HBA-SEB H.B. 2124 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2124
By: Cuellar
Juvenile Justice and Family Issues
7/22/1999
Enrolled



BACKGROUND AND PURPOSE 

Currently, a magistrate is authorized to issue an order for emergency
protection in a case involving family violence.  The order prevents the
defendant from going within 200 yards of the victim for 31 days.  In many
cases, however, the magistrate does not issue an order for emergency
protection.  A victim of domestic violence who is not under such an order
may be in danger if the defendant is released from jail.  H.B. 2124
requires a magistrate to issue an order for emergency protection in a
family violence case if the victim sustained serious injury or the
defendant used or exhibited a deadly weapon.  It also modifies the
circumstances under which a person's handgun license may be suspended. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 17.292, Code of Criminal Procedure, to require a
magistrate to issue an order for emergency protection at a defendant's
appearance before the magistrate if an arrest involving family violence
includes serious injury to the victim or the use or exhibition of a deadly
weapon during the commission of an assault.  Authorizes the magistrate, in
an order for emergency protection, to suspend a license to carry a
concealed handgun that is held by the defendant. Redesignates Subsections
(c)-(j) and (k) to (d)-(k) and (m), respectively. 

SECTION 2.  Amends Chapter 17, Code of Criminal Procedure, by adding
Article 17.293, as follows: 

Art. 17.293.  DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS.
Requires the magistrate or clerk of the magistrate's court issuing an order
for emergency protection that suspends a license to carry a concealed
handgun to immediately send a copy of the order to the appropriate division
of the Department of Public Safety (DPS) at its Austin headquarters.
Requires DPS to record the suspension of the license in the records of DPS,
report the suspension to local law enforcement agencies, as appropriate,
and demand surrender of the suspended license from the license holder.  

SECTION 3.  Amends Section 85.022, Family Code, by adding Subsection (d),
to authorize the court, in a protective order, to suspend a license to
carry a concealed handgun that is held by a person found to have committed
family violence.  

SECTION 4.  Amends Section 85.042, Family Code, by adding Subsection (e),
to require the clerk of the court issuing an original or modified
protective order that suspends a license to carry a concealed handgun to
send a copy of the order to the appropriate division of DPS at its Austin
headquarters.  Requires DPS to record the suspension of the license in the
records of DPS,  report the suspension to local law enforcement agencies,
as appropriate, and demand surrender of the suspended license from the
license holder. 
 
SECTION 5.  Amends Section 411.180, Government Code, by adding Subsection
(i), to provide that  this section does not apply to a suspension of a
license under Section 85.022, Family Code, or Article 17.292, Code of
Criminal Procedure.  

SECTION 6.  Amends Sections 411.187(a) and (c), Government Code, to
authorize a handgun license to be suspended if the license holder commits
an act of family violence and is the subject of an active protective order
or is arrested for an offense involving family violence or stalking and is
the subject of an order for emergency protection. Sets forth the duration
of the license suspension. 

SECTION 7.  Provides that the text of Sections 411.187(a) and (c),
Government Code, gives effect to changes made by Chapter 1261, Acts of the
75th Legislature, Regular Session, 1997.  Establishes that this Act
prevails over any conflicting Act of the 76th Legislature, Regular Session,
1999, relating to nonsubstantive additions to and corrections in enacted
codes. 

SECTION 8.  Effective date: September 1, 1999.

SECTION 9. Emergency clause.