SB1748 - Relating to notice for certain defendants regarding the unlawful possession or acquisition of a firearm or ammunition and a related affidavit of firearm dispossession.

  89R9027 LHC-D     By: Alvarado S.B. No. 1748       A BILL TO BE ENTITLED   AN ACT   relating to notice for certain defendants regarding the unlawful   possession or acquisition of a firearm or ammunition and a related   affidavit of firearm dispossession.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 42.0131, Code of Criminal Procedure, is   amended to read as follows:          Art. 42.0131.  REQUIRED NOTICE FOR PERSONS CONVICTED OF   MISDEMEANORS INVOLVING FAMILY VIOLENCE ; AFFIDAVIT OF FIREARM   DISPOSSESSION .   (a)   In this article, "firearm" has the meaning   assigned by Section 46.01, Penal Code.           (b)   If a person is convicted of a misdemeanor involving   family violence, as defined by Section 71.004, Family Code, the   court shall :                 (1)   notify the person orally and in writing of the fact   that it is unlawful for the person to possess or transfer a firearm   or ammunition ;                 (2)     provide the person an affidavit of firearm   dispossession described by Subsection (c); and                 (3)     inform the person that the affidavit of firearm   dispossession must be completed and returned to the court not later   than 48 hours after the person receives the notification under this   subsection .           (c)  An affidavit of firearm dispossession must include:                 (1)  the following information:                       (A)     the deadline for the person to transfer or   surrender all firearms in the person's possession and return the   completed, signed affidavit; and                       (B)     lawful methods for transferring or   surrendering a firearm, including:                             (i)     transferring the firearm to a third   party who may lawfully possess a firearm;                             (ii)     surrendering the firearm to a   designated law enforcement agency; and                             (iii)     any other method of transferring the   firearm that complies with state and federal law, including the   National Firearms Act (26 U.S.C. Section 5801 et seq.);                 (2)     a declaration under penalty of perjury that all   firearms and ammunition in the person's possession have been   lawfully transferred or surrendered; and                 (3)     notice of the penalties for failure to comply with   the required dispossession of all firearms and ammunition,   including state and federal penalties.           (d)     On receipt of a completed affidavit of firearm   dispossession described by Subsection (c), the court shall send a   copy of the affidavit, the judgment in the case, and the details of   the person's firearm dispossession to the sheriff in the county in   which the person resides and, if applicable, the law enforcement   agency with jurisdiction over the municipality in which the person   resides.           (e)     The Texas Commission on Law Enforcement shall develop   written model policies and related forms that law enforcement   agencies may use to implement the requirements of this article,   including separate model policies tailored to the needs of law   enforcement agencies located in rural and urban areas.   The   commission shall post the written model policies and related forms   on the commission's Internet website.   The commission may   collaborate with urban and rural law enforcement agencies, the   Office of Court Administration of the Texas Judicial System, and   any other agencies as necessary to develop the model policies under   this subsection.          SECTION 2.  Not later than January 1, 2026, the Texas   Commission on Law Enforcement shall publish the model policies   required by Article 42.0131(e), Code of Criminal Procedure, as   added by this Act.          SECTION 3.  The changes in law made by this Act apply 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 4.  This Act takes effect September 1, 2025.