Due to the recent enactment of Senate Bill 1236, citations issued by law enforcement officers are required to contain an admonishment related to possession of firearms, in certain circumstances. Effectively immediately, every citation issued must have this admonishment affixed to the violator’s copy.
SB 1236 amends the Code of Criminal Procedure, art. 14.06 to require that for a person charged with a class C misdemeanor (maximum fine of $500), other than public intoxication, and issued a citation, the citation would have to include 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 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 purchase a firearm, you should consult an attorney.
The court would be required to issue the same admonishment, orally or in writing, before accepting a plea of guilty or no contest by a defendant charged with a misdemeanor involving family violence. The statement on the citation issued under art. 14.06 could serve as the admonishment if the defendant was charged with a misdemeanor punishable by fine only. At arraignment, before accepting a plea of guilty or no contest, the court no longer would have to admonish the defendant that it was unlawful for the defendant to possess or transfer a firearm or ammunition if the defendant was convicted of a misdemeanor involving family violence. The bill would take effect September 1, 2009, and would apply only to offenses committed on or after this date.
All Class C citations (including traffic tickets) will now include this.