |
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services under Section 574.034 or 574.035, Health and Safety Code, |
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the law enforcement agency shall provide written notice to the |
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person by certified mail that the person: |
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(1) is prohibited from owning, possessing, or |
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purchasing a firearm under 18 U.S.C. Section 922(g)(4); |
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(2) may petition the court that entered the commitment |
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order for relief from the firearms disability under Section |
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574.088, Health and Safety Code; and |
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(3) may dispose of the firearm in the manner provided |
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by Subsection (f). |
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(f) A person who receives notice under Subsection (e) may |
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dispose of the person's firearm by: |
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(1) releasing the firearm to the person's designee, |
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if: |
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(A) the law enforcement agency holding the |
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firearm conducts a check of state and national criminal history |
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record information and verifies that the designee may lawfully |
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possess a firearm under 18 U.S.C. Section 922(g); |
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(B) the person provides to the law enforcement |
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agency a copy of a notarized statement releasing the firearm to the |
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designee; and |
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(C) the designee provides to the law enforcement |
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agency an affidavit confirming that the designee: |
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(i) will not allow access to the firearm by |
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the person who was taken into custody under Section 573.001, Health |
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and Safety Code, at any time during which the person may not |
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lawfully possess a firearm under 18 U.S.C. Section 922(g); and |
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(ii) acknowledges the responsibility of the |
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designee and no other person to verify whether the person has |
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reestablished the person's eligibility to lawfully possess a |
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firearm under 18 U.S.C. Section 922(g); or |
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(2) releasing the firearm to the law enforcement |
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agency holding the firearm, for disposition under Subsection (h). |
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(g) If a firearm subject to disposition under this article |
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is wholly or partly owned by a person other than the person taken |
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into custody under Section 573.001, Health and Safety Code, the law |
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enforcement agency holding the firearm shall release the firearm to |
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the person claiming a right to or interest in the firearm after: |
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(1) the person provides an affidavit confirming that |
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the person: |
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(A) wholly or partly owns the firearm; |
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(B) will not allow access to the firearm by the |
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person who was taken into custody under Section 573.001, Health and |
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Safety Code, at any time during which that person may not lawfully |
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possess a firearm under 18 U.S.C. Section 922(g); and |
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(C) acknowledges the responsibility of the |
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person and no other person to verify whether the person who was |
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taken into custody under Section 573.001, Health and Safety Code, |
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has reestablished the person's eligibility to lawfully possess a |
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firearm under 18 U.S.C. Section 922(g); and |
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(2) the law enforcement agency holding the firearm |
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conducts a check of state and national criminal history record |
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information and verifies that the person claiming a right to or |
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interest in the firearm may lawfully possess a firearm under 18 |
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U.S.C. Section 922(g). |
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(h) If a person to whom written notice is provided under |
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Subsection (b) or another lawful owner of a firearm subject to |
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disposition under this article does not submit a written request to |
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the law enforcement agency for the return of the firearm before the |
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121st day after the date the law enforcement agency holding the |
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firearm provides written notice under Subsection (b), the law |
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enforcement agency may have the firearm sold by a person who is a |
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licensed firearms dealer under 18 U.S.C. Section 923. The proceeds |
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from the sale of a firearm under this subsection shall be given to |
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the owner of the seized firearm, less the cost of administering this |
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subsection. An unclaimed firearm that was seized from a person |
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taken into custody under Section 573.001, Health and Safety Code, |
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may not be destroyed or forfeited to the state. |
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SECTION 3. The change in law made by this Act applies only |
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to the disposition of a firearm that is seized by a law enforcement |
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agency on or after the effective date of this Act. The disposition |
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of a firearm that was seized by a law enforcement agency before the |
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effective date of this Act is covered by the law in effect when the |
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firearm was seized, and the former law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1189 passed the Senate on |
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April 25, 2013, by the following vote: Yeas 28, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1189 passed the House on |
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May 21, 2013, by the following vote: Yeas 145, Nays 1, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |