bill making courts tell family violence defendants no guns

The text as introduced · 581 words

89R9027 LHC-D

By: Alvarado
S.B. No. 1748

A BILL TO BE ENTITLED

AN ACT

relating to notice for certain defendants regarding the unlawful

possession or acquisition of a firearm or ammunition and a related

affidavit of firearm dispossession.

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

SECTION 1. Article 42.0131, Code of Criminal Procedure, is

amended to read as follows:

Art. 42.0131. REQUIRED NOTICE FOR PERSONS CONVICTED OF

MISDEMEANORS INVOLVING FAMILY VIOLENCE ; AFFIDAVIT OF FIREARM

DISPOSSESSION . (a) In this article, "firearm" has the meaning

assigned by Section 46.01, Penal Code.

(b) If a person is convicted of a misdemeanor involving

family violence, as defined by Section 71.004, Family Code, the

court shall :

(1) notify the person orally and in writing of the fact

that it is unlawful for the person to possess or transfer a firearm

or ammunition ;

(2) provide the person an affidavit of firearm

dispossession described by Subsection (c); and

(3) inform the person that the affidavit of firearm

dispossession must be completed and returned to the court not later

than 48 hours after the person receives the notification under this

subsection .

(c) An affidavit of firearm dispossession must include:

(1) the following information:

(A) the deadline for the person to transfer or

surrender all firearms in the person's possession and return the

completed, signed affidavit; and

(B) lawful methods for transferring or

surrendering a firearm, including:

(i) transferring the firearm to a third

party who may lawfully possess a firearm;

(ii) surrendering the firearm to a

designated law enforcement agency; and

(iii) any other method of transferring the

firearm that complies with state and federal law, including the

National Firearms Act (26 U.S.C. Section 5801 et seq.);

(2) a declaration under penalty of perjury that all

firearms and ammunition in the person's possession have been

lawfully transferred or surrendered; and

(3) notice of the penalties for failure to comply with

the required dispossession of all firearms and ammunition,

including state and federal penalties.

(d) On receipt of a completed affidavit of firearm

dispossession described by Subsection (c), the court shall send a

copy of the affidavit, the judgment in the case, and the details of

the person's firearm dispossession to the sheriff in the county in

which the person resides and, if applicable, the law enforcement

agency with jurisdiction over the municipality in which the person

resides.

(e) The Texas Commission on Law Enforcement shall develop

written model policies and related forms that law enforcement

agencies may use to implement the requirements of this article,

including separate model policies tailored to the needs of law

enforcement agencies located in rural and urban areas. The

commission shall post the written model policies and related forms

on the commission's Internet website. The commission may

collaborate with urban and rural law enforcement agencies, the

Office of Court Administration of the Texas Judicial System, and

any other agencies as necessary to develop the model policies under

this subsection.

SECTION 2. Not later than January 1, 2026, the Texas

Commission on Law Enforcement shall publish the model policies

required by Article 42.0131(e), Code of Criminal Procedure, as

added by this Act.

SECTION 3. The changes in law made by this Act apply to a

judgment of conviction entered on or after the effective date of

this Act, regardless of whether the offense of which the defendant

is convicted was committed before, on, or after that date.

SECTION 4. This Act takes effect September 1, 2025.