The following are rough notes taken at the hearing. The notes focus mainly on the testimony given to the committee by the panels about the current situation and possible changes.
Panel 1 DPS
Texas is good at responding to shootings. Focus on prevention now.
Problem: Lone actors. Soft targets.
Pre attack indicators existed.
Reaching public on avoiding attack is needed.
Governor's Executive Orders
1. Threat to life
Intake questions being reviewed when people call in a concern. What questions to ask.
2. Reporting guidelines for suspicious activities. TX is using
federal guidelines. Reasonably indicative. Observable behavior.
3. Training of call center and law enforcement needed.
Questions to panel —
1. Will get stakeholder input and train across state.
2. Reports — DHS guidelines used. Not reasonable suspicion but
observable. Training on indicators.
Suspicious activity. Capture pieces of info.
Data must be connected from multiple sources.
Mental health experts will be involved in developing intake questions.
Copycat pattern is a problem. Notoriety of shooters contributes. Copycats concerned with priors and body counts.
Rapidly communicate locally when problem identified.
Monitoring analysts at fusion centers have been added. Law enforcement and behavior
experts at fusion centers.
Fusion centers: 1 state hub. Total 8. Regional 7. Local
operation. Network and integrate with feds.
Need more people reporting in and law enforcement must follow up.
Smart phones can’t access even after the crime. Problem for law enforcement.
Lack enforcement and compliance of gun dealers and
manufacturers — ignorance of law by some.
What can law enforcement do with multiple suspicious reports if not violating laws?
Investigate to determine if threats
have been made. If yes, can do something more.
Red flags
There are civil tools to commit for mental health.
Red flag students on mental health. What is the due
process?
Law enforcement will follow up threat to life lead.
Scenarios for TROs with gun restraint and do street cops
see the flag when they do a stop?
Employers with upset employees should report.
Mental health crisis call - cops can seize weapons at the scene.
Local cops are main ones to investigate but get help from DPS and FBI.
5. Order to work with schools to train personnel.
6. Fusion teams with cross discipline and work with local enforcement. 16
agents assigned now. Hiring psychological. Big need for psychologists.
7. Resources for fusion centers. Monitor pro-actively.
Need funding. Moved resources to fusion centers for now to focus.
Request for $58 million. 24 added agents to 6 regions. 54
analysts. Psychologists - Big need in TX.
Other expenses.
3500 calls a day nationally. Used to estimate.
Tools needed — social media threat to life reports. Work with companies. Need specifics of threat - who and where.
Doctrine change on how to react to reports.
Software solutions to online radicalization. Identifying with software.
Fugitive rules — must be interstate flight for NICS following federal law review. If in state with warrant, it is not seen. Want arrest warrant info to be seen.
NICS delay — 3 day rule to respond. Warrant alone is not enough.
Special events are a problem -- Guns, vehicles, bombs.
Federal has conspiracy and attempt laws. State does not.
Protesters with masks, sticks, long guns. etc. aren’t
allowed on Capitol complex but allowed in other venues.
Panel 2 Tarrant County District Attorney's office, US Attorney's office
Who can possess firearms?
Mainly federal laws.
Texas has time periods if dispossessed, eg. 5 years after
probation.
Felony —
Deferred adjudication - not seen as conviction.
Felons 5 years after, can have at home in TX. Federal law
though has no limit.
Family violence Class C misdemeanor- no prohibition. (No injury)
Protective orders — different time periods. Not lifetime usually.
On bond for felony - no firearm.
Class C assault domestic - federal prohibition but not
TX.
Would not pass federal background check. Can’t buy but
can be in possession in TX.
3500 emergency detentions per year for mental health. 75%
police do it.
Possession. If given order not to possess what happens?
Not consistent. Judge driven.
No state action.
No prohibition on LTC for gang members. Gang members are flagged by law enforcement (can be for wearing colors or self-admitting or other reason).
Is there a penalty if possess when should not? Some cases have penalty but some have
small misdemeanor.
Gang member - legal standard to tag?
Penalties for lying in background check. No follow up now.
Maybe tampering with government record could be used.
Do we (TX) need to mirror some federal laws as state laws in order to enforce and have penalties?
Incompetent for trial. DPS is supposed to report to NICS.
Family court domestic violence. Judges order to
surrender guns. Law if caught but no follow up.
May need law about retrieving weapons when judge orders.
US bond prohibition. Judge orders turn over of guns to someone as condition
of release. Services sent to homes to verify that weapons turned over to person
stated.
Some counties have done surrender programs. Funded by
state. Travis, Bexar and others. No authority under law for judges to demand it.
Federal penalty to lie and buy on background check.
700,000 per year federally. Feds prosecute them when caught in another context. Usually straw
purchases to traffic.
Lie and try not as much. Not pursued.
Federal prosecute drug user in possession of firearm.
Can prosecute. State law possible.
US Attorney representative will send quick reference of differences between
federal and state. She indicated that federal law is complex so real analysis is long.
Current problem investigating tax stamp on firearm. Need info from feds but can’t get
it. Mirror law in TX as possible solution.
If can’t possess, need law when go to sell gun.
Red flag laws. Concerns. Legality.
People don’t report observations, just after the fact. Need to encourage people.
Law enforcement should go talk to person, check social media (public), etc.
Even if can’t charge, law enforcement can go talk. Stopped student when
parents called. Intervened. No arrest but can either clear it up, get parent involved, find out more.
Example of problem: Threats to do vague violence when held in mental facility
if released. Why not flagged as mentally unfit? What grounds to hold the person?
Suggestion from fed. Embed an assistant district attorney with federal attorney to work on case to see who can prosecute better. Can be hard to get info from state attorneys. Have AG responsible perhaps.
Red flag due process in other states and TX proposal. Certain people can petition judge
that person is danger. Individual has right to present side with lawyer. Notice, hearing, response -- elements of due process. Can’t just be risk. Needs specific actions as evidence —
examples. Can do ex parte ruling a few days before a full hearing. Burden is "clear and
convincing", same as terminating child care rights.
Involuntary in-patient mental health disqualifies for gun possession.
TX has been keeping current in mental health records.
304,000 records currently in NICS from TX.
Odessa shooter had mental health record and was disqualified. Got gun another way - investigation ongoing.
Protective orders
Timeframe to report 1 business day.
3 days law enforcement update.
Inconsistent state law. List given by David Slayton.
Noted judges don’t have authority on turning over guns.
Protective order registry - single place to register for
state and put out to law enforcement. Just passed.
Class C family violence. New law requires person accused to come in
person and get notice of no firearm possession.
Domestic violence bond bill passed but vetoed due to nuclear waste amendment.
Increased law enforcement ability to know who is out on bonds. Try
again.
New reporting system put in especially for small counties so info gets to state and fed.
Non standard forms is confusing in state. Can be fixed without law through court.
NICS. Data not put in by military in Sutherland
Springs case.
Need timely and accurate data.
Fund position, now grant funded, to help local offices put data in
correctly.
Violence less than 5% related to the offender having a mental health condition.
Nationwide statistic.
No history, no diagnosis of mental health of violent offenders in studies, only 5% of time.
Emotionally disturbed but not mental disability. Mentally
ill generally not able to carry out a plan like this.
Data on impact of bad messages in music, internet, video games?
New studies being done on healthier socialization skills for children. Limiting screen time for example.
Most incidents had warning signs. Mental health call
centers used in TX. Neighbors call often to report issues.
Crisis intervention teams with law enforcement and mental
health expert follow up. Need more funding.
Early intervention is important. Talk and connect with people. Not SWAT.
