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Rep. Moody, Joe

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Moody Leading on Lethal Violence Protective Order Law  print page

by: Rep. Moody, Joe
06/20/2018

Austin-On May 30th, Governor Greg Abbott introduced his School and Firearm Safety Action Plan, which outlined forty ideas for curbing school violence and protecting children. Among the Governor's recommendations was legislation authored by Criminal Jurisprudence Committee Chair Joe Moody: lethal violence protective orders, also known as "red flag" laws.

"The law would allow a person's family members (or a police officer acting through a prosecutor) to ask a judge to temporarily remove firearms from a person's possession if they pose an immediate danger of lethal violence to themselves or others," said Representative Moody. "This mirrors arrest and search warrants today, except we plan to include even stronger due process, with a full-blown hearing (including a mental health exam) following almost immediately after that short-term order, and of course, a right to appeal. Naturally, what we're looking at in these situations is also a mental health plan for the individual."
Similar legislation has been passed in other states and might have prevented recent tragedies in which numerous warning signs led to a shooter being reported to authorities who had no legal way to stop the threat beforehand. Representative Moody's efforts in this arena were highlighted in the Texas Tribune.
Representative Moody is optimistic: "I'm confident that, with Governor Abbott's support, the Texas Legislature can reach a bipartisan agreement to keep guns out of the hands of dangerous people while protecting the rights of responsible gun owners."

Chair Moody has set a Criminal Jurisprudence Committee hearing for Monday, June 25th at 10:00 a.m. at the Capitol to hear from people across the state about what this legislation should include and how it would protect Texas families and students.

More information can be found on the committee website, and the video links there will also stream the hearing in real-time.

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