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A BILL TO BE ENTITLED
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AN ACT
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relating to notice for certain defendants regarding the unlawful |
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possession or acquisition of a firearm or ammunition and a related |
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affidavit of firearm dispossession. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.0131, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42.0131. REQUIRED NOTICE FOR PERSONS CONVICTED OF |
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MISDEMEANORS INVOLVING FAMILY VIOLENCE; AFFIDAVIT OF FIREARM |
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DISPOSSESSION. (a) In this article, "firearm" has the meaning |
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assigned by Section 46.01, Penal Code. |
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(b) If a person is convicted of a misdemeanor involving |
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family violence, as defined by Section 71.004, Family Code, the |
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court shall: |
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(1) notify the person orally and in writing of the fact |
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that it is unlawful for the person to possess or transfer a firearm |
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or ammunition; |
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(2) provide the person an affidavit of firearm |
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dispossession described by Subsection (c); and |
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(3) inform the person that the affidavit of firearm |
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dispossession must be completed and returned to the court not later |
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than 48 hours after the person receives the notification under this |
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subsection. |
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(c) An affidavit of firearm dispossession must include: |
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(1) the following information: |
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(A) the deadline for the person to transfer or |
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surrender all firearms in the person's possession and return the |
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completed, signed affidavit; and |
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(B) lawful methods for transferring or |
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surrendering a firearm, including: |
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(i) transferring the firearm to a third |
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party who may lawfully possess a firearm; |
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(ii) surrendering the firearm to a |
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designated law enforcement agency; and |
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(iii) any other method of transferring the |
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firearm that complies with state and federal law, including the |
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National Firearms Act (26 U.S.C. Section 5801 et seq.); |
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(2) a declaration under penalty of perjury that all |
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firearms and ammunition in the person's possession have been |
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lawfully transferred or surrendered; and |
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(3) notice of the penalties for failure to comply with |
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the required dispossession of all firearms and ammunition, |
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including state and federal penalties. |
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(d) On receipt of a completed affidavit of firearm |
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dispossession described by Subsection (c), the court shall send a |
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copy of the affidavit, the judgment in the case, and the details of |
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the person's firearm dispossession to the sheriff in the county in |
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which the person resides and, if applicable, the law enforcement |
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agency with jurisdiction over the municipality in which the person |
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resides. |
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(e) The Texas Commission on Law Enforcement shall develop |
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written model policies and related forms that law enforcement |
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agencies may use to implement the requirements of this article, |
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including separate model policies tailored to the needs of law |
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enforcement agencies located in rural and urban areas. The |
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commission shall post the written model policies and related forms |
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on the commission's Internet website. The commission may |
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collaborate with urban and rural law enforcement agencies, the |
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Office of Court Administration of the Texas Judicial System, and |
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any other agencies as necessary to develop the model policies under |
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this subsection. |
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SECTION 2. Not later than January 1, 2026, the Texas |
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Commission on Law Enforcement shall publish the model policies |
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required by Article 42.0131(e), Code of Criminal Procedure, as |
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added by this Act. |
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SECTION 3. The changes in law made by this Act apply to a |
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judgment of conviction entered on or after the effective date of |
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this Act, regardless of whether the offense of which the defendant |
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is convicted was committed before, on, or after that date. |
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SECTION 4. This Act takes effect September 1, 2025. |