H.B. No. 234 introduces a new subchapter to Chapter 7B of the Code of Criminal Procedure, focusing on extreme risk protective orders. The bill defines key terms such as "bodily injury," "family violence," and "firearm," and outlines the application process for these orders, which can be initiated by family members, guardians, or peace officers. Applications must detail dangerous behaviors associated with serious mental illness and include relevant medical information. The bill ensures confidentiality of sensitive medical data and allows for temporary ex parte orders if there is reasonable cause to believe the respondent poses an immediate danger. It also establishes procedures for hearings, the duration of protective orders, and mandates notification to the Department of Public Safety regarding handgun licenses affected by these orders.

Additionally, the bill creates a new Article 18.192, which requires law enforcement to provide written receipts for firearms taken under extreme risk protective orders and to notify the issuing court within seven days of receiving the firearm. It mandates background checks to determine the individual's eligibility to possess firearms before returning them. The bill also amends the Government Code to require reporting individuals under extreme risk protective orders to the FBI for inclusion in the National Instant Criminal Background Check System and modifies handgun license eligibility criteria. Penalties for false reporting and violations of protective orders are also established. The provisions of this bill are set to take effect on September 1, 2025.

Statutes affected:
Introduced: Government Code 411.172, Government Code 411.187, Penal Code 46.04 (Government Code 411, Penal Code 46)