HBA-CBW S.B. 199 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 199
By: West, Royce
Criminal Jurisprudence
3/18/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current state law, it is an offense to sell or transfer a firearm to
someone subject to a protective order, and under current federal law, it is
an offense to possess a firearm while under a protective order or after a
misdemeanor family violence conviction.  There are no state provisions that
regulate the possession of a firearm while under a protective order or
after certain family violence convictions. Senate Bill 199 prohibits an
individual under a protective order or convicted of certain family violence
offenses from possessing a firearm. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 199 amends the Penal Code, Family Code, and Code of Criminal
Procedure  to prohibit a person subject to a protective order or convicted
of an offense involving family violence from possessing a firearm.  

 The bill provides that a person who has been convicted of an assault,
punishable as a Class A misdemeanor and involving a member of the person's
family or household, commits an offense if the person possesses a firearm
before the fifth anniversary of the later of the person's release from
confinement or community supervision (Sec. 46.04, Penal Code).  The bill
provides that a person, other than a peace officer,  actively engaged in
employment as a sworn, full-time paid employee of a state agency or
political subdivision, who is under a protective order, commits an offense
if the person possesses a firearm after receiving notice of the order and
before expiration of the order (Sec. 46.04, Penal Code; Sec. 85.022, Family
Code; and Art. 17.292; Code of Criminal Procedure).   

Senate Bill 199 sets forth language which must  appear on an emergency
protection order and each protective order (Art. 17.292, Code of Criminal
Procedure; and Sec. 85.026, Family Code, respectively).  

EFFECTIVE DATE

September 1, 2001.