Bill Text: TX SB1006 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to gun violence restraining orders and gun seizure warrants; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-10 - Referred to State Affairs [SB1006 Detail]
Download: Texas-2015-SB1006-Introduced.html
84R5374 MAW-F | ||
By: Rodríguez | S.B. No. 1006 |
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relating to gun violence restraining orders and gun seizure | ||
warrants; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 1, Code of Criminal Procedure, is amended | ||
by adding Chapter 7B to read as follows: | ||
CHAPTER 7B. GUN VIOLENCE RESTRAINING ORDERS | ||
AND GUN SEIZURE WARRANTS | ||
Art. 7B.01. DEFINITIONS. In this chapter: | ||
(1) "Firearm" has the meaning assigned by Section | ||
46.01, Penal Code. | ||
(2) "Gun seizure warrant" means a written order issued | ||
by a judge and directed to a peace officer commanding the officer to | ||
seize any firearms that are purchased, owned, possessed, or | ||
controlled by a person who is subject to a gun violence restraining | ||
order and to bring the firearms before the judge. | ||
(3) "Gun violence restraining order" means a court | ||
order prohibiting a person from purchasing, owning, possessing, or | ||
controlling a firearm. | ||
Art. 7B.02. ISSUANCE OF GUN VIOLENCE RESTRAINING ORDER. | ||
(a) Any person may submit to a court an application requesting the | ||
issuance of a gun violence restraining order. A judge shall issue a | ||
gun violence restraining order if the judge determines that the | ||
order is necessary to prevent a significant risk of personal injury | ||
to any person, including the person who is the subject of the order. | ||
(b) In determining whether to issue a gun violence | ||
restraining order to prohibit the purchase, ownership, possession, | ||
or control of a firearm by a person, the judge: | ||
(1) may examine, under oath, any witnesses the judge | ||
considers necessary; and | ||
(2) shall consider: | ||
(A) recent threats or acts of violence by the | ||
person directed toward any person; | ||
(B) prior violations of any type of restraining | ||
order by the person; | ||
(C) prior history of use, attempted use, or | ||
threatened use of violence by the person against any person; | ||
(D) prior criminal history of the person; | ||
(E) evidence of recent or ongoing abuse of | ||
controlled substances or alcohol by the person; or | ||
(F) evidence of recent acquisition of a firearm | ||
or other deadly weapon. | ||
(c) A judge may not issue a gun violence restraining order | ||
for a period that exceeds one year. | ||
(d) A gun violence restraining order must include: | ||
(1) the date and time the order expires; and | ||
(2) a statement that: | ||
(A) the person may not purchase, own, possess, | ||
control, or attempt to purchase, own, possess, or control a firearm | ||
while the order is in effect; and | ||
(B) the person is entitled to submit one written | ||
request for a hearing at any time during the effective period of the | ||
order to determine whether the order will be terminated before its | ||
expiration date. | ||
Art. 7B.03. ISSUANCE OF GUN SEIZURE WARRANT. (a) If there | ||
is probable cause to believe that a person who is the subject of a | ||
gun violence restraining order has violated the terms of the order, | ||
the judge shall issue a gun seizure warrant directing a peace | ||
officer to seize and retain any firearm specified in the warrant. | ||
(b) A peace officer may seize a firearm specified in a gun | ||
seizure warrant from any place or from any person in possession or | ||
control of the firearm. A peace officer who seizes a firearm shall | ||
give a receipt for the firearm to the person from whom the firearm | ||
was taken. In the absence of a person, the officer shall leave the | ||
receipt in the place where the firearm was located. | ||
(c) A peace officer may not seize a firearm that is located | ||
on property under the control of a person named in the gun seizure | ||
warrant if: | ||
(1) the property is occupied by multiple parties; and | ||
(2) the firearm is lawfully owned by a person other | ||
than the person named in the warrant, and the person named in the | ||
warrant does not have access to or control of the firearm. | ||
(d) A peace officer may not search, without consent, a gun | ||
safe that is located on property under the control of a person named | ||
in the gun seizure warrant if: | ||
(1) the property is occupied by multiple parties; and | ||
(2) the gun safe is owned by a person other than the | ||
person named in the warrant. | ||
Art. 7B.04. HEARING. (a) Not later than the 14th day after | ||
the date of issuance of a gun violence restraining order or gun | ||
seizure warrant, or a seizure made pursuant to a gun seizure | ||
warrant, as applicable, the court shall hold a hearing on the | ||
issuance of the order or warrant or the seizure made pursuant to the | ||
warrant. | ||
(b) At the hearing the state must prove by clear and | ||
convincing evidence that the purchase, ownership, possession, or | ||
control of a firearm by the person named in the gun violence | ||
restraining order or gun seizure warrant poses a significant risk | ||
of personal injury to any person. | ||
(c) If the court finds that the state has not met the burden | ||
of proof, the court shall, as applicable: | ||
(1) rescind the gun violence restraining order or gun | ||
seizure warrant; or | ||
(2) issue an order for the return of any firearm seized | ||
pursuant to the gun seizure warrant. | ||
(d) A person who is the subject of a gun violence | ||
restraining order may submit one written request at any time during | ||
the effective period of the order to determine whether the order | ||
will be terminated before its expiration date. | ||
Art. 7B.05. REQUEST FOR RENEWAL OF ORDER. A judge may renew | ||
a gun violence restraining order for one or more periods, the total | ||
of which may not exceed one year. Before renewing the order the | ||
court must hold a hearing and provide notice of the hearing to the | ||
person named in the order. | ||
SECTION 2. Chapter 46, Penal Code, is amended by adding | ||
Section 46.025 to read as follows: | ||
Sec. 46.025. VIOLATION OF GUN VIOLENCE RESTRAINING ORDER. | ||
(a) A person commits an offense if the person purchases, owns, | ||
possesses, or controls a firearm in violation of a gun violence | ||
restraining order issued under Article 7B.02, Code of Criminal | ||
Procedure. | ||
(b) An offense under this section is a Class A misdemeanor. | ||
SECTION 3. This Act takes effect September 1, 2015. |