Texas 2025 - 89th Regular

Texas Senate Bill SB2305 Latest Draft

Bill / Introduced Version Filed 03/11/2025

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                            89R1410 JSC-D
 By: Johnson S.B. No. 2305




 A BILL TO BE ENTITLED
 AN ACT
 relating to extreme risk protective orders; creating criminal
 offenses.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 7B, Code of Criminal Procedure, is
 amended by adding Subchapter D to read as follows:
 SUBCHAPTER D. EXTREME RISK PROTECTIVE ORDER
 Art. 7B.151.  DEFINITIONS. In this subchapter:
 (1)  "Bodily injury" and "serious bodily injury" have
 the meanings assigned by Section 1.07, Penal Code.
 (2)  "Family," "family violence," and "household" have
 the meanings assigned by Chapter 71, Family Code.
 (3)  "Firearm" has the meaning assigned by Section
 46.01, Penal Code.
 Art. 7B.152.  APPLICATION FOR EXTREME RISK PROTECTIVE ORDER.
 (a) An application for a protective order under this subchapter may
 be filed by:
 (1)  a member of the respondent's family or household;
 (2)  a parent, guardian, or conservator of a person who
 is:
 (A)  under 18 years of age; and
 (B)  a member of the respondent's family or
 household; or
 (3)  a peace officer.
 (b)  An application must:
 (1)  include:
 (A)  detailed allegations, based on personal
 knowledge of a person described by Subsection (a), regarding any
 dangerous behavior or conduct exhibited by the respondent,
 including any behavior or conduct related to the respondent's use
 of firearms;
 (B)  information concerning the quantity, type,
 and location of any firearms the applicant believes to be in the
 respondent's possession or control, if any;
 (C)  any other relevant facts indicating a need
 for a protective order under this subchapter; and
 (D)  a statement that the applicant believes the
 respondent poses an immediate and present danger of causing bodily
 injury, serious bodily injury, or death to any person, including
 the respondent, as a result of the respondent's access to firearms;
 and
 (2)  be signed by the applicant under an oath that, to
 the knowledge and belief of the applicant, the facts and
 circumstances contained in the application are true.
 (c)  An application for a protective order under this
 subchapter may be filed in a district court, juvenile court having
 the jurisdiction of a district court, statutory county court, or
 constitutional county court in the county in which the applicant or
 the respondent resides.
 Art. 7B.153.  CONFIDENTIALITY OF CERTAIN INFORMATION. On
 receiving an application containing specific health information
 concerning the respondent, the court shall order the clerk to:
 (1)  strike the information from the public records of
 the court; and
 (2)  maintain a confidential record of the information
 for use only by the court.
 Art. 7B.154.  TEMPORARY EX PARTE ORDER. (a) If the court
 finds from the information contained in an application for a
 protective order under this subchapter that there is reasonable
 cause to believe that the respondent poses an immediate and present
 danger of causing bodily injury, serious bodily injury, or death to
 any person, including the respondent, as a result of the
 respondent's access to firearms, the court, without further notice
 to the respondent and without a hearing, may issue a temporary ex
 parte order prohibiting the respondent from purchasing, owning,
 possessing, or controlling a firearm.
 (b)  In a temporary ex parte order, the court may order the
 respondent to:
 (1)  not later than 24 hours after the time the order is
 issued, relinquish any firearms owned by or in the actual or
 constructive possession or control of the respondent to a law
 enforcement agency for holding in the manner provided by Article
 18.192; and
 (2)  if applicable, surrender to the court the
 respondent's license to carry a handgun issued under Subchapter H,
 Chapter 411, Government Code.
 Art. 7B.155.  HEARING; ISSUANCE OF PROTECTIVE ORDER. (a)
 Not later than the 14th day after the later of the date an
 application is filed or the date a temporary ex parte order is
 issued, the court shall hold a hearing on the issuance of the
 protective order.
 (b)  The court shall provide personal notice of the hearing
 to the respondent.
 (c)  In determining whether to issue a protective order under
 this article, the court:
 (1)  shall consider:
 (A)  any history of threats or acts of violence by
 the respondent directed at any person, including the respondent;
 (B)  any history of the respondent using,
 attempting to use, or threatening to use physical force against
 another person;
 (C)  any recent violation by the respondent of an
 order issued:
 (i)  under another provision of this chapter
 or under Article 17.292;
 (ii)  under Section 6.504 or Chapter 85,
 Family Code;
 (iii)  under Chapter 83, Family Code, if the
 temporary ex parte order has been served on the respondent; or
 (iv)  by another jurisdiction as provided by
 Chapter 88, Family Code;
 (D)  any arrest or conviction of the respondent
 for:
 (i)  an offense under Section 42.072, Penal
 Code; or
 (ii)  an offense involving violence,
 including family violence;
 (E)  any conviction of the respondent for an
 offense under Section 42.09, 42.091, or 42.092, Penal Code; and
 (F)  evidence related to the respondent's current
 or recent abuse of a controlled substance or alcohol, not including
 any evidence of previous treatment for or recovery from abusing a
 controlled substance or alcohol; and
 (2)  may consider any other relevant factor including:
 (A)  any previous violation by the respondent of
 an order described by Subdivision (1)(C); and
 (B)  evidence regarding the respondent's recent
 acquisition of firearms, ammunition, or other deadly weapons.
 (d)  At the close of the hearing, if the court finds by clear
 and convincing evidence that the respondent poses an immediate and
 present danger of causing bodily injury, serious bodily injury, or
 death to any person, including the respondent, as a result of the
 respondent's access to firearms, the court shall issue a protective
 order that includes a statement of the required finding.
 (e)  If the court does not make the finding described by
 Subsection (d), the court shall, as applicable, rescind any
 temporary ex parte order issued under Article 7B.154 and return the
 respondent's license to carry a handgun.
 Art. 7B.156.  CONTENTS OF PROTECTIVE ORDER. In a protective
 order issued under Article 7B.155, the court shall:
 (1)  prohibit the person who is subject to the order
 from purchasing, owning, possessing, or controlling a firearm for
 the duration of the order;
 (2)  order the person to:
 (A)  not later than 24 hours after the time the
 order is issued, relinquish any firearms owned by or in the actual
 or constructive possession or control of the person to a law
 enforcement agency for holding in the manner provided by Article
 18.192; and
 (B)  if applicable, surrender to the court the
 person's license to carry a handgun issued under Subchapter H,
 Chapter 411, Government Code; and
 (3)  suspend a license to carry a handgun issued under
 Subchapter H, Chapter 411, Government Code, that is held by the
 person.
 Art. 7B.157.  DURATION OF PROTECTIVE ORDER. (a) A
 protective order issued under Article 7B.155 is effective until the
 first anniversary of the date the order was issued.
 (b)  The court may renew a protective order issued under
 Article 7B.155 for a period not to exceed one year after the order's
 original expiration date. Before renewing the order the court must
 hold a hearing after providing personal notice of the hearing to the
 person who is the subject of the order.
 (c)  A person who is the subject of a protective order may
 file a motion not earlier than the 91st day after the date on which
 the order was initially issued or renewed, as applicable,
 requesting that the court review the order and determine whether
 there is a continuing need for the order. After a hearing on the
 motion, if the court fails to make the finding that there is no
 continuing need for the order, the order remains in effect until the
 date the order expires as provided by this article.
 (d)  At a hearing to renew or rescind a protective order
 under this article, the court shall consider the factors described
 by Article 7B.155(c).
 Art. 7B.158.  NOTICE TO DEPARTMENT OF PUBLIC SAFETY. (a)
 Not later than 24 hours after the time a protective order is issued
 under Article 7B.155, the clerk of the issuing court shall provide
 the following to the Department of Public Safety:
 (1)  the complete name, race, and sex of the person who
 is the subject of the order;
 (2)  any known identifying number of the person,
 including a social security number, driver's license number, or
 state identification number;
 (3)  the person's date of birth;
 (4)  if surrendered to the court, the person's license
 to carry a handgun issued under Subchapter H, Chapter 411,
 Government Code; and
 (5)  a copy of the order suspending the person's license
 to carry a handgun under Subchapter H, Chapter 411, Government
 Code.
 (b)  On receipt of an order suspending a license to carry a
 handgun, the Department of Public Safety shall:
 (1)  record the suspension of the license in the
 records of the department;
 (2)  report the suspension to local law enforcement
 agencies, as appropriate; and
 (3)  if the license was not surrendered to the court,
 demand surrender of the suspended license from the license holder.
 (c)  Not later than the 30th day after the date the
 protective order is rescinded or expires under Article 7B.157, the
 clerk of the issuing court shall notify the Department of Public
 Safety of the rescission or expiration, as applicable.
 Art. 7B.159.  APPLICATION OF OTHER LAW. Except as otherwise
 provided by this subchapter and to the extent applicable, Title 4,
 Family Code, applies to a protective order issued under this
 subchapter.
 SECTION 2.  Chapter 18, Code of Criminal Procedure, is
 amended by adding Article 18.192 to read as follows:
 Art. 18.192.  HOLDING AND DISPOSITION OF FIREARM
 RELINQUISHED UNDER EXTREME RISK PROTECTIVE ORDER. (a) A law
 enforcement officer who takes possession of a firearm from a person
 who is the subject of an extreme risk protective order issued under
 Subchapter D, Chapter 7B, shall immediately provide the person with
 a written copy of the receipt for the firearm and a written notice
 of the procedure for the return of a firearm under this article.
 (b)  Not later than the seventh day after the date a firearm
 subject to disposition under this article is received, the law
 enforcement agency holding the firearm shall notify the court that
 issued the extreme risk protective order that the person who is the
 subject of the order has relinquished the firearm.
 (c)  Not later than the 30th day after the date the extreme
 risk protective order is rescinded or expires, the clerk of the
 court shall notify the law enforcement agency of the rescission or
 expiration.
 (d)  Not later than the 30th day after the date the law
 enforcement agency holding a firearm subject to disposition under
 this article receives the notice described by Subsection (c), the
 law enforcement agency shall conduct a check of state and national
 criminal history record information to verify whether the person
 may lawfully possess a firearm under 18 U.S.C. Section 922(g) and
 under the law of this state.
 (e)  If the check conducted under Subsection (d) verifies
 that the person may lawfully possess a firearm, the law enforcement
 agency shall provide to the person by certified mail written notice
 stating that the firearm may be returned to the person if the person
 submits a written request before the 121st day after the date of the
 notice.
 (f)  An unclaimed firearm that is received under an extreme
 risk protective order issued under Subchapter D, Chapter 7B, may
 not be destroyed or forfeited to the state.
 (g)  The law enforcement agency holding the firearm may
 provide for the firearm to be sold by a firearms dealer licensed
 under 18 U.S.C. Section 923 if:
 (1)  the check conducted under Subsection (d) shows
 that the person may not lawfully possess a firearm; or
 (2)  the notice is provided under Subsection (e) and
 the person does not submit, before the 121st day after the date of
 the notice, a written request for the return of the firearm.
 (h)  The proceeds from the sale of a firearm under this
 article shall be paid to the owner of the seized firearm, less the
 cost of administering this article with respect to the firearm.
 SECTION 3.  Subchapter D, Chapter 411, Government Code, is
 amended by adding Section 411.0522 to read as follows:
 Sec. 411.0522.  INFORMATION CONCERNING EXTREME RISK
 PROTECTIVE ORDER. (a) The department by rule shall establish a
 procedure to provide information concerning a person who is the
 subject of an extreme risk protective order issued under Subchapter
 D, Chapter 7B, Code of Criminal Procedure, to the Federal Bureau of
 Investigation for inclusion in the National Instant Criminal
 Background Check System.
 (b)  The procedure must require the department to provide any
 information received under Article 7B.158, Code of Criminal
 Procedure, to the Federal Bureau of Investigation not later than 24
 hours after the time the department received the information.
 SECTION 4.  Section 411.172(a), Government Code, is amended
 to read as follows:
 (a)  A person is eligible for a license to carry a handgun if
 the person:
 (1)  is a legal resident of this state for the six-month
 period preceding the date of application under this subchapter or
 is otherwise eligible for a license under Section 411.173(a);
 (2)  is at least 21 years of age;
 (3)  has not been convicted of a felony;
 (4)  is not charged with the commission of a Class A or
 Class B misdemeanor or equivalent offense, or of an offense under
 Section 42.01, Penal Code, or equivalent offense, or of a felony
 under an information or indictment;
 (5)  is not a fugitive from justice for a felony or a
 Class A or Class B misdemeanor or equivalent offense;
 (6)  is not a chemically dependent person;
 (7)  is not incapable of exercising sound judgment with
 respect to the proper use and storage of a handgun;
 (8)  has not, in the five years preceding the date of
 application, been convicted of a Class A or Class B misdemeanor or
 equivalent offense or of an offense under Section 42.01, Penal
 Code, or equivalent offense;
 (9)  is fully qualified under applicable federal and
 state law to purchase a handgun;
 (10)  has not been finally determined to be delinquent
 in making a child support payment administered or collected by the
 attorney general;
 (11)  has not been finally determined to be delinquent
 in the payment of a tax or other money collected by the comptroller,
 the tax collector of a political subdivision of the state, or any
 agency or subdivision of the state;
 (12)  is not currently:
 (A)  restricted under a court protective order,
 including an extreme risk protective order issued under Subchapter
 D, Chapter 7B, Code of Criminal Procedure; or
 (B)  subject to a restraining order affecting the
 spousal relationship, other than a restraining order solely
 affecting property interests;
 (13)  has not, in the 10 years preceding the date of
 application, been adjudicated as having engaged in delinquent
 conduct violating a penal law of the grade of felony; and
 (14)  has not made any material misrepresentation, or
 failed to disclose any material fact, in an application submitted
 pursuant to Section 411.174.
 SECTION 5.  Sections 411.187(a) and (c), Government Code,
 are amended to read as follows:
 (a)  The department shall suspend a license under this
 section if the license holder:
 (1)  is charged with the commission of a Class A or
 Class B misdemeanor or equivalent offense, or of an offense under
 Section 42.01, Penal Code, or equivalent offense, or of a felony
 under an information or indictment;
 (2)  fails to notify the department of a change of
 address, name, or status as required by Section 411.181;
 (3)  commits an act of family violence and is the
 subject of an active protective order rendered under Title 4,
 Family Code; [or]
 (4)  is arrested for an offense involving family
 violence or an offense under Section 42.072, Penal Code, and is the
 subject of an order for emergency protection issued under Article
 17.292, Code of Criminal Procedure; or
 (5)  is the subject of an active protective order
 issued under Subchapter D, Chapter 7B, Code of Criminal Procedure.
 (c)  The department shall suspend a license under this
 section:
 (1)  for 30 days, if the person's license is subject to
 suspension for the [a] reason listed in Subsection (a)(2)[, (3), or
 (4), except as provided by Subdivision (2)];
 (2)  [for not less than one year and not more than three
 years, if the person's license:
 [(A)  is subject to suspension for a reason listed
 in Subsection (a), other than the reason listed in Subsection
 (a)(1); and
 [(B)  has been previously suspended for the same
 reason;
 [(3)]  until dismissal of the charges, if the person's
 license is subject to suspension for the reason listed in
 Subsection (a)(1); or
 (3) [(4)]  for the duration of or the period specified
 by:
 (A)  the protective order issued under Title 4,
 Family Code, if the person's license is subject to suspension for
 the reason listed in Subsection (a)(3) [(a)(5)]; [or]
 (B)  the order for emergency protection issued
 under Article 17.292, Code of Criminal Procedure, if the person's
 license is subject to suspension for the reason listed in
 Subsection (a)(4); or
 (C)  the extreme risk protective order issued
 under Subchapter D, Chapter 7B, Code of Criminal Procedure, if the
 person's license is subject to suspension for the reason listed in
 Subsection (a)(5) [(a)(6)].
 SECTION 6.  Chapter 37, Penal Code, is amended by adding
 Section 37.083 to read as follows:
 Sec. 37.083.  FALSE REPORT REGARDING REQUEST FOR EXTREME
 RISK PROTECTIVE ORDER. (a) A person commits an offense if, with
 intent to deceive, the person makes a statement that the person
 knows to be false to a peace officer relating to a request that the
 officer file an application for an extreme risk protective order
 under Subchapter D, Chapter 7B, Code of Criminal Procedure.
 (b)  An offense under this section is a Class B misdemeanor.
 (c)  If conduct that constitutes an offense under this
 section also constitutes an offense under another law, the actor
 may be prosecuted under this section, the other law, or both.
 SECTION 7.  Section 46.04, Penal Code, is amended by adding
 Subsection (c-1) and amending Subsection (e) to read as follows:
 (c-1)  A person commits an offense if, after receiving notice
 that the person is subject to an extreme risk protective order
 issued under Subchapter D, Chapter 7B, Code of Criminal Procedure,
 and before rescission or expiration of the order, the person
 purchases, owns, possesses, or controls a firearm in violation of
 the order.
 (e)  An offense under Subsection (a) is a felony of the third
 degree. An offense under Subsection (a-1), (b), [or] (c), or (c-1)
 is a Class A misdemeanor.
 SECTION 8.  Not later than October 1, 2025, the Department of
 Public Safety shall adopt rules as required by Section 411.0522,
 Government Code, as added by this Act.
 SECTION 9.  To the extent of any conflict, this Act prevails
 over another Act of the 89th Legislature, Regular Session, 2025,
 relating to nonsubstantive additions to and corrections in enacted
 codes.
 SECTION 10.  This Act takes effect September 1, 2025.