Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1131 Compare Versions

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

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2	2	<BillNo> <Sponsor>
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4	4	SENATE BILL 1131
5	5	By Yarbro
6	6
7	7
8	8	SB1131
9	9	003017
10	10	- 1 -
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12	12	AN ACT to amend Tennessee Code Annotated, Title 36
13	13	and Title 39, relative to emergency protection
14	14	orders.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, is amended by adding
18	18	the following as a new part:
19	19	39-17-1901.
20	20	(a) A family member, household member, intimate partner, or law enforcement
21	21	officer who has a reasonable belief that a person poses an imminent risk of harm to the
22	22	person or others if allowed to purchase or possess a firearm may seek relief under this
23	23	part by filing a sworn petition for an emergency protection order against the respondent.
24	24	(b) Venue for a petition for an emergency protection order, and all other matters
25	25	relating to emergency orders of protection, is in the county where the respondent
26	26	resides. If the respondent is not a resident of Tennessee, then the petition may be filed
27	27	in the county where the petitioner resides.
28	28	(c) Notwithstanding another law to the contrary, a person filing a petition for an
29	29	emergency protection order must not be required to bear the costs, including any court
30	30	costs, filing fees, litigation taxes, or any other costs associated with the filing, issuance,
31	31	registration, service, dismissal or nonsuit, appeal or enforcement of an ex parte
32	32	emergency protection order, emergency protection order, or a petition for either such
33	33	order, whether issued inside or outside this state. If the court, after the hearing on the
34	34	petition, issues or extends an emergency protection order, then the court shall assess all
35	35	court costs, filing fees, litigation taxes, and attorney fees against the respondent.
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40	40	(d) As used in this part:
41	41	(1) "Emergency protection order" means an order of protection issued
42	42	pursuant to this part;
43	43	(2) "Family member" means a person who is related to the respondent by
44	44	blood, adoption, or marriage or was formerly related to the respondent by
45	45	marriage;
46	46	(3) "Household member" means a person who lives or has lived in the
47	47	same household with the respondent; and
48	48	(4) "Intimate partner" means a person who is dating or has dated the
49	49	respondent or has or had a sexual relationship with the respondent.
50	50	39-17-1902.
51	51	(a) Upon the filing of a petition for an emergency protection order, the court may
52	52	immediately, for good cause shown, issue an ex parte emergency protection order. An
53	53	immediate and present risk of harm to the respondent or others if the respondent is
54	54	allowed to purchase or possess a firearm constitutes good cause for purposes of this
55	55	section. An ex parte emergency protection order must prohibit the respondent from
56	56	purchasing or possessing any firearm during the period that the order is in effect.
57	57	(b) Within thirty (30) days of service of an ex parte emergency protection order
58	58	on the respondent, a hearing must be held, at which time the court shall either dissolve
59	59	the order that has been issued, or shall, if the petitioner has proved the allegation of an
60	60	imminent risk of harm by a preponderance of the evidence, extend the emergency
61	61	protection order for a definite period of time, not to exceed one (1) year, unless a further
62	62	hearing on the continuation of such order is requested by the respondent or the
63	63	petitioner; in which case, on proper showing of cause, such order may be continued for a
64	64	further definite period of one (1) year, after which time a further hearing must be held for
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69	69	any subsequent one-year period. Any ex parte emergency protection order must be in
70	70	effect until the time of the hearing, and, if the hearing is held within thirty (30) days of
71	71	service of such order, then the ex parte order continues in effect until the entry of any
72	72	subsequent emergency protection order issued pursuant to this part. If no ex parte
73	73	emergency protection order has been issued as of the time of the hearing, and the
74	74	petitioner has proven the allegation of an imminent risk of harm by a preponderance of
75	75	the evidence, then the court may, at that time, issue an emergency protection order
76	76	prohibiting the respondent from purchasing or possessing any firearm for a definite
77	77	period of time, not to exceed one (1) year.
78	78	(c) The court must cause a copy of the petition and notice of the date set for the
79	79	hearing on such petition, as well as a copy of any ex parte emergency protection order, if
80	80	applicable, to be served upon the respondent at least five (5) days prior to such hearing.
81	81	An ex parte emergency protection order issued pursuant to this section must be
82	82	personally served upon the respondent. However, if the respondent is not a resident of
83	83	Tennessee, the ex parte emergency protection order must be served pursuant to §§ 20-
84	84	2-215 and 20-2-216. The notice must advise the respondent that the respondent may
85	85	be represented by counsel. In any case in which the petitioner is a minor, unless the
86	86	court finds that the action would create a threat of serious harm to the minor, a copy of
87	87	the petition, notice of hearing, and any ex parte emergency protection order must also
88	88	be served on the parents of the minor, or in the event that the parents are not living
89	89	together and jointly caring for the minor, upon the primary residential parent, pursuant to
90	90	the requirements of this part.
91	91	(d) Within the time the emergency protection order is in effect, any court of
92	92	competent jurisdiction may modify the emergency protection order, either upon the
93	93	court's own motion or upon motion of the petitioner.
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98	98	(e) Within the time the emergency protection order is in effect, any court of
99	99	competent jurisdiction may terminate the emergency protection order, either upon the
100	100	court's own motion or upon motion of the respondent. In order to terminate the
101	101	emergency protection order, the court must find that the respondent no longer poses an
102	102	imminent risk of harm to the person or others if allowed to purchase or possess a
103	103	firearm.
104	104	(f) The clerk shall immediately forward a copy of any emergency protection order
105	105	issued and any subsequent modifications or dismissals to the petitioner, respondent,
106	106	and the local law enforcement agencies having jurisdiction in the area where the
107	107	respondent resides. Upon receipt of the copy of the emergency protection order,
108	108	modification, or dismissal from the issuing court or clerk's office, the local law
109	109	enforcement agency shall take any necessary action to immediately transmit the order to
110	110	the national crime information center.
111	111	39-17-1903.
112	112	(a) If the respondent has been served with a copy of a petition for an emergency
113	113	protection order, notice of hearing, and any ex parte order issued pursuant to § 39-17-
114	114	1902, then any subsequent protection order is effective when the order is entered. For
115	115	purposes of this section, an order is considered entered when such order is signed by:
116	116	(1) The judge and all parties or counsel;
117	117	(2) The judge and one (1) party or counsel and contains a certificate of
118	118	counsel that a copy of the proposed order has been served on all other parties or
119	119	counsel; or
120	120	(3) The judge and contains a certificate of the clerk that a copy has been
121	121	served on all other parties or counsel.
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126	126	(b) Service upon a party or counsel must be made by delivering to such party or
127	127	counsel a copy of the emergency protection order, or by the clerk mailing the order to
128	128	the party's last known address. If the party's last known address is unknown and cannot
129	129	be ascertained upon diligent inquiry, then the certificate of service must so state.
130	130	Service by mail is complete upon mailing. In order to complete service of process in a
131	131	timely manner on a party who lives outside the county where the order was issued, the
132	132	clerk may transmit the order to the sheriff in the appropriate county by facsimile or other
133	133	electronic transmission.
134	134	(c) Notwithstanding when an order is considered entered under subsection (a), if
135	135	the court finds that the protection of the petitioner, respondent, or others so requires,
136	136	then the court may order, in the manner provided by law or rule, that the protection order
137	137	take effect immediately.
138	138	(d) If the respondent has been served with a copy of the petition, notice of
139	139	hearing, and any ex parte order issued pursuant to § 39-17-1902, then an emergency
140	140	protection order issued pursuant to this part after a hearing is in full force and effect
141	141	against the respondent from the time the order is entered regardless of whether the
142	142	respondent is present at the hearing.
143	143	39-17-1904.
144	144	(a)
145	145	(1) It is an offense to knowingly violate an emergency protection order.
146	146	(2) A violation of subdivision (a)(1) is a Class A misdemeanor.
147	147	(b) After a respondent has been arrested for a violation of this part, the arresting
148	148	officer must inform the person who petitioned the court to issue the emergency
149	149	protection order that the respondent has been arrested for a violation of that order and
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154	154	that the respondent may be eligible to post bond for the offense and be released until the
155	155	date of trial for the offense.
156	156	(c) An arrest or the issuance of a warrant or capias for a violation of this part
157	157	does not in any way affect the validity or enforceability of any emergency protection
158	158	order.
159	159	(d) In order to constitute a violation of subsection (a):
160	160	(1) The respondent must have received notice of the request for an
161	161	emergency protection order;
162	162	(2) The respondent must have had an opportunity to appear and be
163	163	heard in connection with the emergency protection order; and
164	164	(3) The court must have made specific findings of fact in the emergency
165	165	protection order that the respondent posed an imminent risk of harm to the
166	166	respondent or others if allowed to purchase or possess a firearm.
167	167	(e) An arrest for violation of an emergency protection order may be with or
168	168	without a warrant. A law enforcement officer shall arrest the respondent without a
169	169	warrant if:
170	170	(1) The officer has proper jurisdiction over the area in which the violation
171	171	occurred;
172	172	(2) The officer has reasonable cause to believe the respondent has
173	173	violated or is in violation of the emergency protection order; and
174	174	(3) The officer has verified whether an emergency protection order is in
175	175	effect against the respondent. If necessary, the police officer may verify the
176	176	existence of an emergency protection order by telephone or radio communication
177	177	with the appropriate law enforcement department.
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182	182	(f) An ex parte order of protection must not be enforced by arrest under
183	183	subsection (e) until the respondent has been served with the emergency protection order
184	184	or has otherwise acquired actual knowledge of such order.
185	185	39-17-1905.
186	186	(a) Upon issuance of an emergency protection order, the order must include on
187	187	its face the following disclosures:
188	188	(1) That the respondent is required to dispossess the respondent by any
189	189	lawful means, such as transferring possession to a third party who is not
190	190	prohibited from possessing firearms, of all firearms the respondent possesses
191	191	within forty-eight (48) hours of the issuance of the order;
192	192	(2) That the respondent is prohibited from possessing a firearm for so
193	193	long as the protection order or any successive protection order is in effect, and
194	194	may reassume possession of the dispossessed firearm at such time as the order
195	195	expires or is otherwise no longer in effect; and
196	196	(3) Notice of the penalty for any violation of § 39-17-1904.
197	197	(b) The court must then order and instruct the respondent:
198	198	(1) To terminate the respondent's physical possession of the firearms in
199	199	the respondent's possession by any lawful means, such as transferring
200	200	possession to a third party who is not prohibited from possessing firearms, within
201	201	forty-eight (48) hours; and
202	202	(2) That if the respondent possesses firearms as business inventory or
203	203	that are registered under the National Firearms Act (26 U.S.C. § 5801 et seq.),
204	204	there are additional statutory provisions that may apply, and the court shall
205	205	include these additional provisions in the content of the order.
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210	210	(c) When the respondent is lawfully dispossessed of firearms as required by this
211	211	section, the respondent shall complete an affidavit of firearms dispossession form and
212	212	return it to the court issuing the protection order.
213	213	(d) In determining what a lawful means of dispossession is:
214	214	(1) If the dispossession, including, but not limited to, the transfer of
215	215	weapons registered under the National Firearms Act (26 U.S.C. § 5801 et seq.),
216	216	requires the approval of any state or federal agency prior to the transfer of the
217	217	firearm, then the respondent may comply with the dispossession requirement by
218	218	having the firearm or firearms placed into a safe or similar container that is
219	219	securely locked and to which the respondent does not have the combination,
220	220	keys, or other means of normal access; and
221	221	(2) If the respondent is licensed as a federal firearms dealer or a
222	222	responsible party under a federal firearms license, then the determination of
223	223	whether such an individual possesses firearms that constitute business inventory
224	224	under the federal license must be made based upon the applicable federal
225	225	statutes or the rules, regulations and official letters, and rulings and publications
226	226	of the federal bureau of alcohol, tobacco, firearms, and explosives. The
227	227	protection order shall not require the surrender or transfer of the inventory if there
228	228	are one (1) or more individuals who are responsible parties under the federal
229	229	license who are not the respondent subject to the protection order.
230	230	(e) A firearm subject to this section is not forfeited as provided in § 39-17-1317,
231	231	unless the possession of the firearm prior to the entry of the protection order constituted
232	232	an independent crime of which the respondent has been convicted or the firearm is
233	233	abandoned by the respondent.
234	234	(f)
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239	239	(1) It is an offense for a person subject to an emergency protection order
240	240	to knowingly fail to surrender or transfer all firearms the respondent possesses
241	241	as required by this section.
242	242	(2) A violation of subdivision (f)(1) is a Class A misdemeanor, and each
243	243	violation constitutes a separate offense.
244	244	(3) If the violation of subdivision (f)(1) also constitutes a violation of § 39-
245	245	17-1904, then the respondent may also be charged and convicted under that
246	246	section.
247	247	39-17-1906.
248	248	(a)
249	249	(1) The clerk of court shall provide forms that may be necessary to seek
250	250	an emergency protection order. The forms must be limited to use in petitions
251	251	filed under this part and made available to all who request assistance in filing a
252	252	petition. The clerk may obtain the most current forms by printing them from the
253	253	website of the administrative office of the courts.
254	254	(2) The petitioner is not limited to the use of these forms and may
255	255	present to the court any legally sufficient petition in whatever form. The clerk
256	256	shall also assist a person who is not represented by counsel by filling in the
257	257	name of the court on the petition, indicating where the petitioner's name must be
258	258	filled in, reading through the petition form with the petitioner, and rendering any
259	259	assistance, other than providing legal advice, that is necessary for the filing of the
260	260	petition. All such petitions that are filed pro se must be liberally construed
261	261	procedurally in favor of the petitioner.
262	262	(b) The administrative office of the courts shall develop a petition for an
263	263	emergency protection order form, an amended emergency protection order form, an ex
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268	268	parte emergency protection order form, an affidavit of firearms dispossession form, and
269	269	other forms that are found to be necessary and advisable for the implementation of this
270	270	part. The forms must be revised as the laws relative to emergency protection orders and
271	271	ex parte emergency protection orders are amended. To the extent possible, the forms
272	272	must be uniform with those promulgated by surrounding states so that Tennessee forms
273	273	may be afforded full faith and credit.
274	274	(c) The form developed by the administrative office of the courts must fully
275	275	advise the respondent in language substantially similar to the following:
276	276	(1) If the emergency protection order is granted, then the respondent is
277	277	required to terminate physical possession by any lawful means, such as
278	278	transferring possession to a third party who is not prohibited from possessing
279	279	firearms, of all firearms that the respondent possesses within forty-eight (48)
280	280	hours of the granting of the order;
281	281	(2) It is a criminal offense for a person subject to an emergency
282	282	protection order, to purchase or possess a firearm while that order is in effect;
283	283	and
284	284	(3) The issuance of an emergency protection order will terminate or, at
285	285	least, suspend the individual's right to purchase or possess a firearm while the
286	286	order is in effect.
287	287	(d) The forms may be used in all courts exercising jurisdiction over emergency
288	288	protection orders.
289	289	SECTION 2. For the purpose of developing the required forms, this act takes effect
290	290	upon becoming a law, the public welfare requiring it. For all other purposes, this act takes effect
291	291	July 1, 2025, the public welfare requiring it.