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A BILL TO BE ENTITLED
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AN ACT
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relating to a court's authority to temporarily restrict the ability |
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of a proposed patient for court-ordered mental health services to |
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possess a firearm. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.191, Code of Criminal Procedure, is |
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amended by amending Subsections (c) and (d) and adding Subsection |
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(d-1) to read as follows: |
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(c) Not later than the 30th day after the date a firearm |
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subject to disposition under this article is seized, the law |
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enforcement agency holding the firearm shall contact the court in |
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the county having jurisdiction to order commitment under Chapter |
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574, Health and Safety Code, and request the disposition of the |
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case. Not later than the 30th day after the date of this request, |
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the clerk of the court shall advise the requesting agency: |
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(1) whether the person taken into custody was released |
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under Section 573.023, Health and Safety Code, or was ordered to |
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receive outpatient mental health services or inpatient mental |
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health services under Section 574.034 or 574.035, Health and Safety |
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Code; and |
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(2) whether the person is subject to a temporary |
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firearm restriction ordered under Section 574.0335, Health and |
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Safety Code. |
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(d) Except as provided by Subsection (d-1), not [Not] later |
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than the 30th day after the date the clerk of the court informs a law |
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enforcement agency holding a firearm subject to disposition under |
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this article that the person taken into custody was released under |
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Section 573.023, Health and Safety Code, the law enforcement agency |
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shall: |
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(1) conduct a check of state and national criminal |
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history record information to verify whether the person may |
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lawfully possess a firearm under 18 U.S.C. Section 922(g); and |
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(2) provide written notice to the person by certified |
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mail that the firearm may be returned to the person on verification |
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under Subdivision (1) that the person may lawfully possess the |
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firearm. |
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(d-1) If the clerk of court informs a law enforcement agency |
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holding a firearm subject to disposition under this article that |
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the person is subject to a temporary firearm restriction ordered |
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under Section 574.0335, Health and Safety Code, the law enforcement |
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agency shall hold the firearm until the expiration of the 90-day |
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period of the restriction. Not later than 30 days before the |
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expiration of the 90-day period of the restriction, the law |
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enforcement agency shall conduct the verification required under |
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Subsection (d)(1) and provide the notice described by Subsection |
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(d)(2). If the law enforcement agency verifies that the person |
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lawfully may possess a firearm, the firearm may be returned to the |
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person on expiration of the 90-day period of the restriction. A law |
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enforcement agency may return a firearm to a person who lawfully may |
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possess a firearm before the expiration of the 90-day period if the |
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person provides a copy of an order showing the court granted the |
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person's appeal of the restriction, in accordance with Section |
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574.0335(b), Health and Safety Code. |
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SECTION 2. Subchapter C, Chapter 574, Health and Safety |
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Code, is amended by adding Section 574.0335 to read as follows: |
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Sec. 574.0335. ORDER IMPOSING TEMPORARY FIREARM |
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RESTRICTION. (a) The judge may issue an order prohibiting the |
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owning, possessing, or purchasing of a firearm for a period of 90 |
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days by a proposed patient who is ordered to receive court-ordered |
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outpatient mental health services under Section 574.034 or 574.035, |
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or who does not otherwise meet the applicable criteria for |
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court-ordered mental health services and is released under Section |
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574.033, if the court finds by clear and convincing evidence that |
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the proposed patient's possession of a firearm would present a |
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substantial risk of serious harm to the proposed patient's self or |
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to others. |
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(b) A person may appeal a temporary firearm restriction |
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imposed on the person under this section not sooner than 30 days |
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after the date the order is imposed. The court shall hold a hearing |
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to consider the appeal and shall remove the restriction unless the |
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court finds by clear and convincing evidence that the person's |
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possession of a firearm continues to pose a substantial risk of |
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serious harm to the person's self or to others. |
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(c) If the court denies a person's appeal, the temporary |
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firearm restriction shall continue, and the person may not make a |
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subsequent appeal of the restriction for the remainder of the |
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90-day period for which the restriction is imposed. |
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SECTION 3. (a) The change in law made by this Act to Article |
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18.191, Code of Criminal Procedure, applies only to the disposition |
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of a firearm seized by a law enforcement agency on or after the |
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effective date of this Act. |
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(b) The change in law made by this Act in adding Section |
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574.0335, Health and Safety Code, applies to a hearing held under |
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that chapter on or after the effective date of this Act, regardless |
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of whether conduct of a proposed patient that is a subject of the |
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hearing occurred before the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |