HB2570 - Relating to extreme risk protective orders and certain other protective orders prohibiting possession of a firearm; creating criminal offenses.

  89R552 JRR-F     By: Bryant H.B. No. 2570       A BILL TO BE ENTITLED   AN ACT   relating to extreme risk protective orders and certain other   protective orders prohibiting possession of a firearm; creating   criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 7B.005(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  In a protective order issued under this subchapter, the   court may:                (1)  order the alleged offender to take action as   specified by the court that the court determines is necessary or   appropriate to prevent or reduce the likelihood of future harm to   the applicant or a member of the applicant's family or household; or                (2)  prohibit the alleged offender from:                      (A)  communicating:                            (i)  directly or indirectly with the   applicant or any member of the applicant's family or household in a   threatening or harassing manner; or                            (ii)  in any manner with the applicant or any   member of the applicant's family or household except through the   applicant's attorney or a person appointed by the court, if the   court finds good cause for the prohibition;                      (B)  going to or near the residence, place of   employment or business, or child-care facility or school of the   applicant or any member of the applicant's family or household;                      (C)  engaging in conduct directed specifically   toward the applicant or any member of the applicant's family or   household, including following the person, that is reasonably   likely to harass, annoy, alarm, abuse, torment, or embarrass the   person;                      (D)  possessing a firearm, unless the alleged   offender possesses the firearm for the actual discharge of the   alleged offender's official duties as:                             (i)   [ is ] a peace officer, as defined by   Section 1.07, Penal Code ; or                             (ii)     a member of the armed forces or state   military forces, as defined by Section 431.001, Government Code [ ,   actively engaged in employment as a sworn, full-time paid employee   of a state agency or political subdivision ]; and                      (E)  tracking or monitoring personal property or a   motor vehicle in the possession of the applicant or of a member of   the applicant's family or household, without the applicant's   effective consent, including by:                            (i)  using a tracking application on a   personal electronic device in the possession of the applicant or   the family or household member or using a tracking device; or                            (ii)  physically following the applicant or   the family or household member or causing another to physically   follow the applicant or member.          SECTION 2.  Article 7B.006(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  Each protective order issued under this subchapter,   including a temporary ex parte order, must contain the following   prominently displayed statements in boldfaced type, in capital   letters, or underlined:          "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR   CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN   JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."          "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS   ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY   PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS   VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT   UNLESS A COURT CHANGES THE ORDER."          "IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE   ORDER TO POSSESS A FIREARM OR AMMUNITION , OTHER THAN A PERSON WHO   POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF THE PERSON'S   OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY SECTION 1.07,   PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR STATE MILITARY   FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT CODE [ ACTIVELY   ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE   AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE   ORDER TO POSSESS A FIREARM OR AMMUNITION ]."          SECTION 3.  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;                             (i [Text truncated for display. 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