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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of a firearm seized from certain |
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persons with mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 18.191(c) and (d), Code of Criminal |
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Procedure, are amended to read as follows: |
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(c) Not later than the 30th day after the date a firearm |
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subject to disposition under this article is seized, the law |
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enforcement agency holding the firearm shall contact the court in |
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the county having jurisdiction to order commitment under Chapter |
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574, Health and Safety Code, and request the disposition of the |
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case. Not later than the 30th day after the date of this request, |
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the clerk of the court shall advise the requesting agency whether |
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the person taken into custody was released under Section 573.023 or |
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574.028, Health and Safety Code, or was ordered to receive |
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inpatient mental health services under Section 574.034 or 574.035, |
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Health and Safety Code. |
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(d) Not later than the 30th day after the date the clerk of |
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the court informs a law enforcement agency holding a firearm |
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subject to disposition under this article that the person taken |
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into custody was released under Section 573.023 or 574.028, Health |
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and Safety Code, the law enforcement agency shall: |
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(1) conduct a check of state and national criminal |
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history record information to verify whether the person may |
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lawfully possess a firearm under 18 U.S.C. Section 922(g); and |
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(2) provide written notice to the person by certified |
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mail that the firearm may be returned to the person on verification |
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under Subdivision (1) that the person may lawfully possess the |
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firearm. |
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SECTION 2. This Act takes effect September 1, 2015. |