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Bill > HB3057


TX HB3057

TX HB3057
Relating to extreme risk protective orders; creating criminal offenses.


summary

Introduced
02/28/2023
In Committee
03/14/2023
Crossed Over
Passed
Dead
05/29/2023

Introduced Session

88th Legislature Regular Session

Bill Summary

Relating to extreme risk protective orders; creating criminal offenses.

AI Summary

This bill creates an "extreme risk protective order" process in Texas. Key provisions include: - Allowing certain individuals, such as family members or law enforcement, to petition a court for an order if they believe the respondent poses an immediate danger due to serious mental illness and access to firearms. The court can then issue a temporary ex parte order prohibiting the respondent from possessing firearms. - Requiring a hearing within 14 days, where the court considers factors like the respondent's mental health history and past threats or violence, to determine whether to issue a longer-term protective order. This order prohibits the respondent from purchasing, owning, or controlling firearms for up to one year. - Establishing procedures for the surrender and eventual return or sale of any firearms the respondent is required to relinquish under the order. - Requiring the Department of Public Safety to report information about the protective order to the federal background check system. - Creating a new criminal offense for falsely reporting a request for an extreme risk protective order. The bill aims to provide a legal mechanism for temporarily restricting firearm access by individuals who may pose a serious risk of harm to themselves or others due to mental illness.

Committee Categories

Military Affairs and Security

Sponsors (1)

Last Action

Referred to Community Safety, Select (on 03/14/2023)

Bill Topics

Health
  • ‐ Mental Illness, Mental Retardation, and Deinstitutionalization
Law, Crime, and Family Issues
  • ‐ Criminal and Juvenile Delinquent Prosecution, Procedure, and Sentencing
  • ‐ Firearms and Gun Control

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