HB893 - Relating to extreme risk protective orders; creating criminal offenses.

  89R4512 JSC-D     By: Moody H.B. No. 893       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.                 (4)     "Local mental health authority" has the meaning   assigned by Section 571.003, Health and Safety Code.                 (5)     "Serious mental illness" has the meaning assigned   by Section 1355.001, Insurance 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 under 18 years of age and a member of the respondent's family or   household; or                 (3)  a prosecuting attorney acting:                       (A)     on behalf of a person described by   Subdivision (1) or (2); or                       (B)  at the request of a peace officer.           (b)  An application must:                 (1)  include:                       (A)     detailed allegations, based on personal   knowledge of a person described by Subsection (a)(1) or (2) or of a   peace officer, regarding   any dangerous behavior or conduct   exhibited by the respondent as a result of a serious mental illness,   including any behavior or conduct related to the respondent's use   of firearms;                       (B)     any relevant medical or mental health   information concerning the respondent, including copies of   relevant medical or mental health records, if available;                       (C)     information concerning the quantity, type,   and location of any firearms the applicant believes to be in the   respondent's possession or control, if any;                       (D)     any other relevant facts indicating a need   for a protective order under this subchapter; and                       (E)     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 serious mental   illness and 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 medical or mental   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 serious mental illness and 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)     relinquish, without delay, 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;                 (2)     if applicable, surrender to the court the   respondent's license to carry a handgun issued under Subchapter H,   Chapter 411, Government Code; and                 (3)     for purposes of determining whether the respondent   has a serious mental illness, submit to an examination by the local   mental health authority or a disinterested expert who is qualified   to diagnose, and experienced in diagnosing, mental illness.           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)     the results of an examination described by   Article 7B.154(b)(3);                       (B)     any relevant medical or mental health   information concerning the respondent;                       (C)     any history of threats or acts of violence by   the respondent directed at any person, including the respondent;                       (D)     any history of the respondent using,   attempting to use, or threatening to use physical force against   another person;                       (E)     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;                       (F)     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;                       (G)     any conviction of the respondent for an   offense under Section 42.09, 42.091, or 42.092, Penal Code; and                       (H)     evidence related to the respondent's abuse of   a controlled substance or alcohol, including evidence of any   treatment for and 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)(E); 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 serious mental illness and 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, immediately 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)     relinquish, without delay, 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;                       (B)     if applicable, surrender to the court the   person's license to carry a handgun issued under Subchapter H,   Chapter 411, Government Code; and           & [Text truncated for display. Full text available on Congress.gov.]