SB 329
Modifies provisions relating to extreme risk orders of protection
Sponsor:
LR Number:
0847S.02I
Committee:
Last Action:
1/4/2023 - S First Read
Journal Page:
S59
Title:
Calendar Position:
157
Effective Date:
August 28, 2023

Current Bill Summary

SB 329 - This act establishes an "extreme risk order of protection" which allows a court to restrain or enjoin a respondent from possessing any firearm if a parent, teacher, or school administrator of the respondent or a law enforcement officer or agency proves by a preponderance of the evidence that an immediate and significant danger exists to a respondent at risk of causing personal injury to him or herself or others.

A court may immediately issue an ex parte order of protection for good cause shown and the court shall order the respondent to surrender all firearms as provided in the act. If the respondent does not comply, then a law enforcement officer serving the order shall conduct a lawful search and seizure of any firearms of the respondent. The court shall then hold a hearing within 15 days of the filing of the petition and, if the court issues a full extreme risk order of protection, the person subject to the order of protection shall surrender any firearms in his or her possession, control, or ownership as provided in the act.

Additionally, this act provides that a respondent to an extreme risk order of protection may file a petition to modify or rescind an order. The petitioner may also renew the extreme risk order of protection for up to one year from the expiration of the preceding order.

Finally, any violation of an ex parte or full extreme risk order of protection shall be a class A misdemeanor for the first violation and a class E felony for any subsequent violation.

This act is similar to SB 940 (2020) and to provisions in SB 42 (2019), SB 1101 (2018), and HB 2281 (2018).

MARY GRACE PRINGLE

Amendments

No Amendments Found.