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A BILL TO BE ENTITLED
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AN ACT
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relating to extreme risk protective orders; creating criminal |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 7B, Code of Criminal Procedure, is |
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amended by adding Subchapter D to read as follows: |
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SUBCHAPTER D. EXTREME RISK PROTECTIVE ORDER |
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Art. 7B.151. DEFINITIONS. In this subchapter: |
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(1) "Bodily injury" and "serious bodily injury" have |
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the meanings assigned by Section 1.07, Penal Code. |
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(2) "Family," "family violence," and "household" have |
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the meanings assigned by Chapter 71, Family Code. |
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(3) "Firearm" has the meaning assigned by Section |
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46.01, Penal Code. |
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(4) "Local mental health authority" has the meaning |
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assigned by Section 571.003, Health and Safety Code. |
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(5) "Serious mental illness" has the meaning assigned |
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by Section 1355.001, Insurance Code. |
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Art. 7B.152. APPLICATION FOR EXTREME RISK PROTECTIVE ORDER. |
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(a) An application for a protective order under this subchapter may |
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be filed by: |
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(1) a member of the respondent's family or household; |
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(2) a parent, guardian, or conservator of a person who |
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is: |
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(A) under 18 years of age; and |
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(B) a member of the respondent's family or |
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household; or |
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(3) a peace officer. |
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(b) An application must: |
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(1) include: |
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(A) detailed allegations, based on personal |
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knowledge of a person described by Subsection (a), regarding any |
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dangerous behavior or conduct exhibited by the respondent as a |
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result of a serious mental illness, including any behavior or |
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conduct related to the respondent's use of firearms; |
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(B) any relevant medical or mental health |
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information concerning the respondent, including copies of |
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relevant medical or mental health records, if available; |
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(C) information concerning the quantity, type, |
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and location of any firearms the applicant believes to be in the |
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respondent's possession or control, if any; |
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(D) any other relevant facts indicating a need |
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for a protective order under this subchapter; and |
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(E) a statement that the applicant believes the |
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respondent poses an immediate and present danger of causing bodily |
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injury, serious bodily injury, or death to any person, including |
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the respondent, as a result of the respondent's serious mental |
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illness and access to firearms; and |
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(2) be signed by the applicant under an oath that, to |
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the knowledge and belief of the applicant, the facts and |
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circumstances contained in the application are true. |
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(c) An application for a protective order under this |
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subchapter may be filed in a district court, juvenile court having |
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the jurisdiction of a district court, statutory county court, or |
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constitutional county court in the county in which the applicant or |
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the respondent resides. |
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Art. 7B.153. CONFIDENTIALITY OF CERTAIN INFORMATION. On |
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receiving an application containing specific medical or mental |
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health information concerning the respondent, the court shall order |
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the clerk to: |
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(1) strike the information from the public records of |
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the court; and |
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(2) maintain a confidential record of the information |
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for use only by the court. |
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Art. 7B.154. TEMPORARY EX PARTE ORDER. (a) If the court |
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finds from the information contained in an application for a |
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protective order under this subchapter that there is reasonable |
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cause to believe that the respondent poses an immediate and present |
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danger of causing bodily injury, serious bodily injury, or death to |
Statutes affected:
Introduced: Government Code 411.172, Government Code 411.187, Penal Code 46.04 (Government Code 411, Penal Code 46)
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