84R5374 MAW-F
	By: Rodríguez	S.B. No. 1006

	A BILL TO BE ENTITLED
	AN ACT
	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.