84R5374 MAW-F
By: RodrÃguez S.B. No. 1006
A BILL TO BE ENTITLED
AN ACT
relating to gun violence restraining orders and gun seizure
warrants; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 7B to read as follows:
CHAPTER 7B. GUN VIOLENCE RESTRAINING ORDERS
AND GUN SEIZURE WARRANTS
Art. 7B.01. DEFINITIONS. In this chapter:
(1) "Firearm" has the meaning assigned by Section
46.01, Penal Code.
(2) "Gun seizure warrant" means a written order issued
by a judge and directed to a peace officer commanding the officer to
seize any firearms that are purchased, owned, possessed, or
controlled by a person who is subject to a gun violence restraining
order and to bring the firearms before the judge.
(3) "Gun violence restraining order" means a court
order prohibiting a person from purchasing, owning, possessing, or
controlling a firearm.
Art. 7B.02. ISSUANCE OF GUN VIOLENCE RESTRAINING ORDER.
(a) Any person may submit to a court an application requesting the
issuance of a gun violence restraining order. A judge shall issue a
gun violence restraining order if the judge determines that the
order is necessary to prevent a significant risk of personal injury
to any person, including the person who is the subject of the order.
(b) In determining whether to issue a gun violence
restraining order to prohibit the purchase, ownership, possession,
or control of a firearm by a person, the judge:
(1) may examine, under oath, any witnesses the judge
considers necessary; and
(2) shall consider:
(A) recent threats or acts of violence by the
person directed toward any person;
(B) prior violations of any type of restraining
order by the person;
(C) prior history of use, attempted use, or
threatened use of violence by the person against any person;
(D) prior criminal history of the person;
(E) evidence of recent or ongoing abuse of
controlled substances or alcohol by the person; or
(F) evidence of recent acquisition of a firearm
or other deadly weapon.
(c) A judge may not issue a gun violence restraining order
for a period that exceeds one year.
(d) A gun violence restraining order must include:
(1) the date and time the order expires; and
(2) a statement that:
(A) the person may not purchase, own, possess,
control, or attempt to purchase, own, possess, or control a firearm
while the order is in effect; and
(B) the person is entitled to submit one written
request for a hearing at any time during the effective period of the
order to determine whether the order will be terminated before its
expiration date.
Art. 7B.03. ISSUANCE OF GUN SEIZURE WARRANT. (a) If there
is probable cause to believe that a person who is the subject of a
gun violence restraining order has violated the terms of the order,
the judge shall issue a gun seizure warrant directing a peace
officer to seize and retain any firearm specified in the warrant.
(b) A peace officer may seize a firearm specified in a gun
seizure warrant from any place or from any person in possession or
control of the firearm. A peace officer who seizes a firearm shall
give a receipt for the firearm to the person from whom the firearm
was taken. In the absence of a person, the officer shall leave the
receipt in the place where the firearm was located.
(c) A peace officer may not seize a firearm that is located
on property under the control of a person named in the gun seizure
warrant if:
(1) the property is occupied by multiple parties; and
(2) the firearm is lawfully owned by a person other
than the person named in the warrant, and the person named in the
warrant does not have access to or control of the firearm.
(d) A peace officer may not search, without consent, a gun
safe that is located on property under the control of a person named
in the gun seizure warrant if:
(1) the property is occupied by multiple parties; and
(2) the gun safe is owned by a person other than the
person named in the warrant.
Art. 7B.04. HEARING. (a) Not later than the 14th day after
the date of issuance of a gun violence restraining order or gun
seizure warrant, or a seizure made pursuant to a gun seizure
warrant, as applicable, the court shall hold a hearing on the
issuance of the order or warrant or the seizure made pursuant to the
warrant.
(b) At the hearing the state must prove by clear and
convincing evidence that the purchase, ownership, possession, or
control of a firearm by the person named in the gun violence
restraining order or gun seizure warrant poses a significant risk
of personal injury to any person.
(c) If the court finds that the state has not met the burden
of proof, the court shall, as applicable:
(1) rescind the gun violence restraining order or gun
seizure warrant; or
(2) issue an order for the return of any firearm seized
pursuant to the gun seizure warrant.
(d) A person who is the subject of a gun violence
restraining order may submit one written request at any time during
the effective period of the order to determine whether the order
will be terminated before its expiration date.
Art. 7B.05. REQUEST FOR RENEWAL OF ORDER. A judge may renew
a gun violence restraining order for one or more periods, the total
of which may not exceed one year. Before renewing the order the
court must hold a hearing and provide notice of the hearing to the
person named in the order.
SECTION 2. Chapter 46, Penal Code, is amended by adding
Section 46.025 to read as follows:
Sec. 46.025. VIOLATION OF GUN VIOLENCE RESTRAINING ORDER.
(a) A person commits an offense if the person purchases, owns,
possesses, or controls a firearm in violation of a gun violence
restraining order issued under Article 7B.02, Code of Criminal
Procedure.
(b) An offense under this section is a Class A misdemeanor.
SECTION 3. This Act takes effect September 1, 2015.