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House Amendment 4198

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-3832, to Senate File 367, as
  1  2 amended, passed, and reprinted by the Senate, as
  1  3 follows:
  1  4    #1.  Page 3, by inserting after line 27 the
  1  5 following:
  1  6    "Sec.    .  Section 236.12, Code 1995, is amended
  1  7 by adding the following new subsection:
  1  8    NEW SUBSECTION.  2A.  A peace officer shall seize a
  1  9 dangerous weapon displayed or used in an assault when
  1 10 arresting a person under subsection 2, paragraph "d",
  1 11 and, at the request of the victim, any firearms owned
  1 12 or possessed by the person.
  1 13    A firearm or dangerous weapon seized under this
  1 14 subsection shall be returned to the person arrested or
  1 15 the owner if either of the following apply:
  1 16    a.  Not later than thirty days following the arrest
  1 17 or following the filing of a petition by the owner of
  1 18 the firearm or dangerous weapon, or at the time when
  1 19 the firearm or dangerous weapon is no longer needed as
  1 20 evidence in a criminal proceeding related to the
  1 21 arrest, whichever is later.
  1 22    b.  To the person arrested, not later than thirty
  1 23 days following the expiration of the first no-contact
  1 24 order issued against the person arrested following the
  1 25 arrest at which the firearm or dangerous weapon was
  1 26 seized.
  1 27    A dangerous weapon or firearm returned to the
  1 28 person arrested or owner shall not be possessed in the
  1 29 victim's residence without the victim's consent." 
  1 30 
  1 31 
  1 32                              
  1 33 HURLEY of Fayette
  1 34 SF 367.305 76
  1 35 mk/cf
     
Text: H04197                            Text: H04199
Text: H04100 - H04199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index
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