Relating to lethal violence protective orders; creating criminal offenses.
The bill impacts state laws by categorizing behaviors that warrant a protective order and establishes severe penalties, including criminal charges for violations. It amends the Code of Criminal Procedure and Penal Code to accommodate new offenses associated with false reporting of order applications and restricts firearm possession for individuals subject to a Lethal Violence Protective Order. Additionally, the Texas Department of Public Safety is tasked with compiling necessary information for national background checks as it relates to these orders, ensuring better tracking of individuals prohibited from firearm ownership.
SB84, also titled as the Lethal Violence Protective Order bill, introduces a framework for the issuance of protective orders to restrain individuals deemed a threat to others due to lethal violence. The bill specifically addresses situations where a person poses an immediate danger of causing bodily injury or death, particularly involving the individual's access to firearms. It allows family members, guardians, or prosecutors to apply for such orders, aimed at preventing potential tragedies before they occur. The applications for these orders must be substantiated with detailed allegations and relevant information regarding the respondent's behavior and firearm possession.
Notably, the bill can ignite discussions surrounding public safety versus individual rights, particularly regarding gun ownership and the implications of temporarily seizing firearms from individuals under protective orders. Critics may express concerns about due process for individuals targeted by these protective orders, emphasizing the potential for misuse or overreach. Proponents, however, argue that such measures are essential for averting gun violence and safeguarding potential victims from individuals with a history of violent behavior.