S.B. No. 2305 establishes a new subchapter in Chapter 7B of the Code of Criminal Procedure in Texas, focusing on the issuance of extreme risk protective orders (ERPOs). The bill defines essential terms such as "bodily injury," "family," and "firearm," and outlines the application process for these orders, which can be initiated by family members, guardians, or peace officers. The application must detail the respondent's dangerous behavior, their firearm possession, and indicate an immediate danger of harm. Courts are required to maintain confidentiality regarding specific health information related to the respondent. The bill also allows for temporary ex parte orders if there is reasonable cause to believe the respondent poses an immediate danger and sets forth requirements for hearings on protective orders, including considerations of the respondent's history of violence and substance abuse.

Additionally, the bill mandates that court clerks notify law enforcement within 30 days of the rescission or expiration of an ERPO, prompting law enforcement to conduct a criminal history check to determine the individual's eligibility to possess a firearm. If eligible, individuals will be notified by certified mail and can request the return of their firearm within 121 days. The bill also stipulates that unclaimed firearms cannot be destroyed or forfeited but may be sold by a licensed dealer if the individual is found ineligible. Furthermore, it requires the Department of Public Safety to provide information about individuals under ERPOs to the FBI for inclusion in the National Instant Criminal Background Check System and introduces penalties for false statements regarding ERPO requests and violations of the order. The Department of Public Safety must adopt rules by October 1, 2025, with the bill taking 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)