Texas 2015 - 84th Regular

Texas Senate Bill SB1006 Compare Versions

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

Old	New	Differences
1	1	84R5374 MAW-F
2	2	By: Rodríguez S.B. No. 1006
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to gun violence restraining orders and gun seizure
8	8	warrants; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 1, Code of Criminal Procedure, is amended
11	11	by adding Chapter 7B to read as follows:
12	12	CHAPTER 7B. GUN VIOLENCE RESTRAINING ORDERS
13	13	AND GUN SEIZURE WARRANTS
14	14	Art. 7B.01. DEFINITIONS. In this chapter:
15	15	(1) "Firearm" has the meaning assigned by Section
16	16	46.01, Penal Code.
17	17	(2) "Gun seizure warrant" means a written order issued
18	18	by a judge and directed to a peace officer commanding the officer to
19	19	seize any firearms that are purchased, owned, possessed, or
20	20	controlled by a person who is subject to a gun violence restraining
21	21	order and to bring the firearms before the judge.
22	22	(3) "Gun violence restraining order" means a court
23	23	order prohibiting a person from purchasing, owning, possessing, or
24	24	controlling a firearm.
25	25	Art. 7B.02. ISSUANCE OF GUN VIOLENCE RESTRAINING ORDER.
26	26	(a) Any person may submit to a court an application requesting the
27	27	issuance of a gun violence restraining order. A judge shall issue a
28	28	gun violence restraining order if the judge determines that the
29	29	order is necessary to prevent a significant risk of personal injury
30	30	to any person, including the person who is the subject of the order.
31	31	(b) In determining whether to issue a gun violence
32	32	restraining order to prohibit the purchase, ownership, possession,
33	33	or control of a firearm by a person, the judge:
34	34	(1) may examine, under oath, any witnesses the judge
35	35	considers necessary; and
36	36	(2) shall consider:
37	37	(A) recent threats or acts of violence by the
38	38	person directed toward any person;
39	39	(B) prior violations of any type of restraining
40	40	order by the person;
41	41	(C) prior history of use, attempted use, or
42	42	threatened use of violence by the person against any person;
43	43	(D) prior criminal history of the person;
44	44	(E) evidence of recent or ongoing abuse of
45	45	controlled substances or alcohol by the person; or
46	46	(F) evidence of recent acquisition of a firearm
47	47	or other deadly weapon.
48	48	(c) A judge may not issue a gun violence restraining order
49	49	for a period that exceeds one year.
50	50	(d) A gun violence restraining order must include:
51	51	(1) the date and time the order expires; and
52	52	(2) a statement that:
53	53	(A) the person may not purchase, own, possess,
54	54	control, or attempt to purchase, own, possess, or control a firearm
55	55	while the order is in effect; and
56	56	(B) the person is entitled to submit one written
57	57	request for a hearing at any time during the effective period of the
58	58	order to determine whether the order will be terminated before its
59	59	expiration date.
60	60	Art. 7B.03. ISSUANCE OF GUN SEIZURE WARRANT. (a) If there
61	61	is probable cause to believe that a person who is the subject of a
62	62	gun violence restraining order has violated the terms of the order,
63	63	the judge shall issue a gun seizure warrant directing a peace
64	64	officer to seize and retain any firearm specified in the warrant.
65	65	(b) A peace officer may seize a firearm specified in a gun
66	66	seizure warrant from any place or from any person in possession or
67	67	control of the firearm. A peace officer who seizes a firearm shall
68	68	give a receipt for the firearm to the person from whom the firearm
69	69	was taken. In the absence of a person, the officer shall leave the
70	70	receipt in the place where the firearm was located.
71	71	(c) A peace officer may not seize a firearm that is located
72	72	on property under the control of a person named in the gun seizure
73	73	warrant if:
74	74	(1) the property is occupied by multiple parties; and
75	75	(2) the firearm is lawfully owned by a person other
76	76	than the person named in the warrant, and the person named in the
77	77	warrant does not have access to or control of the firearm.
78	78	(d) A peace officer may not search, without consent, a gun
79	79	safe that is located on property under the control of a person named
80	80	in the gun seizure warrant if:
81	81	(1) the property is occupied by multiple parties; and
82	82	(2) the gun safe is owned by a person other than the
83	83	person named in the warrant.
84	84	Art. 7B.04. HEARING. (a) Not later than the 14th day after
85	85	the date of issuance of a gun violence restraining order or gun
86	86	seizure warrant, or a seizure made pursuant to a gun seizure
87	87	warrant, as applicable, the court shall hold a hearing on the
88	88	issuance of the order or warrant or the seizure made pursuant to the
89	89	warrant.
90	90	(b) At the hearing the state must prove by clear and
91	91	convincing evidence that the purchase, ownership, possession, or
92	92	control of a firearm by the person named in the gun violence
93	93	restraining order or gun seizure warrant poses a significant risk
94	94	of personal injury to any person.
95	95	(c) If the court finds that the state has not met the burden
96	96	of proof, the court shall, as applicable:
97	97	(1) rescind the gun violence restraining order or gun
98	98	seizure warrant; or
99	99	(2) issue an order for the return of any firearm seized
100	100	pursuant to the gun seizure warrant.
101	101	(d) A person who is the subject of a gun violence
102	102	restraining order may submit one written request at any time during
103	103	the effective period of the order to determine whether the order
104	104	will be terminated before its expiration date.
105	105	Art. 7B.05. REQUEST FOR RENEWAL OF ORDER. A judge may renew
106	106	a gun violence restraining order for one or more periods, the total
107	107	of which may not exceed one year. Before renewing the order the
108	108	court must hold a hearing and provide notice of the hearing to the
109	109	person named in the order.
110	110	SECTION 2. Chapter 46, Penal Code, is amended by adding
111	111	Section 46.025 to read as follows:
112	112	Sec. 46.025. VIOLATION OF GUN VIOLENCE RESTRAINING ORDER.
113	113	(a) A person commits an offense if the person purchases, owns,
114	114	possesses, or controls a firearm in violation of a gun violence
115	115	restraining order issued under Article 7B.02, Code of Criminal
116	116	Procedure.
117	117	(b) An offense under this section is a Class A misdemeanor.
118	118	SECTION 3. This Act takes effect September 1, 2015.