House
File
654
H-1244
Amend
the
amendment,
H-1206,
to
House
File
654,
as
follows:
1
1.
Page
9,
after
line
24
by
inserting:
2
<
DIVISION
___
3
EXTREME
RISK
PROTECTIVE
ORDERS
4
Sec.
___.
Section
664A.1,
subsection
2,
Code
2023,
is
5
amended
to
read
as
follows:
6
2.
a.
“Protective
order”
means
a
protective
order
issued
7
pursuant
to
chapter
232
,
a
court
order
or
court-approved
8
consent
agreement
entered
pursuant
to
this
chapter
or
chapter
9
235F
,
a
court
order
or
court-approved
consent
agreement
entered
10
pursuant
to
chapter
236
or
236A
,
including
a
valid
foreign
11
protective
order
under
section
236.19,
subsection
3
,
or
section
12
236A.19,
subsection
3
,
a
temporary
or
permanent
protective
13
order
or
order
to
vacate
the
homestead
under
chapter
598
,
or
an
14
order
that
establishes
conditions
of
release
or
is
a
protective
15
order
or
sentencing
order
in
a
criminal
prosecution
arising
16
from
a
domestic
abuse
assault
under
section
708.2A
or
older
17
individual
assault
under
section
708.2D
,
or
a
civil
injunction
18
issued
pursuant
to
section
915.22
.
19
b.
“Protective
order”
does
not
include
a
protective
order
20
issued
pursuant
to
chapter
664B.
21
Sec.
___.
NEW
SECTION
.
664B.1
Definitions.
22
As
used
in
this
chapter
unless
the
context
otherwise
23
requires:
24
1.
“Affidavit”
means
a
written
declaration
or
statement
of
25
fact
made
under
oath,
or
legally
sufficient
affirmation,
before
26
any
person
authorized
to
administer
oaths
within
or
without
the
27
state.
28
2.
“Family
member”
means
a
spouse,
person
cohabiting,
a
29
parent,
or
other
person
related
by
consanguinity
or
affinity.
30
3.
“Firearm”
includes
ammunition
and
any
offensive
weapon.
31
4.
“Intimate
relationship”
means
the
same
as
defined
in
32
section
235E.1.
33
5.
“Plaintiff”
means
a
family
member,
a
person
with
whom
the
34
respondent
is
having
an
intimate
relationship
with,
or
a
peace
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#1.
officer
who
files
a
petition
under
this
chapter.
1
6.
“Possession”
includes
ownership,
custody,
or
control.
2
7.
“Respondent”
means
a
person
against
whom
a
protective
3
order
is
filed
under
this
chapter.
4
Sec.
___.
NEW
SECTION
.
664B.2
Extreme
risk
protective
order
5
——
petition.
6
1.
A
plaintiff
may
file
a
petition
in
the
district
court
7
requesting
an
extreme
risk
protective
order.
Venue
shall
lie
8
in
the
county
where
either
party
resides.
The
petition
shall
9
contain
all
of
the
following:
10
a.
Name
of
the
plaintiff
and
the
name
and
address
of
the
11
plaintiff’s
attorney,
if
any.
If
the
plaintiff
is
proceeding
12
pro
se,
the
petition
shall
state
a
mailing
address
for
the
13
plaintiff.
A
mailing
address
may
be
provided
by
the
plaintiff
14
pursuant
to
section
664B.6.
15
b.
A
statement
of
facts
alleging
the
respondent
presents
16
a
significant
danger
to
the
respondent’s
self
or
others
by
17
possessing,
shipping,
transporting,
or
receiving
firearms
18
accompanied
by
an
affidavit
stating
the
specific
statements,
19
actions,
or
facts
that
give
rise
to
the
reasons
the
respondent
20
presents
a
significant
danger
to
the
respondent’s
self
or
21
others
by
possessing,
shipping,
transporting,
or
receiving
22
firearms.
23
c.
The
location,
type,
and
number
of
firearms
the
plaintiff
24
believes
are
possessed
by
the
respondent.
25
d.
Whether
the
respondent
is
subject
to
a
current
protective
26
order
or
a
no-contact
order.
27
e.
Whether
any
legal
proceeding
is
pending
between
the
28
plaintiff
and
respondent,
and
if
so,
the
nature
of
the
legal
29
proceeding.
30
f.
Desired
relief,
including
a
request
for
temporary
or
31
emergency
orders.
32
2.
The
filing
fee
and
court
costs
for
an
extreme
risk
33
protective
order
shall
be
waived
for
the
plaintiff.
34
3.
The
clerk
of
the
district
court,
the
sheriff
of
any
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county
in
this
state,
or
any
peace
officer,
or
corrections
1
officer
shall
perform
their
duties
relating
to
service
of
2
process
without
charge
to
the
plaintiff.
When
an
order
for
3
an
extreme
risk
protective
order
is
entered
by
the
court,
the
4
court
may
direct
the
respondent
to
pay
to
the
clerk
of
court
5
the
fees
for
the
filing
of
the
petition
and
reasonable
costs
of
6
service
of
process
if
the
court
determines
the
respondent
has
7
the
ability
to
pay
the
plaintiff’s
fees
and
costs.
In
lieu
of
8
personal
service
of
a
protective
order
issued
pursuant
to
this
9
section,
the
sheriff
of
any
county
in
this
state,
and
other
law
10
enforcement
and
corrections
officers
may
serve
a
respondent
11
with
a
short-form
notification
pursuant
to
section
664B.3.
12
Sec.
___.
NEW
SECTION
.
664B.3
Short-form
notification.
13
1.
In
lieu
of
personal
service
of
an
extreme
risk
protective
14
order
or
an
emergency
extreme
risk
protective
order
on
a
15
respondent
whose
firearms
are
to
be
surrendered
by
such
an
16
order,
a
sheriff
of
any
county
in
this
state
or
any
peace
17
officer
or
corrections
officer
in
this
state
may
serve
the
18
respondent
with
a
short-form
notification
pursuant
to
this
19
section
to
effectuate
service
of
an
unserved
order.
20
2.
Service
of
a
short-form
notification
under
this
section
21
shall
be
allowed
during
traffic
stops
and
other
contacts
with
22
the
respondent
by
a
sheriff,
peace
officer,
or
corrections
23
officer
in
this
state
in
the
course
of
performing
official
24
duties.
The
respondent
may
be
detained
for
a
reasonable
period
25
of
time
to
complete
the
short-form
notification
process.
26
3.
When
the
short-form
notification
process
is
complete,
27
the
sheriff,
peace
officer,
or
corrections
officer
serving
the
28
notification
shall
file
a
copy
of
the
notification
with
the
29
clerk
of
the
district
court.
The
filing
shall
indicate
the
30
date
and
time
the
notification
was
served
on
the
respondent.
31
4.
The
short-form
notification
shall
be
on
a
form
32
prescribed
by
the
state
court
administrator.
The
state
court
33
administrator
shall
prescribe
rules
relating
to
the
content
34
and
distribution
of
the
form
to
appropriate
law
enforcement
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agencies
in
this
state.
The
form
shall
include
but
not
be
1
limited
to
all
of
the
following
statements:
2
a.
The
respondent
shall
immediately
surrender
all
firearms
3
in
the
respondent’s
possession
and
any
permit
to
carry
weapons
4
or
permit
to
acquire
in
the
possession
of
the
respondent.
5
b.
The
respondent
is
responsible
for
obtaining
a
full
copy
6
of
the
extreme
risk
protective
order
or
emergency
extreme
risk
7
protective
order
from
the
county
sheriff
of
the
county
in
which
8
the
order
was
entered
or
from
the
clerk
of
the
district
court.
9
c.
The
terms
and
conditions
of
the
extreme
risk
protective
10
order
or
emergency
extreme
risk
protective
order
are
11
enforceable,
and
the
respondent
is
subject
to
arrest
for
12
violating
the
protective
order.
13
Sec.
___.
NEW
SECTION
.
664B.4
Plaintiffs
proceeding
pro
se
14
——
provision
of
forms
and
assistance.
15
1.
The
department
of
justice
shall
prescribe
standard
forms
16
to
be
used
by
a
plaintiff
proceeding
pro
se
when
filing
a
17
petition
under
this
chapter.
The
standard
forms
shall
include
18
language
in
fourteen
point
boldface
type.
Standard
forms
19
prescribed
by
the
department
shall
be
the
exclusive
forms
used
20
by
a
plaintiff
proceeding
pro
se,
and
may
be
used
by
other
21
plaintiffs.
The
department
shall
distribute
the
forms
to
the
22
clerks
of
the
district
courts.
23
2.
The
clerk
of
the
district
court
shall
furnish
the
24
required
forms
to
plaintiffs
seeking
an
extreme
risk
protective
25
order
through
pro
se
proceedings
pursuant
to
this
chapter.
26
Sec.
___.
NEW
SECTION
.
664B.5
Assistance
by
county
27
attorney.
28
A
county
attorney’s
office
may
provide
assistance
to
a
29
plaintiff
wishing
to
initiate
proceedings
pursuant
to
this
30
chapter
or
to
a
plaintiff
at
any
stage
of
a
proceeding
under
31
this
chapter,
if
the
plaintiff
does
not
have
sufficient
funds
32
to
pay
for
legal
assistance
and
if
the
assistance
does
not
33
create
a
conflict
of
interest
for
the
county
attorney’s
office.
34
The
assistance
provided
may
include
but
is
not
limited
to
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assistance
in
obtaining
or
completing
forms,
filing
a
petition
1
or
other
necessary
pleading,
presenting
evidence
to
the
court,
2
and
enforcing
the
orders
of
the
court
entered
pursuant
to
this
3
chapter.
Providing
assistance
pursuant
to
this
section
shall
4
not
be
considered
the
private
practice
of
law
for
the
purposes
5
of
section
331.752.
6
Sec.
___.
NEW
SECTION
.
664B.6
Plaintiff’s
address
——
7
confidentiality
of
records.
8
1.
A
plaintiff
may
use
any
of
the
following
addresses
as
a
9
mailing
address
for
purposes
of
filing
a
petition
under
this
10
chapter:
11
a.
The
mailing
address
of
a
shelter
or
other
agency.
12
b.
A
public
or
private
post
office
box.
13
c.
Any
other
mailing
address,
with
the
permission
of
the
14
resident
of
that
address.
15
2.
A
plaintiff
shall
report
any
change
of
address,
whether
16
designated
according
to
subsection
1
or
otherwise,
to
the
clerk
17
of
the
district
court
no
more
than
five
days
after
the
previous
18
address
on
record
becomes
invalid.
19
3.
The
entire
file
or
a
portion
of
the
file
under
this
20
chapter
shall
be
sealed
by
the
clerk
of
the
district
court
as
21
ordered
by
the
court
to
protect
the
privacy
interest
or
safety
22
of
any
person.
23
4.
Notwithstanding
subsection
3,
court
orders
shall
remain
24
public
records,
although
the
court
may
order
that
address
and
25
location
information
be
redacted
from
the
public
records.
26
Sec.
___.
NEW
SECTION
.
664B.7
Hearing.
27
1.
Not
less
than
five
and
not
more
than
fifteen
days
after
28
commencing
a
proceeding
and
upon
notice
to
the
other
party,
29
a
hearing
shall
be
held
at
which
the
plaintiff
must
prove
by
30
a
preponderance
of
the
evidence
that
the
respondent
presents
31
a
significant
danger
to
the
respondent’s
self
or
others
by
32
possessing,
shipping,
transporting,
or
receiving
firearms.
33
2.
Upon
hearing,
if
the
court
finds
by
a
preponderance
of
34
the
evidence
that
the
respondent
poses
a
significant
danger
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to
the
respondent’s
self
or
others
by
possessing,
shipping,
1
transporting,
or
receiving
firearms,
the
court
shall
issue
an
2
extreme
risk
protective
order
for
a
period
of
one
year.
3
3.
In
determining
whether
grounds
for
an
extreme
risk
4
protective
order
exist,
the
court
may
consider
any
relevant
5
evidence
including
but
not
limited
to
the
following:
6
a.
A
recent
act
or
threat
of
violence
by
the
respondent
7
against
the
respondent’s
self
or
others,
and
whether
such
8
violence
or
threat
involves
a
firearm.
9
b.
A
pattern
of
acts
or
threats
of
violence
against
the
10
respondent’s
self
or
others
within
the
preceding
twelve
months
11
of
the
filing
of
the
petition.
12
c.
Any
serious
mental
impairment
of
the
respondent.
13
d.
Any
violation
of
a
no-contact
order
issued
for
violations
14
or
alleged
violations
of
sections
708.2A,
708.7,
708.11,
709.2,
15
709.3,
and
709.4,
and
any
other
public
offense
for
which
there
16
is
a
victim.
17
e.
Any
violation
of
a
protective
order
issued
in
a
civil
18
proceeding
under
chapter
232,
235F,
236,
236A,
598,
or
915.
19
f.
The
issuance
of
a
previous
extreme
risk
protective
order
20
against
the
respondent
under
this
chapter.
21
g.
A
violation
of
a
previous
extreme
risk
protective
order
22
issued
against
the
respondent
under
this
chapter.
23
h.
A
conviction
of
the
respondent
for
a
crime
that
24
constitutes
domestic
abuse
assault
in
violation
of
section
25
708.2A.
26
i.
The
possession
of
or
access
to
a
firearm,
or
the
intent
27
to
possess
a
firearm
by
the
respondent.
28
j.
The
unlawful
or
reckless
use,
display,
or
brandishing
of
29
a
firearm
by
the
respondent.
30
k.
Any
history
of
use,
attempted
use,
or
threatened
use
of
31
physical
force
by
the
respondent
against
another
person,
or
the
32
respondent’s
history
of
stalking
or
harassing
another
person.
33
l.
Any
prior
arrest
of
the
respondent
for
a
felony
offense
34
or
violent
crime.
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m.
Evidence
of
abuse
of
a
controlled
substance
or
alcohol
1
by
the
respondent.
2
n.
Evidence
of
recent
acquisition
of
a
firearm
by
the
3
respondent.
4
4.
The
court
may:
5
a.
Examine
under
oath
the
plaintiff,
the
respondent,
and
6
any
witnesses
that
the
plaintiff
or
respondent
produces,
or
7
in
lieu
of
examination,
consider
affidavits
of
the
plaintiff,
8
the
respondent,
or
any
witnesses
the
plaintiff
or
respondent
9
produces.
10
b.
Ensure
that
a
reasonable
search
has
been
conducted
for
11
criminal
history
records
relating
to
the
respondent.
12
5.
During
the
hearing,
the
court
may
order
a
substance
abuse
13
evaluation.
14
6.
An
extreme
risk
protective
order
shall
include
all
of
the
15
following:
16
a.
A
statement
of
the
grounds
supporting
the
issuance
of
the
17
order.
18
b.
The
date
and
time
the
order
was
issued.
19
c.
The
date
and
time
the
order
expires.
20
d.
Whether
a
substance
abuse
evaluation
is
required.
21
e.
Whether
a
responsive
pleading
may
be
filed.
22
f.
A
description
of
the
firearms
to
be
surrendered.
23
g.
An
extreme
risk
protective
order
shall
contain
the
24
following
statement
in
substantially
the
same
form:
25
To
the
subject
of
this
protective
order:
This
order
remains
26
effective
until
the
date
and
time
noted
above.
If
you
have
not
27
done
so
already,
you
must
surrender
to
the
(insert
the
name
of
28
a
local
law
enforcement
agency
with
jurisdiction)
all
firearms
29
in
your
possession,
custody,
or
control
and
surrender
any
30
permit
to
carry
weapons
or
permit
to
acquire
in
your
possession
31
to
such
agency.
You
shall
not
have
in
your
possession
a
32
firearm,
or
ship,
transport,
or
receive,
or
attempt
to
ship,
33
transport,
or
receive
such
a
firearm
while
this
order
is
in
34
effect.
You
have
the
right
to
request
one
hearing
to
terminate
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this
order
during
each
twelve-month
period
that
this
order
is
1
in
effect,
starting
from
the
date
of
this
order
and
continuing
2
through
any
extension
of
the
order.
If
the
order
requires
3
a
substance
abuse
evaluation,
you
must
first
obtain
such
4
evaluation
and
disclose
the
results
of
the
evaluation
to
the
5
court
prior
to
requesting
a
hearing.
6
7.
If
a
hearing
is
continued,
the
court
may
make
or
extend
7
any
order
issued
under
subsection
2
that
it
deems
necessary.
8
8.
Upon
the
application
of
a
party,
the
court
shall
issue
9
subpoenas
requiring
attendance
and
testimony
of
witnesses
and
10
production
of
papers.
11
9.
The
court
shall
advise
the
respondent
of
a
right
to
be
12
represented
by
counsel
of
the
respondent’s
choosing
and
to
have
13
a
continuance
to
secure
counsel.
14
10.
If
applicable,
the
court
shall
determine
whether
the
15
respondent
has
had
sufficient
opportunity
to
surrender
the
16
respondent’s
firearms
after
service
of
an
emergency
extreme
17
risk
protective
order
issued
under
section
664B.8.
18
11.
Hearings
shall
be
recorded.
19
Sec.
___.
NEW
SECTION
.
664B.8
Emergency
extreme
risk
20
protective
order.
21
1.
A
plaintiff
may
request
that
an
emergency
extreme
risk
22
protective
order
be
issued
before
a
hearing
for
an
extreme
23
risk
protective
order
under
section
664B.7,
without
notice
24
to
the
respondent,
by
including
in
the
petition
detailed
25
allegations
based
on
personal
knowledge
that
the
respondent
26
poses
a
significant
danger
to
the
respondent’s
self
or
others,
27
in
the
near
future,
by
possessing,
shipping,
transporting,
or
28
receiving
firearms.
29
2.
In
considering
whether
to
issue
an
emergency
extreme
risk
30
protective
order
under
this
section,
the
court
shall
consider
31
all
relevant
evidence
described
in
section
664B.7,
subsection
32
3.
33
3.
If
the
court
finds
there
is
good
cause
to
believe
that
34
the
respondent
poses
a
significant
danger
to
the
respondent’s
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self
or
others,
in
the
near
future,
by
possessing,
shipping,
1
transporting,
or
receiving
firearms,
the
court
shall
issue
an
2
emergency
extreme
risk
protective
order.
3
4.
The
court
shall
hold
an
emergency
extreme
risk
protective
4
order
hearing
in
person
or
by
telephone
on
the
day
the
petition
5
is
filed.
6
5.
When
the
court
is
unavailable
from
the
close
of
business
7
at
the
end
of
the
day
or
week
to
the
resumption
of
business
8
at
the
beginning
of
the
day
or
week,
a
petition
may
be
filed
9
before
a
district
judge,
or
district
associate
judge
designated
10
by
the
chief
judge
of
the
judicial
district,
who
may
grant
11
emergency
relief
under
this
section,
if
the
district
judge
12
or
district
associate
judge
finds
there
is
good
cause
to
13
believe
that
the
respondent
poses
a
significant
danger
to
the
14
respondent’s
self
or
others,
in
the
near
future,
by
possessing,
15
shipping,
transporting,
or
receiving
firearms.
16
6.
An
emergency
extreme
risk
protective
order
shall
include
17
the
following:
18
a.
A
statement
of
the
grounds
supporting
the
issuance
of
the
19
order.
20
b.
The
date
and
time
the
order
was
issued.
21
c.
The
date
and
time
the
order
expires.
22
d.
Whether
a
responsive
pleading
may
be
filed.
23
e.
A
description
of
the
firearms
to
be
surrendered.
24
f.
The
date
and
time
of
the
scheduled
hearing.
25
g.
An
emergency
extreme
risk
protective
order
shall
contain
26
the
following
statement
in
substantially
the
same
form:
27
To
the
subject
of
this
protective
order:
This
order
remains
28
effective
until
the
date
and
time
noted
above.
If
you
have
not
29
done
so
already,
you
must
immediately
surrender
to
the
(insert
30
the
name
of
a
local
law
enforcement
agency
with
jurisdiction)
31
all
firearms
in
your
possession,
custody,
or
control,
and
32
surrender
any
permit
to
carry
weapons
or
permit
to
acquire
33
in
your
possession
to
such
agency.
You
shall
not
have
in
34
your
possession
a
firearm,
or
ship,
transport,
or
receive,
or
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attempt
to
ship,
transport,
or
receive
such
a
firearm
while
1
this
order
is
in
effect.
A
hearing
will
be
held
on
the
date
2
and
time
noted
above
to
determine
if
an
extreme
risk
protective
3
order
shall
be
issued.
Failure
to
appear
at
that
hearing
may
4
result
in
a
court
entering
an
extreme
risk
protective
order
5
against
you
that
is
valid
for
a
period
of
one
year.
You
may
6
seek
the
advice
of
an
attorney
as
to
any
matter
connected
with
7
this
order.
8
7.
An
emergency
extreme
risk
protective
order
issued
under
9
this
section
shall
expire
upon
the
issuance
of
an
extreme
10
risk
protective
order
under
section
664B.7
or
if
the
court
11
determines
at
a
hearing
on
the
petition
for
an
extreme
risk
12
protective
order
under
section
664B.7
that
the
plaintiff
13
has
not
proven
by
a
preponderance
of
the
evidence
that
the
14
respondent
presents
a
significant
danger
to
the
respondent’s
15
self
or
others
by
possessing,
shipping,
transporting,
or
16
receiving
firearms.
17
8.
An
emergency
extreme
risk
protective
order
shall
be
18
served
by
the
sheriff
of
any
county
in
this
state,
a
peace
19
officer,
or
a
corrections
officer
in
the
same
manner
provided
20
in
section
664B.2
for
the
service
of
the
notice
and
petition,
21
and
shall
be
served
concurrently
with
such
notice
of
hearing
22
and
petition,
if
possible.
Alternatively,
an
emergency
23
extreme
risk
protective
order
may
be
served
using
short-form
24
notification
pursuant
to
section
664B.3,
and
shall
be
served
25
concurrently
with
the
notice
of
hearing
and
petition,
if
26
possible.
27
Sec.
___.
NEW
SECTION
.
664B.9
Notice
of
extreme
risk
28
protective
order
or
emergency
extreme
risk
protective
order.
29
1.
The
clerk
of
the
district
court
or
other
person
30
designated
by
the
court
shall
provide
a
copy
of
the
extreme
31
risk
protective
order
or
the
emergency
extreme
risk
protective
32
order
to
the
plaintiff.
33
2.
The
clerk
of
the
district
court
shall
provide
a
notice
34
and
copy
of
the
protective
order
to
the
appropriate
law
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enforcement
agencies
and
the
twenty-four-hour
dispatcher
for
1
the
law
enforcement
agencies
in
the
same
manner
as
provided
in
2
section
235F.6,
236.5,
or
236A.7,
as
applicable.
The
clerk
3
of
the
district
court
shall
provide
a
notice
and
copy
of
a
4
termination
or
extension
of
the
protective
order
in
the
same
5
manner.
6
Sec.
___.
NEW
SECTION
.
664B.10
Termination
or
extension
of
7
order.
8
1.
The
respondent
may
request
a
hearing
to
terminate
9
an
extreme
risk
protective
order
issued
under
this
chapter
10
during
the
twelve-month
period
that
the
order
is
in
effect,
11
starting
from
the
date
of
the
order
and
continuing
through
any
12
extensions.
13
a.
Upon
receipt
of
a
request
for
a
hearing
to
terminate
14
an
extreme
risk
protective
order,
the
court
shall
set
a
date
15
for
a
hearing.
Notice
of
the
request
shall
be
served
on
the
16
plaintiff.
The
hearing
shall
occur
no
sooner
than
fourteen
17
days
and
no
later
than
thirty
days
from
the
date
of
service
of
18
the
request
upon
the
plaintiff.
19
b.
The
respondent
shall
have
the
burden
of
proving
by
a
20
preponderance
of
the
evidence
that
the
respondent
does
not
pose
21
a
significant
danger
to
the
respondent’s
self
or
others
by
22
possessing,
shipping,
transporting,
or
receiving
firearms.
23
c.
If
the
court
finds
after
the
hearing
that
the
respondent
24
has
met
the
burden
of
proof,
the
court
shall
terminate
the
25
extreme
risk
protective
order.
26
2.
A
family
member
may,
by
motion,
request
an
extension
27
of
an
extreme
risk
protective
order
within
ninety
days
of
the
28
expiration
of
the
order.
29
a.
Upon
receipt
of
a
motion
to
extend
an
extreme
risk
30
protective
order,
the
court
shall
order
the
hearing
be
held
no
31
earlier
than
fourteen
days
from
the
date
of
the
motion.
32
b.
In
considering
whether
to
extend
the
extreme
risk
33
protective
order
under
this
section,
the
court
shall
consider
34
all
relevant
evidence
described
in
section
664B.7,
subsection
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3.
1
c.
If
the
court
finds
by
a
preponderance
of
the
evidence
2
that
the
requirements
for
issuance
of
an
extreme
risk
3
protective
order
continue
to
be
met,
the
court
shall
extend
4
the
order.
However,
if,
after
notice,
the
motion
to
extend
is
5
uncontested
and
the
plaintiff
does
not
seek
a
modification
of
6
the
existing
order,
the
order
may
be
extended
on
the
basis
of
7
the
plaintiff’s
motion
or
affidavit
stating
that
there
has
been
8
no
material
change
in
relevant
circumstances
since
entry
of
the
9
protective
order.
10
Sec.
___.
NEW
SECTION
.
664B.11
Firearms
and
firearm
permits
11
——
surrender.
12
1.
Upon
the
issuance
of
an
extreme
risk
protective
order
13
or
an
emergency
extreme
risk
protective
order,
the
court
shall
14
order
the
respondent
to
immediately
surrender
to
the
law
15
enforcement
agency
named
in
the
protective
order,
all
firearms
16
possessed
by
the
respondent
and
any
permit
to
carry
weapons
17
or
permit
to
acquire
possessed
by
the
respondent,
within
18
forty-eight
hours
of
service
of
the
order
or
within
forty-eight
19
hours
of
a
hearing
held
pursuant
to
section
664B.7
at
which
the
20
respondent
was
present
and
an
order
was
subsequently
issued.
21
2.
At
the
time
of
surrendering
any
firearms,
a
law
22
enforcement
officer
taking
possession
of
any
firearms
23
shall
issue
a
receipt
identifying
all
firearms
that
have
24
been
surrendered
and
provide
a
copy
of
the
receipt
to
the
25
respondent.
Within
seventy-two
hours
after
service
of
the
26
order
the
law
enforcement
officer
serving
the
order
shall
file
27
the
original
receipt
with
the
court
and
shall
ensure
that
the
28
law
enforcement
agency
retains
a
copy
of
the
receipt.
29
3.
Upon
a
sworn
statement
or
testimony
of
the
plaintiff
or
30
of
any
law
enforcement
officer
alleging
that
the
respondent
has
31
failed
to
comply
with
the
surrender
of
firearms
and
permits
32
as
required
by
any
order
issued
under
this
section,
the
court
33
shall
determine
whether
probable
cause
exists
to
believe
that
34
the
respondent
has
failed
to
surrender
all
firearms
or
permits
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in
the
possession
of
the
respondent.
If
probable
cause
exists,
1
the
court
shall
issue
a
search
warrant
describing
the
firearms
2
and
authorizing
a
search
of
the
locations
where
the
firearms
3
are
reasonably
believed
to
be
and
the
seizure
of
any
firearms
4
discovered
in
the
search.
5
4.
If
a
person
other
than
the
respondent
claims
to
own
6
any
of
the
firearms
seized
or
surrendered
pursuant
to
this
7
chapter,
and
the
law
enforcement
agency
where
the
firearms
are
8
stored
determines
that
person
to
be
the
lawful
owner
of
the
9
firearms,
the
firearms
shall
be
returned
to
the
lawful
owner
if
10
the
lawful
owner
agrees
to
store
the
firearms
in
such
a
manner
11
that
prevents
the
respondent
from
having
access
to
the
firearms
12
during
the
time
an
extreme
risk
protective
order
or
emergency
13
extreme
risk
protective
order
is
in
effect.
14
Sec.
___.
NEW
SECTION
.
664B.12
Firearm
surrender
——
15
hearing.
16
Upon
the
issuance
of
an
extreme
risk
protective
order,
the
17
court
shall
order
a
new
hearing
within
three
business
days
18
of
the
issuance
of
the
order
that
requires
the
respondent
19
to
provide
evidence
to
the
court
that
the
respondent
has
20
surrendered
any
firearms
in
the
possession
of
the
respondent.
21
The
court
may
dismiss
the
hearing
upon
a
satisfactory
showing
22
the
respondent
has
complied
with
the
order.
23
Sec.
___.
NEW
SECTION
.
664B.13
Firearms
——
storage.
24
All
law
enforcement
agencies
shall
develop
policies
and
25
procedures
by
June
1,
2022,
regarding
the
acceptance,
storage,
26
and
return
of
firearms
surrendered
to
a
law
enforcement
agency
27
under
this
chapter.
28
Sec.
___.
NEW
SECTION
.
664B.14
Return
of
firearms
and
29
unclaimed
firearms.
30
1.
If
an
extreme
risk
protective
order
is
terminated
or
31
expires
without
an
extension,
the
law
enforcement
agency
in
32
possession
of
any
firearms
surrendered
by
a
respondent
shall
33
return
any
such
firearms
upon
request
of
the
respondent,
34
provided
the
respondent
is
eligible
to
possess
a
firearm.
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2.
Notwithstanding
section
809.21,
for
firearms
that
remain
1
unclaimed
by
the
lawful
owner,
the
firearms
shall
be
destroyed
2
pursuant
to
661
IAC
95.8.
3
Sec.
___.
NEW
SECTION
.
664B.15
Penalties.
4
1.
A
person
who
files
a
petition
under
this
chapter
knowing
5
the
information
in
the
petition
to
be
materially
false
commits
6
a
serious
misdemeanor.
7
2.
A
respondent
who
possesses
a
firearm,
or
who
ships,
8
transports,
or
receives,
or
attempts
to
ship,
transport,
or
9
receive
a
firearm
while
an
extreme
risk
protective
order
or
10
emergency
extreme
risk
protective
order
is
in
effect
commits
an
11
aggravated
misdemeanor.
12
3.
A
person
who
claims
ownership
of
a
firearm
pursuant
to
13
section
664B.11,
subsection
4,
who
agrees
to
store
the
firearm
14
in
such
a
manner
that
prevents
a
respondent
from
having
access
15
to
the
firearm
commits
a
serious
misdemeanor
if
the
respondent
16
is
later
found
to
have
access
to
the
firearm
that
is
subject
17
to
the
agreement
while
an
extreme
risk
protective
order
is
in
18
effect.
19
4.
A
respondent
who
violates
subsection
2
shall
be
20
prohibited
from
possessing,
shipping,
transporting,
or
21
receiving
a
firearm
for
a
period
of
five
years
from
the
date
of
22
the
conviction.
23
Sec.
___.
Section
724.8,
Code
2023,
is
amended
by
adding
the
24
following
new
subsections:
25
NEW
SUBSECTION
.
7.
Is
subject
to
an
extreme
risk
protective
26
order
or
an
emergency
extreme
risk
protective
order
issued
27
under
chapter
664B.
28
NEW
SUBSECTION
.
8.
Has
been
convicted
of
a
violation
of
29
section
664B.15,
subsection
2,
within
the
previous
five
years.
30
Sec.
___.
Section
724.15,
subsection
2,
Code
2023,
is
31
amended
by
adding
the
following
new
paragraphs:
32
NEW
PARAGRAPH
.
f.
Is
subject
to
an
extreme
risk
protective
33
order
or
an
emergency
extreme
risk
protective
order
issued
34
under
chapter
664B.
35
-14-
H
1206.1700
(3)
90
js/rh
14/
15
NEW
PARAGRAPH
.
g.
Has
been
convicted
of
a
violation
of
1
section
664B.15,
subsection
2,
within
the
previous
five
years.
2
Sec.
___.
Section
724.26,
subsection
2,
paragraph
a,
Code
3
2023,
is
amended
to
read
as
follows:
4
a.
Except
as
provided
in
paragraph
“b”
,
a
person
who
is
5
subject
to
a
protective
order
under
18
U.S.C.
§922(g)(8)
or
who
6
has
been
convicted
of
a
misdemeanor
crime
of
domestic
violence
7
under
18
U.S.C.
§922(g)(9)
and
who
knowingly
possesses,
8
ships,
transports,
or
receives
a
firearm,
offensive
weapon,
or
9
ammunition
and
who
is
any
of
the
following
is
guilty
of
a
class
10
“D”
felony
.
:
11
(1)
Is
subject
to
a
protective
order
under
18
U.S.C.
12
§922(g)(8).
13
(2)
Has
been
convicted
of
a
misdemeanor
crime
of
domestic
14
violence
under
18
U.S.C.
§922(g)(9).
15
(3)
Is
subject
to
an
extreme
risk
protective
order
under
16
chapter
664B.
>
17
___.
Title
page,
line
2,
after
<
locations,
>
by
inserting
18
<
establishing
a
process
for
issuing
extreme
risk
protective
19
orders,
providing
penalties,
>>
20
2.
By
renumbering
as
necessary.
21
______________________________
JAMES
of
Dubuque
-15-
H
1206.1700
(3)
90
js/rh
15/
15
#2.