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TX HB478
Bill
Status
11/12/2024
Primary Sponsor
Vikki Goodwin
Click for details
AI Summary
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Establishes extreme risk protective orders (ERPOs) allowing family members, household members, or peace officers to petition a court to temporarily prohibit a person from purchasing, owning, possessing, or controlling firearms if they pose an immediate danger of causing bodily injury or death
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Authorizes courts to issue temporary ex parte orders without a hearing based on reasonable cause, requiring respondents to relinquish firearms within 24 hours and surrender any license to carry a handgun
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Requires a full hearing within 14 days of the application or temporary order, with the court considering factors including history of violence, threats, protective order violations, arrests for stalking or violent offenses, and substance abuse
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Protective orders are effective for one year with possible one-year renewals; respondents may request a review hearing after 91 days to determine if the order is still necessary
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Creates criminal offenses: Class B misdemeanor for making false statements to request an ERPO, and Class A misdemeanor for possessing a firearm while subject to an active ERPO
Legislative Description
Relating to extreme risk protective orders; creating criminal offenses.
Crimes
Last Action
Referred to Criminal Jurisprudence
2/28/2025