S.B. No. 2305 introduces a new subchapter to the Code of Criminal Procedure that focuses on extreme risk protective orders (ERPOs). The bill defines key terms such as "bodily injury," "family," and "firearm," and outlines the application process for ERPOs, which can be initiated by family members, guardians, or peace officers. Applications must detail allegations of dangerous behavior and include information about any firearms the respondent possesses, along with a statement asserting that the respondent poses an immediate danger. The bill also emphasizes the confidentiality of specific health information related to the respondent and allows courts to issue temporary ex parte orders without prior notice if there is reasonable cause for concern.

Additionally, the bill mandates that the court clerk notify law enforcement within 30 days of an ERPO's rescission or expiration, prompting a criminal history check to determine the individual's eligibility to possess firearms. If eligible, the individual will be notified and given 121 days to request the return of their firearm. The bill also establishes a procedure for the Department of Public Safety to share information about individuals under ERPOs with the FBI for the National Instant Criminal Background Check System and expands eligibility criteria for handgun licenses. It introduces penalties for false reporting related to ERPO requests and criminalizes firearm possession by individuals notified of such orders. The bill is set to take effect on September 1, 2025, with the Department of Public Safety required to adopt necessary rules by October 1, 2025.

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