88R3322 JSC-D
	By: Ordaz	H.B. No. 1617

	A BILL TO BE ENTITLED
	AN ACT
	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 [purchase] a firearm, including a handgun or
	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 [purchase] 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 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 [purchase] a firearm, including a handgun or
	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 [purchase] 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 4.  Article 42.0131, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 42.0131.  REQUIRED NOTICE REGARDING FIREARMS [FOR
	PERSONS CONVICTED OF MISDEMEANORS INVOLVING FAMILY VIOLENCE]. If a
	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
	[transfer] a firearm or ammunition; and
	(2)  a person who makes a false statement to the court
	under oath relating to the person's possession or acquisition of a
	firearm or ammunition 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.