Relating to notice for certain defendants regarding the unlawful possession or acquisition of a firearm or ammunition.
https://capitol.texas.gov/tlodocs/88R/billtext/html/HB01617E.htm
| By: Ordaz, Plesa | H.B. No. 1617 | |
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| relating to notice for certain defendants regarding the unlawful | ||
| possession or acquisition of a firearm or ammunition. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 14.06(b), Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| (b) A peace officer who is charging a person, including a | ||
| child, with committing an offense that is a Class C misdemeanor, | ||
| other than an offense under Section 49.02, Penal Code, may, instead | ||
| of taking the person before a magistrate, issue a citation to the | ||
| person that contains: | ||
| (1) written notice of the time and place the person | ||
| must appear before a magistrate; | ||
| (2) the name and address of the person charged; | ||
| (3) the offense charged; | ||
| (4) information regarding the alternatives to the full | ||
| payment of any fine or costs assessed against the person, if the | ||
| person is convicted of the offense and is unable to pay that amount; | ||
| and | ||
| (5) the following admonishment, in boldfaced or | ||
| underlined type or in capital letters: | ||
| "If you are convicted of a misdemeanor offense involving | ||
| violence where you are or were a spouse, intimate partner, parent, | ||
| or guardian of the victim or are or were involved in another, | ||
| similar relationship with the victim, it may be unlawful for you to | ||
| possess or acquire [ |
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| long gun, or ammunition, pursuant to federal law under 18 U.S.C. | ||
| Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you | ||
| have any questions whether these laws make it illegal for you to | ||
| possess or acquire [ |
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| attorney. If you make a false statement to the court under oath | ||
| relating to your possession or acquisition of a firearm or | ||
| ammunition, you may be subject to prosecution for an offense under | ||
| Section 37.02, Texas Penal Code." | ||
| SECTION 2. Article 26.13, Code of Criminal Procedure, is | ||
| amended by adding Subsection (a-1) to read as follows: | ||
| (a-1) Before accepting a plea of guilty or a plea of nolo | ||
| contendere, the court shall admonish the defendant by using the | ||
| following statement: | ||
| "If you are convicted of a felony offense, it may be unlawful | ||
| for you to possess or acquire a firearm, including a handgun or long | ||
| gun, or ammunition, pursuant to federal law under 18 U.S.C. Section | ||
| 922(g)(1) or Section 46.04(a), Texas Penal Code. If you have any | ||
| questions whether these laws make it illegal for you to possess or | ||
| acquire a firearm, you should consult an attorney. If you make a | ||
| false statement to the court under oath relating to your possession | ||
| or acquisition of a firearm or ammunition, you may be subject to | ||
| prosecution for an offense under Section 37.02, Texas Penal Code." | ||
| SECTION 3. Article 27.14(e)(1), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (e)(1) Before accepting a plea of guilty or a plea of nolo | ||
| contendere by a defendant charged with a misdemeanor involving | ||
| family violence, as defined by Section 71.004, Family Code, the | ||
| court shall admonish the defendant by using the following | ||
| statement: | ||
| "If you are convicted of a misdemeanor offense involving | ||
| violence where you are or were a spouse, intimate partner, parent, | ||
| or guardian of the victim or are or were involved in another, | ||
| similar relationship with the victim, it may be unlawful for you to | ||
| possess or acquire [ |
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| long gun, or ammunition, pursuant to federal law under 18 U.S.C. | ||
| Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you | ||
| have any questions whether these laws make it illegal for you to | ||
| possess or acquire [ |
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| attorney. If you make a false statement to the court under oath | ||
| relating to your possession or acquisition of a firearm or | ||
| ammunition, you may be subject to prosecution for an offense under | ||
| Section 37.02, Texas Penal Code." | ||
| SECTION 4. Article 42.0131, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 42.0131. REQUIRED NOTICE REGARDING FIREARMS [ |
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| person is convicted of a misdemeanor involving family violence, as | ||
| defined by Section 71.004, Family Code, or of a felony, the court | ||
| shall notify the person of the fact that: | ||
| (1) it is unlawful for the person to possess or acquire | ||
| [ |
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| (2) a person who makes a false statement to the court | ||
| under oath relating to the person's possession or acquisition of a | ||
| firearm is subject to prosecution for an offense under Section | ||
| 37.02, Penal Code. | ||
| SECTION 5. (a) Article 14.06, Code of Criminal Procedure, | ||
| as amended by this Act, applies only to an offense committed on or | ||
| after the effective date of this Act. An offense committed before | ||
| the effective date of this Act is governed by the law in effect on | ||
| the date the offense was committed, and the former law is continued | ||
| in effect for that purpose. For purposes of this subsection, an | ||
| offense was committed before the effective date of this Act if any | ||
| element of the offense occurred before that date. | ||
| (b) Articles 26.13 and 27.14, Code of Criminal Procedure, as | ||
| amended by this Act, apply to a plea of guilty or a plea of nolo | ||
| contendere accepted by a court on or after the effective date of | ||
| this Act, regardless of whether the offense for which the plea was | ||
| accepted was committed before, on, or after that date. | ||
| (c) Article 42.0131, Code of Criminal Procedure, as amended | ||
| by this Act, applies 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 6. This Act takes effect September 1, 2023. | ||
