Relating to extreme risk protective orders; creating criminal offenses.
Impact
If enacted, HB 893 would modify the existing laws under the Code of Criminal Procedure to include provisions for ERPOs, embodying a significant shift in how mental health and gun ownership intersect in Texas. This legislation will create mechanisms for the temporary removal of firearms from individuals deemed dangerous, thus enhancing measures for preventing gun-related harm. The bill stipulates the responsibilities of law enforcement agencies in the handling of firearms surrendered under ERPOs and requires that information about individuals under such orders be reported to the National Instant Criminal Background Check System, thereby extending the impact of the bill beyond state borders.
Summary
House Bill 893 aims to establish a framework for extreme risk protective orders (ERPO) in Texas. It allows certain individuals, including family members and prosecutors, to petition the court for an order that would prohibit an individual from owning, purchasing, or possessing firearms if they pose an immediate threat of harm to themselves or others due to serious mental illness. This legislation seeks to empower courts to intervene in potentially dangerous situations where an individual has access to firearms, thereby addressing public safety concerns related to gun violence.
Conclusion
Overall, HB 893 represents a proactive approach to mitigating risks associated with firearms and mental health issues. Its success will hinge on effective implementation and community engagement, alongside potential revisions from public feedback during the legislative process.
Contention
Notably, there may be varying levels of contention surrounding HB 893, particularly regarding the balance between public safety and individual rights. Proponents argue that the bill is a necessary step to prevent potential tragedies and protect communities, especially in light of incidents of mass shootings linked to individuals with mental health crises. Conversely, opponents may raise concerns about the potential for misuse of protective orders and the implications for Second Amendment rights. The bill will require thorough legal and procedural safeguards to ensure that the application of ERPOs does not become arbitrary or unjust.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 7. Proceedings Before Magistrates To Prevent Offenses
Section: New Section
Chapter 18. Search Warrants
Section: New Section
Penal Code
Chapter 37. Perjury And Other Falsification
Section: New Section
Chapter 46. Weapons
Section: 06
Government Code
Chapter 411. Department Of Public Safety Of The State Of Texas
Relating to provisions governing the carrying of a firearm by a person who is 21 years of age or older and not otherwise prohibited by state or federal law from possessing the firearm and to other provisions related to the carrying, possessing, transporting, or storing of a firearm or other weapon; creating criminal offenses.