Amends TCA Title 39, Chapter 17.

This bill authorizes a court to grant an extreme risk protection order, as discussed below. The court may issue such an order ex parte (without the respondent appearing) upon finding reasonable cause to believe that the respondent poses an imminent and significant risk of causing harm to the respondent's self or others by having possession, custody, or control of or by purchasing or receiving a firearm or ammunition. An ex parte order pursuant to this bill will prohibit the respondent from purchasing or possessing any firearm during the period the order is in effect. Under this bill, a law enforcement officer or a family or household member who reasonably believes that a person poses an imminent and significant risk of harm to the person or others if allowed to purchase or possess a firearm may seek relief by filing a sworn petition for an extreme risk protection order (order) against the person in any court having jurisdiction over domestic relations matters. Upon the filing of a petition, the court may issue an ex parte order, as described above, if an ex parte order is requested in the petition. This bill requires that a hearing be held within 14 days of service of an ex parte order on the respondent. There, the court must either dissolve the order or, if the petitioner has proved the allegation by clear and convincing evidence, extend the order for a definite period of time not to exceed one year. Such an order may be continued for subsequent one-year periods upon further hearings. If no ex parte order has been issued as of the time of the hearing, and the petitioner has proved the allegation by clear and convincing evidence, the court may issue an order prohibiting the respondent from possessing a firearm for a time not to exceed one year. This bill sets out in detail all of the procedural requirements for petitions, hearings, and the order, including the factors the court will consider in ruling on the petition. This bill also sets out in detail the procedures for a respondent to file to have the order dismissed and firearms returned to the respondent. This bill requires the law enforcement officer serving an order issued pursuant to this to request that the respondent immediately relinquish to law enforcement all firearms and ammunition owned by the respondent or that are in the respondent's custody, control, or possession, and authorizes the officer to seek a search warrant to search for firearms and ammunition, if the officer has probable cause to believe that the respondent has not relinquished firearms or ammunition. The court will require the respondent to appear before the court no later than three business days after the issuance of the order and present proof that the respondent has relinquished all firearms and ammunition in the respondent's custody, control, or possession to the appropriate law enforcement agency. This bill requires law enforcement agencies to develop policies and procedures for the acceptance, storage, and return of firearms and ammunition. This bill requires the administrative office of the courts (AOC) to develop the petitions and orders, instructions and informational brochures for completing a petition, and a court staff handbook on the extreme risk protection order process. Also, the clerk of court must create a community resource list of crisis intervention, mental health, substance abuse, interpreter, counseling, and other relevant resources serving the county in which the court is located. The court must make the community resource list available as part of or in addition to the informational brochures. This bill requires, by January 31, 2023, and each January 31 thereafter, each clerk of court to report to the AOC the following information: (A) The total number of petitions filed during the previous year seeking an extreme risk protection order, and the total number of those petitions requesting an ex parte extreme risk protection order; (B) The total number of ex parte extreme risk protection orders issued and denied during the previous year; (C) The total number of extreme risk protection orders issued and denied during the previous year; (D) The total number of extreme risk protection orders dismissed upon motion by the respondent during the previous year; and (E) The total number of extreme risk protection orders extended during the previous year. Also, by April 1, 2023, and April 1 of each year thereafter, the AOC must compile and publish on its website a report which compiles the information received pursuant to the above provisions and lists each category by county and type of court. Under this bill, possession of a firearm by a person against whom an order has been issued will be a Class E felony. For purposes of developing forms, this bill will take effect upon becoming law. For all other purposes, this bill will take effect January 1, 2022.