Bill Text: TX SB1945 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to a court's authority to temporarily restrict the ability of a proposed patient for court-ordered mental health services to possess a firearm.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-19 - Referred to State Affairs [SB1945 Detail]
Download: Texas-2019-SB1945-Introduced.html
86R7942 GCB-D | ||
By: Watson | S.B. No. 1945 |
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relating to a court's authority to temporarily restrict the ability | ||
of a proposed patient for court-ordered mental health services to | ||
possess a firearm. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 18.191, Code of Criminal Procedure, is | ||
amended by amending Subsections (c) and (d) and adding Subsection | ||
(d-1) to read as follows: | ||
(c) Not later than the 30th day after the date a firearm | ||
subject to disposition under this article is seized, the law | ||
enforcement agency holding the firearm shall contact the court in | ||
the county having jurisdiction to order commitment under Chapter | ||
574, Health and Safety Code, and request the disposition of the | ||
case. Not later than the 30th day after the date of this request, | ||
the clerk of the court shall advise the requesting agency: | ||
(1) whether the person taken into custody was released | ||
under Section 573.023, Health and Safety Code, or was ordered to | ||
receive outpatient mental health services or inpatient mental | ||
health services under Section 574.034 or 574.035, Health and Safety | ||
Code; and | ||
(2) whether the person is subject to a temporary | ||
firearm restriction ordered under Section 574.0335, Health and | ||
Safety Code. | ||
(d) Except as provided by Subsection (d-1), not [ |
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than the 30th day after the date the clerk of the court informs a law | ||
enforcement agency holding a firearm subject to disposition under | ||
this article that the person taken into custody was released under | ||
Section 573.023, Health and Safety Code, the law enforcement agency | ||
shall: | ||
(1) conduct a check of state and national criminal | ||
history record information to verify whether the person may | ||
lawfully possess a firearm under 18 U.S.C. Section 922(g); and | ||
(2) provide written notice to the person by certified | ||
mail that the firearm may be returned to the person on verification | ||
under Subdivision (1) that the person may lawfully possess the | ||
firearm. | ||
(d-1) If the clerk of court informs a law enforcement agency | ||
holding a firearm subject to disposition under this article that | ||
the person is subject to a temporary firearm restriction ordered | ||
under Section 574.0335, Health and Safety Code, the law enforcement | ||
agency shall hold the firearm until the expiration of the 90-day | ||
period of the restriction. Not later than 30 days before the | ||
expiration of the 90-day period of the restriction, the law | ||
enforcement agency shall conduct the verification required under | ||
Subsection (d)(1) and provide the notice described by Subsection | ||
(d)(2). If the law enforcement agency verifies that the person | ||
lawfully may possess a firearm, the firearm may be returned to the | ||
person on expiration of the 90-day period of the restriction. A law | ||
enforcement agency may return a firearm to a person who lawfully may | ||
possess a firearm before the expiration of the 90-day period if the | ||
person provides a copy of an order showing the court granted the | ||
person's appeal of the restriction, in accordance with Section | ||
574.0335(b), Health and Safety Code. | ||
SECTION 2. Subchapter C, Chapter 574, Health and Safety | ||
Code, is amended by adding Section 574.0335 to read as follows: | ||
Sec. 574.0335. ORDER IMPOSING TEMPORARY FIREARM | ||
RESTRICTION. (a) The judge may issue an order prohibiting the | ||
owning, possessing, or purchasing of a firearm for a period of 90 | ||
days by a proposed patient who is ordered to receive court-ordered | ||
outpatient mental health services under Section 574.034 or 574.035, | ||
or who does not otherwise meet the applicable criteria for | ||
court-ordered mental health services and is released under Section | ||
574.033, if the court finds by clear and convincing evidence that | ||
the proposed patient's possession of a firearm would present a | ||
substantial risk of serious harm to the proposed patient's self or | ||
to others. | ||
(b) A person may appeal a temporary firearm restriction | ||
imposed on the person under this section not sooner than 30 days | ||
after the date the order is imposed. The court shall hold a hearing | ||
to consider the appeal and shall remove the restriction unless the | ||
court finds by clear and convincing evidence that the person's | ||
possession of a firearm continues to pose a substantial risk of | ||
serious harm to the person's self or to others. | ||
(c) If the court denies a person's appeal, the temporary | ||
firearm restriction shall continue, and the person may not make a | ||
subsequent appeal of the restriction for the remainder of the | ||
90-day period for which the restriction is imposed. | ||
SECTION 3. (a) The change in law made by this Act to Article | ||
18.191, Code of Criminal Procedure, applies only to the disposition | ||
of a firearm seized by a law enforcement agency on or after the | ||
effective date of this Act. | ||
(b) The change in law made by this Act in adding Section | ||
574.0335, Health and Safety Code, applies to a hearing held under | ||
that chapter on or after the effective date of this Act, regardless | ||
of whether conduct of a proposed patient that is a subject of the | ||
hearing occurred before the effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2019. |