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(a)In this section, "Firearm" has the meaning assigned
that term by Penal Code §46.01(3).
(b)When a person, by entry of an order or judgment,
becomes by state law ineligible to possess a firearm or ammunition,
the trial court must inform that person of the person's ineligibility
to possess a firearm or ammunition.
(1)If the person is appearing before the court when
the person is or becomes ineligible, the court must:
(A)orally admonish the person, in a manner the person
can understand, that the person is ineligible to possess a firearm
or ammunition; and
(B)provide the person with a written admonishment
informing that person of the person's ineligibility to possess a firearm
or ammunition.
(2)If the person is not appearing before the court
when the person is or becomes ineligible, the court must provide the
person, by a method reasonably likely to provide notice to the person,
with a written admonishment informing that person of the person's
ineligibility to possess a firearm or ammunition.
(c)The admonishment must clearly inform a person that
possession of a firearm or ammunition could lead to additional charges.
(d)The Office of Court Administration shall publish
on its website model admonishment language and a written model admonishment
form approved by the Texas Judicial Council for use by a court and
for distribution by a court to a person informing that person of the
person's ineligibility to possess a firearm or ammunition.
(e)The Office of Court Administration must coordinate
with the Court of Criminal Appeals and the judicial training entities
to ensure that judges are provided adequate training regarding the
admonishments required by this rule and by law.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on May 22, 2020
TRD-202002054 Maria Elena Ramon
General Counsel
Texas Judicial Council
Effective date: September 1, 2020
Proposal publication date: December 13, 2019
For further information, please call: (512) 936-7553
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