Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1222 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SENATE BILL 1131
3	3	By Yarbro
4	4
5	5	HOUSE BILL 1222
6	6	By Johnson
7	7
8	8
9	9	HB1222
10	10	003017
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 36
14	14	and Title 39, relative to emergency protection
15	15	orders.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, is amended by adding
19	19	the following as a new part:
20	20	39-17-1901.
21	21	(a) A family member, household member, intimate partner, or law enforcement
22	22	officer who has a reasonable belief that a person poses an imminent risk of harm to the
23	23	person or others if allowed to purchase or possess a firearm may seek relief under this
24	24	part by filing a sworn petition for an emergency protection order against the respondent.
25	25	(b) Venue for a petition for an emergency protection order, and all other matters
26	26	relating to emergency orders of protection, is in the county where the respondent
27	27	resides. If the respondent is not a resident of Tennessee, then the petition may be filed
28	28	in the county where the petitioner resides.
29	29	(c) Notwithstanding another law to the contrary, a person filing a petition for an
30	30	emergency protection order must not be required to bear the costs, including any court
31	31	costs, filing fees, litigation taxes, or any other costs associated with the filing, issuance,
32	32	registration, service, dismissal or nonsuit, appeal or enforcement of an ex parte
33	33	emergency protection order, emergency protection order, or a petition for either such
34	34	order, whether issued inside or outside this state. If the court, after the hearing on the
35	35	petition, issues or extends an emergency protection order, then the court shall assess all
36	36	court costs, filing fees, litigation taxes, and attorney fees against the respondent.
37	37
38	38
39	39	- 2 - 003017
40	40
41	41	(d) As used in this part:
42	42	(1) "Emergency protection order" means an order of protection issued
43	43	pursuant to this part;
44	44	(2) "Family member" means a person who is related to the respondent by
45	45	blood, adoption, or marriage or was formerly related to the respondent by
46	46	marriage;
47	47	(3) "Household member" means a person who lives or has lived in the
48	48	same household with the respondent; and
49	49	(4) "Intimate partner" means a person who is dating or has dated the
50	50	respondent or has or had a sexual relationship with the respondent.
51	51	39-17-1902.
52	52	(a) Upon the filing of a petition for an emergency protection order, the court may
53	53	immediately, for good cause shown, issue an ex parte emergency protection order. An
54	54	immediate and present risk of harm to the respondent or others if the respondent is
55	55	allowed to purchase or possess a firearm constitutes good cause for purposes of this
56	56	section. An ex parte emergency protection order must prohibit the respondent from
57	57	purchasing or possessing any firearm during the period that the order is in effect.
58	58	(b) Within thirty (30) days of service of an ex parte emergency protection order
59	59	on the respondent, a hearing must be held, at which time the court shall either dissolve
60	60	the order that has been issued, or shall, if the petitioner has proved the allegation of an
61	61	imminent risk of harm by a preponderance of the evidence, extend the emergency
62	62	protection order for a definite period of time, not to exceed one (1) year, unless a further
63	63	hearing on the continuation of such order is requested by the respondent or the
64	64	petitioner; in which case, on proper showing of cause, such order may be continued for a
65	65	further definite period of one (1) year, after which time a further hearing must be held for
66	66
67	67
68	68	- 3 - 003017
69	69
70	70	any subsequent one-year period. Any ex parte emergency protection order must be in
71	71	effect until the time of the hearing, and, if the hearing is held within thirty (30) days of
72	72	service of such order, then the ex parte order continues in effect until the entry of any
73	73	subsequent emergency protection order issued pursuant to this part. If no ex parte
74	74	emergency protection order has been issued as of the time of the hearing, and the
75	75	petitioner has proven the allegation of an imminent risk of harm by a preponderance of
76	76	the evidence, then the court may, at that time, issue an emergency protection order
77	77	prohibiting the respondent from purchasing or possessing any firearm for a definite
78	78	period of time, not to exceed one (1) year.
79	79	(c) The court must cause a copy of the petition and notice of the date set for the
80	80	hearing on such petition, as well as a copy of any ex parte emergency protection order, if
81	81	applicable, to be served upon the respondent at least five (5) days prior to such hearing.
82	82	An ex parte emergency protection order issued pursuant to this section must be
83	83	personally served upon the respondent. However, if the respondent is not a resident of
84	84	Tennessee, the ex parte emergency protection order must be served pursuant to §§ 20-
85	85	2-215 and 20-2-216. The notice must advise the respondent that the respondent may
86	86	be represented by counsel. In any case in which the petitioner is a minor, unless the
87	87	court finds that the action would create a threat of serious harm to the minor, a copy of
88	88	the petition, notice of hearing, and any ex parte emergency protection order must also
89	89	be served on the parents of the minor, or in the event that the parents are not living
90	90	together and jointly caring for the minor, upon the primary residential parent, pursuant to
91	91	the requirements of this part.
92	92	(d) Within the time the emergency protection order is in effect, any court of
93	93	competent jurisdiction may modify the emergency protection order, either upon the
94	94	court's own motion or upon motion of the petitioner.
95	95
96	96
97	97	- 4 - 003017
98	98
99	99	(e) Within the time the emergency protection order is in effect, any court of
100	100	competent jurisdiction may terminate the emergency protection order, either upon the
101	101	court's own motion or upon motion of the respondent. In order to terminate the
102	102	emergency protection order, the court must find that the respondent no longer poses an
103	103	imminent risk of harm to the person or others if allowed to purchase or possess a
104	104	firearm.
105	105	(f) The clerk shall immediately forward a copy of any emergency protection order
106	106	issued and any subsequent modifications or dismissals to the petitioner, respondent,
107	107	and the local law enforcement agencies having jurisdiction in the area where the
108	108	respondent resides. Upon receipt of the copy of the emergency protection order,
109	109	modification, or dismissal from the issuing court or clerk's office, the local law
110	110	enforcement agency shall take any necessary action to immediately transmit the order to
111	111	the national crime information center.
112	112	39-17-1903.
113	113	(a) If the respondent has been served with a copy of a petition for an emergency
114	114	protection order, notice of hearing, and any ex parte order issued pursuant to § 39-17-
115	115	1902, then any subsequent protection order is effective when the order is entered. For
116	116	purposes of this section, an order is considered entered when such order is signed by:
117	117	(1) The judge and all parties or counsel;
118	118	(2) The judge and one (1) party or counsel and contains a certificate of
119	119	counsel that a copy of the proposed order has been served on all other parties or
120	120	counsel; or
121	121	(3) The judge and contains a certificate of the clerk that a copy has been
122	122	served on all other parties or counsel.
123	123
124	124
125	125	- 5 - 003017
126	126
127	127	(b) Service upon a party or counsel must be made by delivering to such party or
128	128	counsel a copy of the emergency protection order, or by the clerk mailing the order to
129	129	the party's last known address. If the party's last known address is unknown and cannot
130	130	be ascertained upon diligent inquiry, then the certificate of service must so state.
131	131	Service by mail is complete upon mailing. In order to complete service of process in a
132	132	timely manner on a party who lives outside the county where the order was issued, the
133	133	clerk may transmit the order to the sheriff in the appropriate county by facsimile or other
134	134	electronic transmission.
135	135	(c) Notwithstanding when an order is considered entered under subsection (a), if
136	136	the court finds that the protection of the petitioner, respondent, or others so requires,
137	137	then the court may order, in the manner provided by law or rule, that the protection order
138	138	take effect immediately.
139	139	(d) If the respondent has been served with a copy of the petition, notice of
140	140	hearing, and any ex parte order issued pursuant to § 39-17-1902, then an emergency
141	141	protection order issued pursuant to this part after a hearing is in full force and effect
142	142	against the respondent from the time the order is entered regardless of whether the
143	143	respondent is present at the hearing.
144	144	39-17-1904.
145	145	(a)
146	146	(1) It is an offense to knowingly violate an emergency protection order.
147	147	(2) A violation of subdivision (a)(1) is a Class A misdemeanor.
148	148	(b) After a respondent has been arrested for a violation of this part, the arresting
149	149	officer must inform the person who petitioned the court to issue the emergency
150	150	protection order that the respondent has been arrested for a violation of that order and
151	151
152	152
153	153	- 6 - 003017
154	154
155	155	that the respondent may be eligible to post bond for the offense and be released until the
156	156	date of trial for the offense.
157	157	(c) An arrest or the issuance of a warrant or capias for a violation of this part
158	158	does not in any way affect the validity or enforceability of any emergency protection
159	159	order.
160	160	(d) In order to constitute a violation of subsection (a):
161	161	(1) The respondent must have received notice of the request for an
162	162	emergency protection order;
163	163	(2) The respondent must have had an opportunity to appear and be
164	164	heard in connection with the emergency protection order; and
165	165	(3) The court must have made specific findings of fact in the emergency
166	166	protection order that the respondent posed an imminent risk of harm to the
167	167	respondent or others if allowed to purchase or possess a firearm.
168	168	(e) An arrest for violation of an emergency protection order may be with or
169	169	without a warrant. A law enforcement officer shall arrest the respondent without a
170	170	warrant if:
171	171	(1) The officer has proper jurisdiction over the area in which the violation
172	172	occurred;
173	173	(2) The officer has reasonable cause to believe the respondent has
174	174	violated or is in violation of the emergency protection order; and
175	175	(3) The officer has verified whether an emergency protection order is in
176	176	effect against the respondent. If necessary, the police officer may verify the
177	177	existence of an emergency protection order by telephone or radio communication
178	178	with the appropriate law enforcement department.
179	179
180	180
181	181	- 7 - 003017
182	182
183	183	(f) An ex parte order of protection must not be enforced by arrest under
184	184	subsection (e) until the respondent has been served with the emergency protection order
185	185	or has otherwise acquired actual knowledge of such order.
186	186	39-17-1905.
187	187	(a) Upon issuance of an emergency protection order, the order must include on
188	188	its face the following disclosures:
189	189	(1) That the respondent is required to dispossess the respondent by any
190	190	lawful means, such as transferring possession to a third party who is not
191	191	prohibited from possessing firearms, of all firearms the respondent possesses
192	192	within forty-eight (48) hours of the issuance of the order;
193	193	(2) That the respondent is prohibited from possessing a firearm for so
194	194	long as the protection order or any successive protection order is in effect, and
195	195	may reassume possession of the dispossessed firearm at such time as the order
196	196	expires or is otherwise no longer in effect; and
197	197	(3) Notice of the penalty for any violation of § 39-17-1904.
198	198	(b) The court must then order and instruct the respondent:
199	199	(1) To terminate the respondent's physical possession of the firearms in
200	200	the respondent's possession by any lawful means, such as transferring
201	201	possession to a third party who is not prohibited from possessing firearms, within
202	202	forty-eight (48) hours; and
203	203	(2) That if the respondent possesses firearms as business inventory or
204	204	that are registered under the National Firearms Act (26 U.S.C. § 5801 et seq.),
205	205	there are additional statutory provisions that may apply, and the court shall
206	206	include these additional provisions in the content of the order.
207	207
208	208
209	209	- 8 - 003017
210	210
211	211	(c) When the respondent is lawfully dispossessed of firearms as required by this
212	212	section, the respondent shall complete an affidavit of firearms dispossession form and
213	213	return it to the court issuing the protection order.
214	214	(d) In determining what a lawful means of dispossession is:
215	215	(1) If the dispossession, including, but not limited to, the transfer of
216	216	weapons registered under the National Firearms Act (26 U.S.C. § 5801 et seq.),
217	217	requires the approval of any state or federal agency prior to the transfer of the
218	218	firearm, then the respondent may comply with the dispossession requirement by
219	219	having the firearm or firearms placed into a safe or similar container that is
220	220	securely locked and to which the respondent does not have the combination,
221	221	keys, or other means of normal access; and
222	222	(2) If the respondent is licensed as a federal firearms dealer or a
223	223	responsible party under a federal firearms license, then the determination of
224	224	whether such an individual possesses firearms that constitute business inventory
225	225	under the federal license must be made based upon the applicable federal
226	226	statutes or the rules, regulations and official letters, and rulings and publications
227	227	of the federal bureau of alcohol, tobacco, firearms, and explosives. The
228	228	protection order shall not require the surrender or transfer of the inventory if there
229	229	are one (1) or more individuals who are responsible parties under the federal
230	230	license who are not the respondent subject to the protection order.
231	231	(e) A firearm subject to this section is not forfeited as provided in § 39-17-1317,
232	232	unless the possession of the firearm prior to the entry of the protection order constituted
233	233	an independent crime of which the respondent has been convicted or the firearm is
234	234	abandoned by the respondent.
235	235	(f)
236	236
237	237
238	238	- 9 - 003017
239	239
240	240	(1) It is an offense for a person subject to an emergency protection order
241	241	to knowingly fail to surrender or transfer all firearms the respondent possesses
242	242	as required by this section.
243	243	(2) A violation of subdivision (f)(1) is a Class A misdemeanor, and each
244	244	violation constitutes a separate offense.
245	245	(3) If the violation of subdivision (f)(1) also constitutes a violation of § 39-
246	246	17-1904, then the respondent may also be charged and convicted under that
247	247	section.
248	248	39-17-1906.
249	249	(a)
250	250	(1) The clerk of court shall provide forms that may be necessary to seek
251	251	an emergency protection order. The forms must be limited to use in petitions
252	252	filed under this part and made available to all who request assistance in filing a
253	253	petition. The clerk may obtain the most current forms by printing them from the
254	254	website of the administrative office of the courts.
255	255	(2) The petitioner is not limited to the use of these forms and may
256	256	present to the court any legally sufficient petition in whatever form. The clerk
257	257	shall also assist a person who is not represented by counsel by filling in the
258	258	name of the court on the petition, indicating where the petitioner's name must be
259	259	filled in, reading through the petition form with the petitioner, and rendering any
260	260	assistance, other than providing legal advice, that is necessary for the filing of the
261	261	petition. All such petitions that are filed pro se must be liberally construed
262	262	procedurally in favor of the petitioner.
263	263	(b) The administrative office of the courts shall develop a petition for an
264	264	emergency protection order form, an amended emergency protection order form, an ex
265	265
266	266
267	267	- 10 - 003017
268	268
269	269	parte emergency protection order form, an affidavit of firearms dispossession form, and
270	270	other forms that are found to be necessary and advisable for the implementation of this
271	271	part. The forms must be revised as the laws relative to emergency protection orders and
272	272	ex parte emergency protection orders are amended. To the extent possible, the forms
273	273	must be uniform with those promulgated by surrounding states so that Tennessee forms
274	274	may be afforded full faith and credit.
275	275	(c) The form developed by the administrative office of the courts must fully
276	276	advise the respondent in language substantially similar to the following:
277	277	(1) If the emergency protection order is granted, then the respondent is
278	278	required to terminate physical possession by any lawful means, such as
279	279	transferring possession to a third party who is not prohibited from possessing
280	280	firearms, of all firearms that the respondent possesses within forty-eight (48)
281	281	hours of the granting of the order;
282	282	(2) It is a criminal offense for a person subject to an emergency
283	283	protection order, to purchase or possess a firearm while that order is in effect;
284	284	and
285	285	(3) The issuance of an emergency protection order will terminate or, at
286	286	least, suspend the individual's right to purchase or possess a firearm while the
287	287	order is in effect.
288	288	(d) The forms may be used in all courts exercising jurisdiction over emergency
289	289	protection orders.
290	290	SECTION 2. For the purpose of developing the required forms, this act takes effect
291	291	upon becoming a law, the public welfare requiring it. For all other purposes, this act takes effect
292	292	July 1, 2025, the public welfare requiring it.