Senate Bill #2492 (2018)

AN ACT RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- EXTREME RISK PROTECTION ORDERS -- CRIMINAL OFFENSES -- WEAPONS

Authorizes the supreme court to issue "extreme risk protections orders" requiring the surrender of all firearms from persons determined to be capable of causing personal injury.

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  • 2018 – S 2492
  • 2018 – S 2492 SUBSTITUTE A
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  • LC005022
  • LC005022/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO COURTS AND CIVIL PROCEDURE–COURTS – EXTREME RISK
  • PROTECTION ORDERS – CRIMINAL OFFENSES – WEAPONS
  • Introduced By: Senators Goodwin, Ruggerio, McCaffrey, Euer, and DiPalma
  • Date Introduced: February 27, 2018
  • Referred To: Senate Judiciary
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Title 8 of the General Laws entitled "COURTS AND CIVIL PROCEDURE - COURTS" is hereby amended by adding thereto the following chapter:
  • CHAPTER 8.3
  • EXTREME RISK PROTECTION ORDERS
  • 8-8.3-1. Definitions.
  • When used in this chapter, the following words and phrases shall have the following meanings:
  • (1) "Court" means the superior court in the county in which the petitioner resides.
  • (2) "Extreme risk protection order" means an ex parte temporary or final order granted under this chapter.
  • (3) "Family or household member" means present and former family members (as defined in § 15-15-1), parents (as defined in § 15-15-1), stepparents, legal guardians, persons who are or have been in a substantive dating or engagement relationship within the past one year (as defined in § 15-15-1), and cohabitants (as defined in § 8-8.1-1).
  • (4) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun," "BB gun," or other instrument from which steel or metal projectiles are propelled, or which may readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except instruments propelling projectiles which are designed or normally used for a primary purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm under the provisions of this section.
  • (5) "Petitioner" means the person who petitions for an order under this chapter.
  • (6) "Respondent" means the person who is identified as the respondent in a petition filed under this chapter.
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO COURTS AND CIVIL PROCEDURE–COURTS – EXTREME RISK
  • PROTECTION ORDERS – CRIMINAL OFFENSES – WEAPONS
  • Introduced By: Senators Goodwin, Ruggerio, McCaffrey, Euer, and DiPalma
  • Date Introduced: February 27, 2018
  • Referred To: Senate Judiciary
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Title 8 of the GeneralLaws entitled "COURTS AND CIVILPROCEDURE - COURTS"is hereby amended by adding thereto the following chapter:
  • CHAPTER 8.3
  • EXTREME RISK PROTECTION ORDERS
  • 8-8.3-1. Definitions.
  • When used in this chapter, the following words and phrases shall have the following meanings:
  • (1) "Court" means the superior court in the county in which the respondent resides.
  • (2) "Extreme risk protection order" means either a temporary order or a one year order granted under this chapter.
  • (3) "Family or household member" means present and former family members (as defined in § 15-15-1), parents (as defined in § 15-15-1), stepparents, legalguardians, persons who are or have been in a substantive dating or engagement relationship within the past one year (as defined in § 15-15-1), and cohabitants (as defined in § 8-8.1-1).
  • (4) "Firearm" means and includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun," "BB gun," or other instrument from which steel or metal projectiles are propelled, or which may readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except instruments propelling projectiles which are designed or normally used for a primary purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a firearm pursuant to the provisions of this section.
  • (5) "Law enforcement agency" means the police department of any city or town, and the division of the Rhode Island state police established pursuant to chapter 28 of title 42.
  • (6) "Law enforcement officer" means a sworn member of a law enforcement agency as defined herein.
  • (7) "One year extreme risk protection order" means an extreme risk protection order granted pursuant to the provisions of § 8-8.3-5 or renewed pursuant to the provisions of § 8-8.3-7.
  • (8) "Petitioner" means a law enforcement agency that petitions for an order pursuant to this chapter.
  • (9) "Respondent" means the person who is identified as the respondent in a petition filed pursuant to this chapter.
  • (10) "Social media" means any cell phone or internet based tools and applications that are used to share and distribute information.
  • (11) "Temporary extreme risk protection order" means an extreme risk protection order issued pursuant to the provisions of § 8-8.3-4.
  • 8-8.3-2. Filing of petition.
  • Proceedings under this chapter shall be filed, heard and determined in the superior court of the county in which the petitioner resides. Any proceedings under this chapter shall not preclude any other available civil or criminal remedies. A party filing a petition under this chapter may do so without payment of any filing fee. There shall be no minimum residence requirements for the filing of a petition under this chapter.
  • 8-8.3-3. Petition for order.
  • (a) A petitioner may file a petition in the superior court requesting an extreme risk protection order, which shall enjoin the respondent from having in their possession, custody or control any firearms and shall further enjoin the respondent from purchasing, receiving or attempting to purchase or receive any firearms while the order is in effect.
  • (b) A petition for an extreme risk protection order may be filed by:
  • (1) A law enforcement officer or agency;
  • (2) The office of the attorney general; or
  • (2) A family or household member of the respondent.
  • (c) A petition for an extreme risk protection order must be supported by a written affidavit signed by the petitioner under oath or by an oral statement by the petitioner taken under oath and any other witness the petitioner may produce.
  • (d) A petition must allege that the respondent poses a significant danger of causing personal injury to self or others by having in their custody or control, purchasing, possessing, or receiving a firearm, and must state the specific statements, actions, or facts that give rise to a reasonable fear of future dangerous acts by the respondent.
  • (e) If the petitioner believes there are firearms in the respondent's current ownership, possession, custody, or control, the petition shall identify the number, types, and locations of all such firearms, if known.
  • (f) A petitioner for an extreme risk protection order, at the time of the filing, shall identify all known restraining orders, orders of protection and pending lawsuits, complaints, petitions or actions pending, active or filed within one year prior to the petition involving either the petitioner or respondent, including, but not limited to, any orders entered pursuant to chapter 8.1 of title 8 or chapter 15 of title 15. The court administrator shall verify the terms of any existing order governing the parties. The court may not delay granting relief under this chapter because of the existence of a pending action between the parties or the necessity of verifying the terms of an existing order. A petition for an extreme risk protection order may be granted whether or not there is a pending action between the parties.
  • (g) If the petitioner is a law enforcement officer or agency, the petitioner shall make a good faith effort to provide notice to a family or household member of the respondent and to any known third party who may be at risk of violence. The notice must state that the petitioner intends to petition the court for an extreme risk protection order or has already done so, and include referrals to appropriate resources, including mental health, domestic violence, and counseling resources. The petitioner must attest in the petition to having provided such notice, or attest to the steps that shall be taken to provide such notice.
  • (h) If the petition states that disclosure of the petitioner's address would risk harm to the petitioner or any member of the petitioner's family or household, the petitioner's address may be omitted from all documents filed with the court. If the petitioner has not disclosed an address under this subsection, the petitioner must designate an alternative address at which the respondent may serve notice of any motions. If the petitioner is a law enforcement officer or agency, the address of record shall be that of the law enforcement agency.
  • (i) After August 1, 2018, all court clerk's offices shall make available the standardized forms, instructions, and informational brochures required by § 8-8.3-14. Any assistance or information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in a petition.
  • 8-8.3-4. Hearings on petition – Grounds for issuance – Contents of order.
  • (a) Upon receipt of a petition, the court shall order a hearing to be held not later than twenty-one (21) days from the date of the order and issue a notice of hearing to the respondent for the same.
  • (b) The court clerk shall cause a copy of the notice of hearing and petition to be forwarded on or before the next judicial day to the appropriate law enforcement agency for service upon the respondent.
  • (c) Personal service of the notice of hearing and petition shall be made upon the respondent by a member of the division of sheriffs or a certified constable not less than five (5) court days prior to the hearing. Service issued under this section takes precedence over the service of other documents, unless the other documents are of a similar emergency nature. If timely personal service cannot be made, the court shall set a new hearing date and shall require additional attempts at obtaining personal service or permit alternate service as provided in § 8- 8.3-7.
  • (d) If the court issues a temporary extreme risk protection order, as provided in § 8-8.3-5, pending the hearing ordered under this subsection, such temporary order shall be served concurrently with the notice of hearing and petition.
  • (e) Upon hearing the matter, if the court finds by clear and convincing evidence that the respondent poses a significant danger of causing personal injury to self or others by having in their possession custody or control, purchasing, possessing, or receiving a firearm, the court shall issue an extreme risk protection order. An extreme risk protection order issued by the court shall be for a fixed period of one year, at the expiration of which time the court may extend the extreme risk protection order as set forth in § 8-8.3-8.
  • (f) In determining whether grounds for an extreme risk protection order exist, the court shall consider the following:
  • Proceedings under this chapter shall be filed, heard and determined in the superior court of the county in which the respondent resides. Any proceedings under this chapter shall not preclude any other available civil or criminal remedies. A party filing a petition under this chapter may do so without payment of any filing fee. There shall be no minimum residence requirements for the filing of a petition under this chapter. All matters filed under this chapter, as well as any documents submitted in conjunction with proceedings under this chapter, shall be maintained as confidential or non-public by the superior court.
  • 8-8.3-3. Contents of petition.
  • (a) A petition for an extreme risk protection order shall be filed only by a law enforcement agency.
  • (b) A petitioner may file a petition with the court requesting an extreme risk protection order that shall enjoin the respondent from having in their possession, custody or control any firearms and shall further enjoin the respondent from purchasing, receiving or attempting to purchase or receive any firearms while the order is in effect. The petitioner shallconcurrently file a sworn affidavit for a search warrant pursuant to chapter 5 of title 12 for the search of any firearms in the possession, custody, or control of the respondent.
  • (c) A petitioner shall file a petition upon receipt of credible information that the
  • LC005022/SUB A - Page 2of 15 respondent poses a significant danger of causing imminent personal injury to self or others by having in their custody or control, or by purchasing, possessing, or receiving, a firearm.
  • (d) A petition must state the specific statements, actions, or facts that support the belief that the respondent poses a significant danger of causing imminent personal injury to self or others by having in their custody or control, or by purchasing, possessing, or receiving, a firearm.
  • (e) A petition for an extreme risk protection order must be supported by a written affidavit signed by the petitioner under oath. The petitioner may produce sworn statements or testimony of other witnesses to support the petition.
  • (f) If the petitioner believes there are firearms in the respondent's current ownership, possession, custody, or control, the petition and search warrant affidavit shall identify the number, types, and locations of all such firearms, if known.
  • (g) A petitioner for an extreme risk protection order, at the time of the filing, shall identify all known restraining orders, orders of protection and pending lawsuits, complaints, petitions or actions pending, active or filed within one year prior to the petition involving the respondent, including, but not limited to, an order entered pursuant to chapter 8.1 of title 8 or chapter 15 of title 15.
  • 8-8.3-4. Temporary orders – Proceedings.
  • (a) Upon the filing of a petition under this chapter, the court may enter a temporary order if the court finds there is probable cause from specific facts shown by the petition that the respondent poses a significant danger of causing imminent personal injury to self or others by having in their custody or control, or by purchasing, possessing, or receiving, a firearm before notice can be served and a hearing held.
  • (b) If the court finds probable cause under subsection (a) of this section and from the sworn affidavit, a searchwarrantshallissue pursuant to chapter 5 of title 12 for the search for any firearms in the possession, custody, or control of the respondent. Such warrant shallbe executed pursuant to chapter 5 of title 12.
  • (c) When the court is unavailable after the close of business a petition and affidavit may be filed before any available superior court judge.
  • (d) Any order and warrant issued under this section and any documentation in support of an order and warrant shall be filed immediately with the clerk of the superior court. The filing shall have the effect of commencing proceedings under this chapter and invoking the other provisions of this chapter.
  • (e) A temporary extreme risk protection order must include:
  • (1) A statement of the grounds supporting the issuance of the order;
  • LC005022/SUB A - Page 3of 15
  • (2) The date and time the order was issued;
  • (3) A statement that the order shall continue until such time as a court considers the petition pursuant to § 8-8.3-5 at a hearing;
  • (4) The address of the court that issued the order and in which any responsive pleading should be filed;
  • (5) The date and time of the scheduled hearing;
  • (6) The following statement: "To the subject of this protection order: This order will continue until the hearing scheduled on the date and time noted above. If any of your firearms have not been seized by the petitioner, you are under an obligation to immediately contact the petitioner to arrange for the surrender of any other firearms that you own and/or are in your custody, control, or possession, that have not been seized. You must surrender to the petitioner all firearms that you own and/or are in your custody, control, or possession, and also immediately surrender to the licensing authority or the attorney general any concealed carry permit issued to you pursuant to § 11-47-11 or § 11-47-18. While this order is in effect, it is illegalfor you to have any firearm in your possession, custody or control or for you to purchase, receive, or attempt to purchase or receive any firearm. You may seek the advice of an attorney as to any matter connected with this order. If you believe you cannot affordan attorney, you are herebyreferred to the public defender for an intake interview, and if eligible, the court shall appoint an attorney for you."
  • (7) Any temporary extreme risk protection order issued pursuant to this section shall continue until the time of the hearing pursuant to § 8-8.3-5. If the court continues a hearing pursuant to § 8-8.3-5, the temporary order shall remain in effect until the next hearing date.
  • (f) The court shall schedule a hearing within fourteen (14) days of the issuance of a temporary extreme risk protection order to determine if a one-year extreme risk protection order should be issued under this chapter.
  • (g) A temporary extreme risk protection order shall be immediately personally served by the petitioner along with supporting documents that formed the basis of the order, the notice of hearing and petition for the one-year extreme protection order. Alternate service shall be in accordance with § 8-8.3-6. Service issued under this section takes precedence over the service of other documents, unless the other documents are of a similar emergency nature. If timely personal service cannot be made, the court shall set a new hearing date and shall require additional attempts at obtaining personalservice or permit alternate service as provided in this chapter.
  • (h) If the court declines to issue a temporary extreme risk protection order, the court shall state in writing the reasons for the denial.
  • LC005022/SUB A - Page 4of 15
  • 8-8.3-5. Hearings on petition – Grounds for issuance – Contents of order.
  • (a) Upon hearing the matter, if the court finds by clear and convincing evidence that the respondent poses a significant danger of causing imminent personal injury to self or others by having in their custody or control, or by purchasing, possessing, or receiving, a firearm, the court shall issue a one-year extreme risk protection order. An extreme risk protection order issued by the court shall be for a fixed period of one year, at the expiration of which time the court may renew the extreme risk protection order as set forth in § 8-8.3-7.
  • (b) In determining whether grounds for an extreme risk protection order exist, the court may consider any or all of the following, including, but not limited to:
  • (1) A recent act or threat of violence by the respondent against self or others, regardless of whether such act or threat of violence involves a firearm;
  • (2) A pattern of acts or threats or violence by the respondent within the past twelve (12) months, including, but not limited to, acts or threats of violence against self or others;
  • (3) The respondent's mental health history;
  • (4) Evidence of respondent's abuse of controlled substances or alcohol;
  • (5) Previous violations by the respondent of any court order including, but not limited to, restraining orders, no contact orders issued pursuant to § 12-29-4, and protective orders issued pursuant to chapter 8.1 of title 8 or chapter 15 of title 15;
  • (2) A pattern of acts or threats of violence by the respondent within the past twelve (12) months, including, but not limited to, acts or threats of violence against self or others;
  • (3) The respondent's mentalhealth history;
  • (4) Evidence of the respondent's abuse of controlled substances or alcohol;
  • (5) Previous violations by the respondent of any court order including, but not limited to, restraining orders, no contact orders issued pursuant to chapter 29 of title 12, and protective orders issued pursuant to chapter 8.1 of title 8 or chapter 15 of title 15;
  • (6) Previous extreme risk protection orders issued against the respondent;
  • (7) The unlawful, threatening, or reckless use or brandishing of a firearm by respondent;
  • (8) Respondent's criminal history, including, but not limited to, arrests and convictions for felony offenses, crimes of violence as defined in § 11-47-2, violent misdemeanor offenses, crimes involving domestic violence as defined in § 12-29-2, and stalking; and
  • (9) Evidence of recent acquisition of firearms by the respondent.
  • (g) In determining whether grounds for an extreme risk protection order exist, the court may also consider any other relevant and credible evidence presented by the petitioner, respondent and any witnesses they may produce.
  • (h) In a hearing under this chapter, the court may examine under oath the petitioner, respondent and any witnesses they may produce. In lieu of examination, the court may consider sworn affidavits of the respondent, and any witnesses they or the petitioner may produce; however, sworn affidavits cannot serve as the sole basis for the court's determination.
  • (i) The court may continue a hearing under this section upon a showing of good cause. If the court continues a hearing under this subsection in a matter in which a temporary extreme risk protection order has been issued under § 8-8.3-5, the temporary extreme risk protection order shall remain in effect until the next hearing date.
  • (j) During the hearing the court shall consider whether a mental health evaluation or substance abuse evaluation is appropriate, and may order such evaluation if appropriate.
  • (k) An extreme risk protection order must include:
  • (7) The unlawful, threatening, or reckless use or brandishing of a firearm by the respondent, including, but not limited to, such act taken or displayed through social media;
  • (8) The respondent's ownership of, access to, or intent to possess firearms;
  • (9) The respondent's criminal history, including, but not limited to, arrests and convictions for felony offenses, crimes of violence as defined in § 11-47-2, violent misdemeanor offenses, crimes involving domestic violence as defined in § 12-29-2, and stalking;
  • (10) The history, use, attempted use, or threatened use of physical violence by the respondent against another person, or the respondent's history of stalking another person, or evidence of cruelty to animals by the respondent, including, but not limited to, evidence of violations or convictions pursuant to the provisions of chapter 1 of title 4; and
  • (11) Evidence of recent acquisition or attempts at acquisition of firearms by the respondent.
  • (c) In determining whether grounds for a one-year extreme risk protection order exist, the court may also consider any other relevant and credible evidence presented by the petitioner, respondent and any witnesses they may produce.
  • LC005022/SUB A - Page 5of 15
  • (d) The court may continue a hearing under this section upon a showing of good cause, including, but not limited to, whether service was effectuated less than seven (7) days from the date of the scheduled hearing. If the court continues a hearing under this subsection in a matter in which a temporary extreme risk protection order has been issued under § 8-8.3-4, the temporary extreme risk protection order shall remain in effect until the next hearing date.
  • (e) During the hearing the court may consider whether a mental health evaluation or substance abuse evaluation is appropriate, and may recommend that the respondent seek such evaluation if appropriate.
  • (f) An extreme risk protection order must include:
  • (1) A statement of the grounds supporting the issuance of the order;
  • (2) The date and time the order was issued;
  • (3) The date and time the order expires;
  • (4) Whether a mental health or substance abuse evaluation of the respondent has been ordered;
  • (5) The address of the court that issued the order and in which any responsive pleading should be filed;
  • (6) A description of the requirement for surrender of firearms under § 8-8.3-9; and
  • (7) The following statement: "To the subject of this protection order: This order will last until the date and time noted above. If you have not done so already, you must immediately surrender to the local law enforcement agency or to the state police all firearms in your custody, control, or possession and also immediately surrender to the local law enforcement agency or to the state police any concealed pistol license issued to you under § 11-47-8. While this order is in effect, it is illegal for you to have any firearm in your possession, custody or control or for you to purchase, receive, or attempt to purchase or receive any firearm. You have the right to request one hearing to terminate this order every twelve (12) month period that this order, or any renewal order, is in effect. You may seek the advice of an attorney as to any matter connected with this order."
  • (l) When a court issues an extreme risk protection order, the court shall inform the respondent that they are entitled to request termination of the order in the manner prescribed by § 8-8.3-8. The court shall provide the respondent with a form to request a termination hearing.
  • (m) If the court declines to issue an extreme risk protection order, the court shall state the particular reasons for the court's denial.
  • 8-8.3-5. Temporary orders – Ex parte proceedings.
  • (a) Upon the filing of a petition under this chapter, the petitioner may request a temporary extreme risk protection order be issued before a hearing for an extreme risk protection order, without notice to the respondent, by including in the petition detailed sworn allegations based on personal knowledge that the respondent poses an imminent danger of causing personal injury to self or others by having in their custody or control, purchasing, possessing, or receiving a firearm.
  • (b) In determining whether to issue a temporary extreme risk protection order, the court shall consider all relevant evidence, including, but not limited to, the evidence described in § 8- 8.3-4(f).
  • (c) If a court finds there is probable cause to believe that the respondent poses an imminent danger of causing personal injury to self or others by having in their custody or control, purchasing, possessing, or receiving a firearm, the court shall issue an ex parte extreme risk protection order.
  • (d) The court shall hold an ex parte extreme risk protection order hearing on the day the petition is filed or on the judicial day immediately following the day the petition is filed.
  • (e) In accordance with § 8-8.3-4, the court shall schedule a hearing within seven (7) days of the issuance of a temporary extreme risk protection order to determine if a one-year extreme risk protection order should be issued under this chapter.
  • (f) A temporary extreme risk protection order must include:
  • (1) A statement of the grounds supporting the issuance of the order;
  • (2) The date and time the order was issued;
  • (3) The date and time the order expires, which shall be for a period of up to one year unless the court determines that the order should be issued for a longer duration;
  • (4) The address of the court that issued the order and in which any responsive pleading should be filed;
  • (5) The date and time of the scheduled hearing;
  • (6) A description of the requirement for surrender of firearms under § 8-8.3-9;
  • (7) The following statement: "To the subject of this protection order: This order will last until the date and time noted above. If you have not done so already, you must surrender to the local law enforcement agency or to the state police all firearms in your custody, control, or possession and also immediately surrender to local law enforcement agency or to the state police any concealed pistol license issued to you under § 11-47-8. While this order is in effect, it is illegal for you to have any firearm in your possession, custody or control or for you to purchase, receive, or attempt to purchase or receive any firearm. You may seek the advice of an attorney as to any matter connected with this order."
  • (8) Any temporary extreme risk protection order issued pursuant to this section shall expire at the time of the hearing under § 8-8.3-4. If the court continues a hearing under § 8-8.3- 4(i), the temporary extreme risk protection order shall remain in effect until the next hearing date.
  • (9) A temporary extreme risk protection order shall be served in the same manner as provided for in § 8-8.3-4(c) for service of the notice of hearing and petition, and shall be served concurrently with the notice of hearing and petition.
  • (10) If the court declines to issue a temporary extreme risk protection order, the court shall state the particular reasons for the denial.
  • 8-8.3-6. Service of orders.
  • (a) An extreme risk protection order issued under this chapter shall be personally served upon the respondent, except as otherwise provided in § 8-8.3-7.
  • (b) The division of sheriffs or a certified constable with jurisdiction in the area in which the respondent resides shall serve the respondent personally.
  • (c) The clerk of the court shall cause a copy of the order issued under this chapter to be forwarded on or before the next judicial day to the division of sheriffs or the certified constable specified in the order for service upon the respondent. Service of an order issued under this chapter takes precedence over the service of other documents, unless the other documents are of a similar emergency nature.
  • (d) If the division of sheriffs or the certified constable cannot complete service upon the respondent within seven (7) days, the deputy sheriff or constable shall notify the petitioner.
  • (e) If the respondent appeared in person before the court, the order entered by the court shall recite that and the necessity for further service is waived and proof of service of that order is not necessary.
  • (f) The court may permit alternate means of service in accordance with § 8-8.3-7.
  • 8-8.3-7. Return of service – Alternate service.
  • (a) The petition and any order issued under this chapter shall be personally served upon the respondent by a deputy sheriff or certified constable except as provided in subsections (c), (d), and (e) of this section. Service shall be made without payment of any fee when service is made by a deputy sheriff. At the election of the petitioner, service pursuant to this subsection may also be made by a certified constable authorized to serve process of the superior court. The certified constable shall be entitled to receive the fee allowed by law for the service of a superior court summons.
  • (b) Return of service shall be forwarded by the deputy sheriff or certified constable to the clerk of court prior to the date set down for hearing on the petition. If service has not been made, the deputy sheriff or certified constable shall indicate on the summons the reason therefor and the attempts made to serve the respondent.
  • (c) At the time the return of service is sent to the clerk of the court, the deputy sheriff or certified constable shall cause a copy of the return of service to be sent to the petitioner and to the appropriate law enforcement agency.
  • (d) If, at the time of hearing on the petition, the court determines that after diligent effort the deputy sheriff or certified constable has been unable to serve the respondent personally, the judge may order an alternate method of service designed to give reasonable notice of the action to the respondent and taking into consideration the petitioner's ability to afford the means of service ordered. Alternative service shall include, but not be limited to: service by certified and regular mail at respondent's last-known address or place of employment; leaving copies at the respondent's dwelling or usual place of abode with a person of suitable age and discretion residing therein; or by publication in a newspaper once a week for two (2) consecutive weeks. The court shall set a new date for hearing on the petition, no sooner than twenty-one (21) days later, and shall extend any temporary extreme risk protection order until that date.
  • (e) If the respondent appears in person before the court, the necessity for further service is waived and proof of service of that order is not necessary. If the respondent is served notice regarding the complaint and hearing, but does not appear at the hearing, the hearing shall be held without the respondent present and the clerk of the superior court shall mail the respondent a copy of the resulting order.
  • 8-8.3-8. Termination – Expiration – Renewal of orders.
  • (a) The respondent may submit one written request for a hearing to terminate an extreme risk protection order issued under this chapter every twelve (12) month period that the order, or any renewal order, is in effect.
  • (1) Upon receipt of the request for a hearing to terminate an extreme risk protection order, the court shall set a date for a hearing. Notice of the request shall be served on the original petitioner for order in accordance with the requirements of § 8-8.3-6. The hearing shall occur no sooner than fourteen (14) days and no later than thirty (30) days from the date of service of the request upon the petitioner.
  • (2) The respondent shall have the burden of proving by clear and convincing evidence that the respondent does not pose a significant danger of causing personal injury to self or others by having in their custody or control, purchasing, possessing, or receiving a firearm. The court may consider any relevant evidence, including evidence of the considerations listed in § 8-8.3- 4(f).
  • (3) If the court finds after the hearing that the respondent has met their burden, the court shall terminate the order.
  • (b) The court shall notify the petitioner of the impending expiration of an extreme risk protection order. Notice must be received by the petitioner ninety (90) calendar days before the date the order expires.
  • (c) A family or household member of the respondent or a law enforcement officer or agency may by motion request a renewal of an extreme risk protection order at any time within ninety (90) calendar days before the expiration of the order.
  • (1) Upon receipt of the motion to renew, the court shall order that a hearing be held not later than seven (7) days from the date the order issues. The respondent shall be personally served in the same manner prescribed in § 8-8.3-4(c), or as otherwise ordered by the court.
  • (2) In determining whether to renew an extreme risk protection order issued under this section, the court shall consider all relevant evidence presented by the petitioner and follow the same procedure as provided in § 8-8.3-4.
  • (3) If the court finds by clear and convincing evidence that the requirements for issuance of an extreme risk protection order as provided in § 8-8.3-4 continue to be met, the court shall renew the order. However, if, after notice, the motion for renewal is uncontested and the petitioner seeks no modification of the order, the order may be renewed on the basis of the petitioner's motion and affidavit stating that there has been no material change in relevant circumstances since entry of the order which is subject to renewal.
  • (4) The renewal of an extreme risk protection order shall be for a fixed period of one year, subject to termination as provided in subsection (a) of this section or further renewal by order of the court.
  • 8-8.3-9. Surrender of firearms.
  • (a) Upon issuance of any extreme risk protection order under this chapter, including a temporary extreme risk protection order, the court shall order the respondent to immediately surrender to the local law enforcement agency or to the state police under terms and conditions as provided in § 11-47-5.4, all firearms in the respondent's custody, control, or possession and any concealed pistol license issued under §§ 11-47-8 or 11-47-11 to the local law enforcement agency or the state police.
  • (b) A deputy sheriff serving any extreme risk protection order, including a temporary extreme risk protection order, shall be accompanied by either a member of the Rhode Island state police or of the local police department (hereinafter referred to in this section collectively as "police" or "police officer"), and request that the respondent immediately surrender to the police all firearms in the respondent's possession, care, custody or control. The police shall conduct any search permitted by law for such firearms. The police shall take possession of all firearms that are surrendered, that are in plain sight, or that are discovered pursuant to a lawful search. As part of the order, the court may also direct a police officer to search for firearms in a respondent's possession consistent with chapter 5 of title 12. Alternatively, if personal service by a deputy sheriff is not possible, or not required because the respondent was present at the extreme risk protection order hearing, the respondent shall surrender the firearms in a safe manner to the control of the Rhode Island state police, or a local police department, immediately upon being served with the order by alternate service. If the respondent was present at the hearing, the respondent shall be accompanied by a police officer from the hearing while the respondent retrieves the respondent's firearm.
  • (c) At the time of surrender, a police officer taking possession of a firearm and/or concealed pistol license shall issue a receipt identifying all firearms that have been surrendered and provide a copy of the receipt to the respondent. Within seventy-two (72) hours after service of the order, the police officer shall file the original receipt with the court and shall ensure that their law enforcement agency retains a copy of the receipt. The police officer shall also notify the office of the attorney general as to any concealed weapons permits which have been surrendered, and the office of the attorney general shall update the applicable computer databases that these concealed weapons permits have been surrendered pursuant to this chapter and shall indicate that the concealed weapons permit are no longer valid.
  • (d) Upon the sworn statement or testimony of any person or law enforcement officer alleging that the respondent has failed to comply with the surrender of firearms as required by an order issued under this chapter, the court shall determine whether probable cause exists to believe that the respondent has failed to surrender all firearms in their possession, custody, or control. If probable cause exists, the court shall issue a warrant describing the firearms and authorizing a search of the locations where the firearms are reasonably believed to be and the seizure of any firearms discovered pursuant to such search.
  • (e) If a person other than the respondent claims title to any firearms surrendered pursuant to this section, and they are determined by the court to be the lawful owner of the firearm then the firearm shall be ordered returned to them, provided that:
  • (1) The lawful owner attests to the court that the firearms will be removed from the respondent's custody, control, or possession and that the lawful owner will store the firearm in a manner such that the respondent does not have access to or control of the firearm; and
  • (2) The Rhode Island state police or local law enforcement agency conducts a background check and determines that the owner is not prohibited from possessing the firearm under state or federal law.
  • (f) A respondent ordered to surrender possession of any firearms pursuant to this section shall, within seventy-two (72) hours after being served with the order, either:
  • (1) File with the court a receipt showing the firearms were physically surrendered to the state police or local police department; or
  • (2) File with the court, an attestation that, at the time of the order, the respondent had no firearms in their possession or control, or subject to their possession or control, and that the person, at the time of the attestation, has no firearms in their possession or control or subject to their possession or control.
  • (g) If a respondent fails to timely comply with the requirements of subsection (f) of this section, the court shall hold a hearing to determine if the respondent is in contempt of court.
  • (h) The state police are authorized to develop rules and procedures pertaining to the storage and return of firearms surrendered to the state police, or local police departments pursuant to this chapter. The state police may consult with the Rhode Island Police Chiefs' Association in developing rules and procedures.
  • 8-8.3-10. Firearms return – Disposal.
  • (a) Any firearm surrendered in accordance with this chapter shall be returned to the respondent upon their request when:
  • (1) The respondent produces documentation issued by the court indicating that the extreme risk protective order issued pursuant to this chapter has expired and has not been renewed or extended; and
  • (2) The law enforcement agency in possession of the firearms conducts a background check and determines that the respondent is not otherwise prohibited from possessing a firearm under state or federal law.
  • (b) A law enforcement agency shall, if requested, provide prior notice of the return of a firearm to a respondent and/or to family or household members of the respondent in the manner provided in § 8-8.3-6.
  • 8-8.3-11. Reporting of orders.
  • (a) The clerk of the court shall enter any extreme risk protection order or temporary extreme risk protection order issued under this chapter into a statewide judicial information system on the same day such order is issued.
  • (b) The clerk of the court shall forward a copy of an order issued under this chapter the same day such order is issued to the appropriate law enforcement agency specified in the order.
  • (1) Upon receipt of the copy of the order, the law enforcement agency shall enter the order into:
  • (i) The national instant criminal background check system, also known as the NICS database, pursuant to the mental health component under NICS reporting standards;
  • (ii) Any other federal or state computer-based systems used by law enforcement, the bureau of criminal investigation at the office of the attorney general, or others to identify prohibited purchasers of firearms; and
  • (iii) Any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants.
  • (2) The order must remain in each system for the period stated in the order, and the law enforcement agency shall only expunge orders from the systems that have expired or terminated. Entry into the computer-based criminal intelligence information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any city or town in the state.
  • (c) The issuing court shall, within three (3) judicial days after issuance of an extreme risk protection order or temporary extreme risk protection order, forward a copy of the respondent's driver's license, or comparable information, along with the date of order issuance, to the office of attorney general. Upon receipt of the information, the office of attorney general shall determine if the respondent has a concealed pistol license. If the respondent does have a concealed pistol license, the office of attorney general shall immediately revoke the license.
  • (d) If an extreme risk protection order is terminated before its expiration date, the clerk of the court shall forward the same day a copy of the termination order to the office of attorney general and the appropriate law enforcement agency specified in the termination order. Upon receipt of the order, the law enforcement agency shall promptly remove the order from any computer-based system in which it was entered pursuant to subsection (b) of this section.
  • 8-8.3-12. Penalties.
  • (a) Any violation of any extreme risk protection order shall subject the violator to being found in contempt of court. The contempt order shall not be exclusive and shall not preclude any other available civil or criminal remedies.
  • (b) Any violation of an extreme risk protection order issued under this chapter of which the respondent has actual notice shall be a felony and, upon conviction, shall be punished by imprisonment for not less than two (2) years nor more than ten (10) years, or a fine of not more than ten thousand dollars ($10,000), or both.
  • (c) "Actual notice" means that the respondent has received a copy of the order by service thereof or by being personally served with a copy of the order by a deputy sheriff or certified constable or by receipt of alternate service ordered by the court pursuant to § 8-8.3-6. Actual notice shall also include in-person notification by the court.
  • (d) Filing a petition under this chapter knowing the information in such petition to be materially false, or with intent to harass the respondent, shall be a misdemeanor that shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both.
  • 8-8.3-13. Liability.
  • Except as provided in § 8-8.3-12, this chapter does not impose criminal or civil liability on any person or entity for acts or omissions related to obtaining an extreme risk protection order or temporary extreme risk protection order including, but not limited to, reporting, declining to report, investigating, declining to investigate, filing, or declining to file a petition under this chapter.
  • 8-8.3-14. Court forms and informational material.
  • (a) The administrative office of the courts shall develop and prepare instructions and informational brochures, standard petitions and extreme risk protection order forms, and a court staff handbook on the extreme risk protection order process. The standard petition and order forms shall be used after August 1, 2018, for all petitions filed and orders issued under this chapter. The instructions, brochures, forms, and handbook shall be prepared in consultation with interested persons, including representatives of gun violence prevention groups, judges, and law enforcement personnel. Materials shall be based on best practices and available electronically online to the public.
  • (b) The instructions shall be designed to assist petitioners in completing the petition, and must include a sample of a standard petition and order for protection forms.
  • (c) The instructions and standard petition shall include a means for the petitioner to identify, with only lay knowledge, the firearms the respondent may own, possesses, receive, or have in their custody or control. The instructions shall provide pictures of types of firearms that the petitioner may choose from to identify the relevant firearms, or an equivalent means to allow petitioners to identify firearms without requiring specific or technical knowledge regarding the firearms.
  • (d) The informational brochure shall describe the use of and the process for obtaining, modifying, and terminating an extreme risk protection order under this chapter, and provide relevant forms.
  • (e) The extreme risk protection order form shall include, in a conspicuous location, notice of penalties resulting from violation of the order, and the following statement: "You have the sole responsibility to avoid or refrain from violating this order's provisions. Only the court can change the order and only upon written application."
  • (f) The court staff handbook shall allow for the addition of a community resource list by the court clerk.
  • (g) All court clerks may 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 may make the community resource list available as part of or in addition to the informational brochures described in subsection (a) of this section.
  • (h) The administrative office of the courts shall distribute a master copy of the petition and order forms, instructions, and informational brochures to all court clerks and shall distribute a master copy of the petition and order forms to all state courts. Distribution of all documents shall, at a minimum, be in an electronic format or formats accessible to all courts and court clerks in the state.
  • (i) The administrative office of the courts shall determine the significant non-English speaking or limited English speaking populations in the state. The administrator shall then arrange for translation of the instructions and informational brochures required by this section, which shall contain a sample of the standard petition and order for protection forms, into the languages spoken by those significant non-English speaking populations and shall distribute a master copy of the translated instructions and informational brochures to all court clerks by August 1, 2018.
  • (j) The administrative office of the courts shall update the instructions, brochures, standard petition and extreme risk protection order forms, and court staff handbook as necessary, including when changes in the law make an update necessary.
  • SECTION 2. Section 11-47-5 of the General Laws in Chapter 11-47 entitled "Weapons" is hereby amended to read as follows:
  • 11-47-5. Possession of firearms by certain persons prohibited.
  • (a) No person shall purchase, own, carry, transport, or have in his or her possession any firearm if that person:
  • (1) Has been convicted in this state or elsewhere of a crime of violence;
  • (2) Is a fugitive from justice;
  • (3) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted of an offense punishable as a felony under § 12-29-5; or
  • (4) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted of any of the following offenses punishable as a misdemeanor under § 12-29-5:
  • (i) Simple assault (§ 11-5-3);
  • (ii) Cyberstalking and cyberharassment (§ 11-52-4.2);
  • (iii) Violation of a protective order (as set forth in § 12-29-2(a)(10); or
  • (iv) Disorderly conduct (§ 11-45-1).
  • (A) A disorderly conduct conviction shall result in prohibition under this section if and only if the offense involves the use or attempted use of force or the threatened use of a dangerous weapon.
  • (5) The provisions of this subsection shall apply to all persons who enter a plea of nolo contendere to or have been convicted of any of the offenses specified in subsections (a)(3) and (a)(4) of this section, unless and until that person's matter has been expunged, or upon the completion of the sentence of a one-year filing, or the end of a one-year probationary period that no longer constitutes a conviction pursuant to § 12-18-3.
  • (b) No person shall purchase, carry, transport, or have in his or her possession any firearm if that person is subject to an order issued pursuant to chapter 15 of title 15, chapter 8.1 of title 8, or an equivalent order in this state or elsewhere, which order was issued after the person restrained has received notice of the proceedings and had an opportunity to be heard.
  • (c) No person shall purchase, carry, transport, or have in their possession any firearm if that person is subject to any extreme risk protection order, including a temporary extreme risk protection order issued pursuant to chapter 8.3 of title 8. Also, no person shall knowingly provide a firearm to a person subject to an extreme risk protection order, including a temporary extreme risk protection order, issued pursuant to chapter 8.3 of title 8.
  • (c)(d) No person who is in community confinement pursuant to the provisions of § 42-56- 20.2, or who is otherwise subject to electronic surveillance or monitoring devices as a condition of parole, shall purchase, carry, transport, or have in his or her possession any firearm. This subsection shall not apply to any person who has not been convicted of (or pleaded guilty or nolo contendere to) a crime of violence in a court of competent jurisdiction.
  • (d)(e) Every person violating the provisions of this section shall, upon conviction, be punished by imprisonment for not less than two (2) nor more than ten (10) years; and for penalties provided in this section he or she shall not be afforded the benefit of suspension or deferment of sentence nor of probation. In addition, a person in violation of the provisions of subsection (c) of this section may also be punished by a fine of up to ten thousand dollars ($10,000).
  • SECTION 3. This act shall take effect upon passage.
  • (4) Information pertaining to any recommendation by the court for mental health and/or substance abuse evaluations, if applicable;
  • (5) The address of the court that issued the order and in which any responsive pleading should be filed; and
  • (6) The following statement: "To the subject of this protection order: This order will continue until the date and time noted above unless terminated earlier by court order. If any of your firearms have not been seized by the petitioner, you are under an obligation to immediately contact the petitioner to arrange for the surrender of any other firearms that you own and/or are in your custody, control, or possession, that have not been seized. You must surrender to the petitioner all firearms that you own and/or are in your in your custody, control, or possession, and also immediately surrender to the licensing authority or the attorney general any concealed carry permit issued to you pursuant to § 11-47-11 or § 11-47-18. While this order is in effect, it is illegal for you to have any firearm in your possession, custody or control or for you to purchase, receive, or attempt to purchase or receive any firearm. You have the right to request one hearing to terminate this order within each twelve (12) month period that this order, or any renewalorder, is in effect. You may seek the advice of an attorney as to any matter connected with this order. If you believe you cannot afford an attorney, you are hereby referred to the public defender for an intake interview, and if eligible, the court shall appoint an attorney for you."
  • (g) Upon the issuance of a one-year extreme risk protection order, the court shallinform the respondent that they are entitled to request termination of the order in the manner prescribed by § 8-8.3-7. The court shall provide the respondent with a form to request a termination hearing. The court shall also schedule a review hearing of the matter, which hearing shall be scheduled
  • LC005022/SUB A - Page 6of 15 within thirty (30) calendar days before the date the one year extreme risk protection order is set to expire.
  • (h) If the court declines to issue a one-year extreme risk protection order, the court shall state in writing the particular reasons for the court's denial and shall also order the return of weapons to the respondent. Such return should be effectuated consistent with the provisions of § 8-8.3-8.
  • 8-8.3-6. Service of one year extreme risk protection orders.
  • (a) A one-year extreme risk protection order issued under this chapter shallbe personally served upon the respondent by the division of sheriffs. Provided, the division of sheriffs may request the assistance of the state police with such service as needed. If the division of sheriffs cannot complete service of the one-year extreme risk protection order upon the respondent within seven (7) days of the order's issuance, the deputy sheriff shall notify the petitioner and the court. The petitioner shall then seek an order for alternate service pursuant to this chapter.
  • (b) If the court determines that after diligent effort, personal service on the respondent with or of any documents as required pursuant to this chapter cannot be made, then the court may order an alternate method of service designed to give reasonable notice to the respondent. Alternative service may include, but shall not be limited to: service by certified and regular mail at respondent's last-known address or place of employment; leaving copies at the respondent's dwelling or usual place of abode with a person of suitable age and discretion residing therein; or by affixing a summons to the door of the respondent's residence. Provided, due to the nature of these proceedings, notice shall not be given by publication in a newspaper.
  • (c) In the event personal service of any order, notice, or other document issued pursuant to this chapter cannot be obtained, the court shall have discretion to continue any extreme risk protection order, and hearing thereon, as the court deems appropriate, until service can be made upon the respondent.
  • (d) Upon receipt of alternate service of any order, notice, or other document issued pursuant to this chapter, the respondent shall comply with the order, notice, or document as if personally served.
  • 8-8.3-7. Termination – Expiration – Renewal of orders.
  • (a) Termination of order. The respondent may submit a single written request for a hearing to terminate a one-year extreme risk protection order issued under this chapter within the twelve (12) month period that the order, or any renewalorder, is in effect.
  • (1) Upon receipt of the request for a hearing to terminate a one-year extreme risk protection order, the court shall set a date for a hearing. The respondent shallcause a copy of the
  • LC005022/SUB A - Page 7of 15 notice of the request to be served on the original petitioner. A hearing on this motion shall be scheduled not later than thirty (30) days from the date of filing the request.
  • (2) At a hearing to terminate a one-year extreme risk protection order prior to its scheduled date of expiration, the respondent shall have the burden of proving by clear and convincing evidence that the respondent does not pose a significant danger of causing imminent personal injury to self or others by having a firearm in their custody or control, or by purchasing, possessing, or receiving, a firearm. The court may consider any relevant evidence, including evidence of the considerations enumerated in § 8-8.3-5. In addition, the court may consider whether the respondent complied with the court's recommendation that the respondent undergo a mental health and/or substance abuse evaluation.
  • (3) If the court finds after the hearing that the respondent has met their burden by clear and convincing evidence, the court shall terminate the one-year order and order return of the firearms consistent with the provisions of §8-8.3-8.
  • (b) Notice of impending expiration. The original petitioner shall notify in writing all interested parties, including but not limited to family or household members of the respondent, of the impending expiration of any one-year extreme risk protection order within fourteen (14) calendar days before the date the order expires.
  • (c) Motion for renewal of order. The petitioner may by motion request a renewal of a one-year extreme risk protection order at any time within fourteen (14) calendar days before the date the order expires.
  • (1) Upon receipt of a motion to renew a one-year extreme risk protection order the court shall order that a hearing be held not later than fourteen (14) days from the date the motion is filed. The respondent shall be personally served with notice of the motion, unless otherwise ordered by the court.
  • (2) In determining whether to renew a one-year extreme risk protection order under this section, the court shall consider all relevant evidence presented by the petitioner and follow the same procedures provided in § 8-8.3-5. The court may also consider whether the respondent complied with any court recommendation for a mentalhealth and/or substance abuse evaluation.
  • (3) If the court finds by clear and convincing evidence that the requirements for issuance of a one-year extreme risk protection order as provided in § 8-8.3-5 continue to be met, the court shall renew the order for another year. Further, if, after notice, the motion for renewal is uncontested and the petitioner seeks no modification of the order, the order may be renewed on the basis of the petitioner's motion and affidavit stating that there has been no materialchange in relevant circumstances since entry of the order which is subject to renewal.
  • LC005022/SUB A - Page 8of 15
  • (4) A renewal of a one-year extreme risk protection order shall be for another fixed period of one year, subject to termination as provided in subsection (a) of this section or future renewalby order of the court pursuant to this subsection.
  • 8-8.3-8. Firearms return –- Disposal.
  • (a) Any firearm seized or surrendered in accordance with this chapter shallbe returned to the respondent upon their request, within ten (10) days, when:
  • (1) The respondent produces documentation issued by the court indicating that any extreme risk protective order issued pursuant to this chapter has expired, terminated, or has not been renewed. Respondent shall not be required to acquire any additional court order granting the return of seized or surrendered firearms; and
  • (2) The law enforcement agency in possession of the firearms conducts a national criminal records check and determines that the respondent is not otherwise prohibited from possessing a firearm under state or federallaw.
  • (b) A law enforcement agency shall, if requested by the court or the petitioner, provide prior notice to any interested party, including but not limited to family or household members of the respondent, of the impending return of a firearm to a respondent, in the manner provided in § 8-8.3-6.
  • (c) Upon written request of the respondent, any law enforcement agency storing firearm(s) shall transfer possession of the firearm(s) to a federally licensed firearms dealer, who may be designated by the respondent if so desired.
  • (1) The respondent may instruct the federally licensed firearms dealer designated by the respondent where applicable to sell the firearm(s) or to transfer ownership or possession in accordance with state and federallaw, to a qualified named individualwho is not a member of the person's dwelling house, and who is not prohibited from possessing firearms under state or federal law. The owner of any firearm(s) sold shallreceive any financialvalue received from their sale, less the cost associated with taking possession of, storing, and transferring of the firearm(s).
  • (2) Any individual to whom possession of a firearm(s) is transferred pursuant to this subsection shall be prohibited from transferring or returning any firearm(s) to the respondent while the extreme risk protective order is in effect and shall be informed of this prohibition. Any knowing violation of this subsection is a felony which shall be punishable by imprisonment for a term of not more than five (5) years, or by a fine of not more than one thousand dollars ($1,000), or both.
  • (3) An individual to whom possession of a firearm(s) is transferred pursuant to this subsection shall only return a firearm(s) to the respondent if the respondent provides court
  • LC005022/SUB A - Page 9of 15 documentation that the extreme risk protection order issued pursuant to this chapter has expired or been withdrawn or terminated, and has not been renewed.
  • (d) The Rhode Island state police are authorized to develop rules and procedures pertaining to the storage and return of firearms seized by or surrendered to the local law enforcement agency or the state police pursuant to the provisions of this chapter or chapter 8.1 of title 8. The state police may consult with the Rhode Island Police Chiefs' Association in developing rules and procedures to effectuate this section.
  • 8-8.3-9. Reporting of orders.
  • (a) The clerk of the court shall enter any one-year extreme risk protection order or temporary extreme risk protection order issued pursuant to this chapter into a statewide judicial information system on the same day such order is issued.
  • (b) The clerk of the court shall forwarda copy of any order issued, renewed or terminated under this chapter the same day such order is issued to the appropriate law enforcement agency specified in the order and the attorney general.
  • (1) Upon receipt of the copy of an extreme risk protection order, the attorney general shall enter the order into:
  • (i) The national instant criminal background check system, also known as the NICS database;
  • (ii) All federal or state computer-based systems and databases used by law enforcement or others to identify prohibited purchasers of firearms; and
  • (iii) All computer-based criminal intelligence information systems and databases available in this state used by law enforcement agencies.
  • (2) The order must remain in each system for the period stated in the order, and the law enforcement agency shall only remove orders from the systems upon notice that they have been terminated or expired. Entry into the computer-based criminal intelligence information system constitutes notice to alllaw enforcement agencies of the existence of the order. The order shallbe fully enforceable in any city or town in the state.
  • (c) The issuing court shall, within three (3) business days after issuance of a one-year extreme risk protection order or temporary extreme risk protection order, forward a copy of the respondent's driver's license, or comparable information, along with the date of order issuance, to the attorney general and the appropriate licensing authority. Upon receipt of the information, the attorney general or the appropriate licensing authority shall determine if the respondent has a concealedcarrypermit. If the respondent does have a concealed carry permit, the attorney general or the appropriate licensing authority shall immediately revoke the license.
  • LC005022/SUB A - Page 10of 15
  • (d) If any extreme risk protection order is terminated before its expiration date, the clerk of the court shall forward, on the same day, a copy of the termination order to the office of the attorney general and the petitioner. Upon receipt of the order, the attorney generalshallpromptly remove the order from any computer-based system into which it was entered pursuant to subsection (b) of this section.
  • 8-8.3-10. Penalties.
  • (a) Any violation of any extreme risk protection order shall subject the violator to being found in contempt of court. The contempt order shall not be exclusive and shallnot preclude any other available civil or criminal remedies.
  • (b) Any violation of an extreme risk protection order issued under this chapter of which the respondent has actual notice shall be a felony and, upon conviction, shall be punished by imprisonment for not more than ten (10) years, or a fine of not more than ten thousand dollars ($10,000), or both.
  • (c) Filing a petition or providing information pursuant to this chapter knowing the information in or for such petition to be materially false, or with intent to harass the respondent, shall be a felony that shall be punished by imprisonment for not more than five (5) years, or a fine of not more than five thousand dollars ($5,000), or both.
  • 8-8.3-11. Liability.
  • Except as provided in §§ 8-8.3-8 and 8-8.3-10, this chapter does not impose criminal or civil liability on a law enforcement agency, law enforcement officer, or the attorney general or a member of that department, for acts or omissions related to obtaining any extreme risk protection order including, but not limited to, reporting, declining to report, investigating, declining to investigate, filing, or declining to file a petition under this chapter.
  • 8-8.3-12. Required notice on orders – Confidentiality of proceedings.
  • (a) Any extreme risk protection order form shall include, in a conspicuous location, notice of penalties resulting from violation of the order, and the following statement: "You have the sole responsibility to avoid or refrain from violating this order's provisions. Only the court can change the order and only upon written application."
  • (b) All filings, petitions, orders, warrants, affidavits, evidence, and any other document filed pursuant to this chapter shall be deemed confidential documents and shall not be available for public inspection or disclosure absent a court order. This section shallnot prohibit the entry of orders into appropriate databases as required pursuant to § 8-8.3-9.
  • 8-8.3-13. Appeal.
  • Any order under this chapter shall remain in effect during the pendency of an appeal to
  • LC005022/SUB A - Page 11of 15 the supreme court unless the order is stayed by a justice of the supreme court.
  • 8-8.3-14. Severability.
  • If any section of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the chapter and the application of the section to other persons or circumstances shall not be affected. The invalidity or unconstitutionality of any section or sections or part of any section or sections of this chapter shall not affect the validity of the remainder of this chapter and to this end the sections of this chapter are severable.
  • SECTION 2. Section 12-5-2 of the General Laws in Chapter 12-5 entitled "Search Warrants"is hereby amended to read as follows:
  • 12-5-2. Grounds for issuance.
  • A warrant may be issued under this chapter to search for and seize any of the following:
  • (1) Property stolen or embezzled, or obtained by any false pretense, or pretenses, with intent to cheat or defraud within this state, or elsewhere;
  • (2) Property kept, suffered to be kept, concealed, deposited, or possessed in violation of law, or for the purpose of violating the law;
  • (3) Property designed or intended for use, or which is or has been used, in violation of law, or as a means of committing a violation of law;
  • (4) Property which is evidence of the commission of a crime; or
  • (5) Samples of blood, saliva, hair, bodily tissues, bodily fluids, or dental impressions from the body of a person, that may yield evidence of the identity of the perpetrator of a crime when subjected to scientific or other forensic analysis. The foregoing samples, and the results of any scientific or other forensic analysis, shall be admissible in all criminal proceedings, subject to application of the rules of evidence and criminal procedure. When any of the foregoing samples are seized for scientific or forensic analysis, the seizure shallbe conducted in accordance with the regulations, guidelines, or protocols of the department of health or the state crime laboratory, as may be appropriate under the circumstances; or
  • (6) Samples of blood or breath that may yield evidence of the presence of alcohol or a controlled substance when subjected to a chemical test, as contemplated in § 31-27-2. When any of the foregoing samples are seized for purposes of performing the aforementioned chemicaltest, the seizure shall be conducted in accordance with the regulations of the department of health that apply to the consensual collection of such a sample for purposes of the chemical test contemplated by Rhode Island generallaws § 31-27-2; or
  • (7) Property of a respondent under chapter 8.3 of title 8 where firearms may be under the
  • LC005022/SUB A - Page 12of 15 l of the respondent. LC005022/SUB A - Page 13of 15
  • SECTION 3. This act shalltake effect upon passage. ======== LC005022/SUB A ========
  • LC005022/SUB A - Page 14of 15
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO COURTS AND CIVIL PROCEDURE–COURTS – EXTREME RISK
  • PROTECTION ORDERS – CRIMINAL OFFENSES – WEAPONS
  • ***
  • This act would establish a new chapter 8-8.3, entitled "Extreme Risk Protection Orders." Under this new chapter, the superior court would have authority to issue "extreme risk protection orders" when the court finds that a respondent named in a petition poses a significant danger of causing imminent personal injury to self or others by having a firearm in their custody or control, or by purchasing, possessing, or receiving, a firearm. The petition would be filed by a law enforcement agency. The act would also provide that a person subject to an extreme risk protection order must surrender allfirearms and carry permits while subject to such an order. The act would also authorize the court to issue a search warrant to seize the respondent's firearms and concealed carry permits.
  • This act would take effect upon passage.
  • ========
  • LC005022
  • LC005022/SUB A
  • ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO COURTS AND CIVIL PROCEDURE–COURTS – EXTREME RISK
  • PROTECTION ORDERS – CRIMINAL OFFENSES – WEAPONS
  • ***
  • This act would provide the superior courts with authority to issue "extreme risk protection orders" when the court finds the subject of the order is an imminent danger to cause personal injury to self or others by having access to a firearm. The act would also provide that a person subject to an extreme risk protection order surrender all firearms and carry permits while subject to such an order.
  • This act would take effect upon passage. ======== LC005022 ========
  • LC005022/SUB A - Page 15of 15

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage

May 24, 2018 at 4:59pm
Yeas: 33 / Nays: 1 / Not voting: 3 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Cano Y
Sen. Ciccone NV
Sen. Conley Y
Sen. Cote Y
Sen. Coyne NV
Sen. Crowley Y
Sen. DaPonte NV
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan N
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y

Floor vote for PASSAGE IN CONCURRENCE

May 31, 2018 at 4:44pm
Yeas: 63 / Nays: 8 / Not voting: 4 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario NV
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale N
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi N
Rep. Fogarty Y
Rep. Giarrusso N
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan N
Rep. Morin Y
Rep. Nardolillo N
Rep. Newberry N
Rep. Nunes NV
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez NV
Rep. Phillips Y
Rep. Price N
Rep. Quattrocchi NV
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts N
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y