House File 2367 - Introduced HOUSE FILE 2367 BY OLDSON and SUNDE A BILL FOR An Act relating to the creation of an extreme risk protective 1 order against a person in possession of a firearm who 2 presents a significant danger to the person’s self or 3 others, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5668YH (15) 88 js/rh

H.F. 2367 Section 1. Section 664A.1, subsection 2, Code 2020, is 1 amended to read as follows: 2 2. a. “Protective order” means a protective order issued 3 pursuant to chapter 232 , a court order or court-approved 4 consent agreement entered pursuant to this chapter or chapter 5 235F , a court order or court-approved consent agreement entered 6 pursuant to chapter 236 or 236A , including a valid foreign 7 protective order under section 236.19, subsection 3 , or section 8 236A.19, subsection 3 , a temporary or permanent protective 9 order or order to vacate the homestead under chapter 598 , or an 10 order that establishes conditions of release or is a protective 11 order or sentencing order in a criminal prosecution arising 12 from a domestic abuse assault under section 708.2A , or a civil 13 injunction issued pursuant to section 915.22 . 14 b. “Protective order” does not include a protective order 15 issued pursuant to chapter 664B. 16 Sec. 2. NEW SECTION . 664B.1 Definitions. 17 As used in this chapter unless the context otherwise 18 requires: 19 1. “Affidavit” means a written declaration or statement of 20 fact made under oath, or legally sufficient affirmation, before 21 any person authorized to administer oaths within or without the 22 state. 23 2. “Firearm” includes ammunition and any offensive weapon. 24 3. “Plaintiff” means a county attorney or, collectively, two 25 peace officers who file a petition under this chapter. 26 4. “Possession” includes ownership, custody, or control. 27 5. “Respondent” means a person against whom a petition for a 28 protective order is filed under this chapter. 29 Sec. 3. NEW SECTION . 664B.2 Extreme risk protective order 30 —— petition. 31 1. A plaintiff may file a petition in the district court 32 requesting an extreme risk protective order. Venue shall lie 33 in the county where the respondent resides. The petition shall 34 contain all of the following: 35 -1- LSB 5668YH (15) 88 js/rh 1/ 20

H.F. 2367 a. The name of the plaintiff and the name and address of the 1 plaintiff’s attorney, if any. 2 b. The name of the respondent and, if known, the 3 respondent’s address. 4 c. Whether the respondent has a permit to carry weapons and 5 whether the respondent has a criminal record. 6 d. A statement of facts alleging the respondent presents 7 a significant danger to the respondent’s self or others by 8 possessing, shipping, transporting, or receiving firearms 9 accompanied by an affidavit stating the specific statements, 10 actions, or facts that give rise to the reasons the respondent 11 presents a significant danger to the respondent’s self or 12 others by possessing, shipping, transporting, or receiving 13 firearms. 14 e. The location, type, and number of firearms the plaintiff 15 believes are possessed by the respondent. 16 f. Whether the respondent is subject to a current protective 17 order or a no-contact order. 18 g. Whether any legal proceeding is pending between the 19 plaintiff and respondent, and if so, the nature of the legal 20 proceeding. 21 h. Desired relief, including a request for temporary or 22 emergency orders. 23 2. The filing fee and court costs for an extreme risk 24 protective order shall be waived for the plaintiff. 25 3. The clerk of the district court, the sheriff of any 26 county in this state, or any peace officer, or corrections 27 officer shall perform their duties relating to service of 28 process without charge to the plaintiff. In lieu of personal 29 service of a protective order issued pursuant to this section, 30 the sheriff of any county in this state, and other law 31 enforcement and corrections officers may serve a respondent 32 with a short-form notification pursuant to section 664B.3. 33 4. The court shall provide the respondent with a full copy 34 of the petition prior to a hearing. 35 -2- LSB 5668YH (15) 88 js/rh 2/ 20

H.F. 2367 Sec. 4. NEW SECTION . 664B.3 Short-form notification. 1 1. In lieu of personal service of an extreme risk protective 2 order or an emergency extreme risk protective order on a 3 respondent whose firearms are to be surrendered by such an 4 order, a sheriff of any county in this state or any peace 5 officer or corrections officer in this state may serve the 6 respondent with a short-form notification pursuant to this 7 section to effectuate service of an unserved order. 8 2. Service of a short-form notification under this section 9 shall be allowed during traffic stops and other contacts with 10 the respondent by a sheriff, peace officer, or corrections 11 officer in this state in the course of performing official 12 duties. The respondent may be detained for a reasonable period 13 of time to complete the short-form notification process. 14 3. When the short-form notification process is complete, 15 the sheriff, peace officer, or corrections officer serving the 16 notification shall file a copy of the notification with the 17 clerk of the district court. The filing shall indicate the 18 date and time the notification was served on the respondent. 19 4. The short-form notification shall be on a form 20 prescribed by the state court administrator. The state court 21 administrator shall prescribe rules relating to the content 22 and distribution of the form to appropriate law enforcement 23 agencies in this state. The form shall include but not be 24 limited to all of the following statements: 25 a. The respondent shall immediately surrender all firearms 26 in the respondent’s possession and any permit to carry weapons 27 or permit to acquire in the possession of the respondent. 28 b. The county sheriff shall mail a full copy of the extreme 29 risk protective order or emergency extreme risk protective 30 order to the respondent’s last known address. 31 c. The terms and conditions of the extreme risk protective 32 order or emergency extreme risk protective order are 33 enforceable, and the respondent is subject to arrest for 34 violating the protective order. 35 -3- LSB 5668YH (15) 88 js/rh 3/ 20

H.F. 2367 Sec. 5. NEW SECTION . 664B.4 Assistance by county attorney. 1 A county attorney’s office may provide assistance to a 2 plaintiff wishing to initiate proceedings pursuant to this 3 chapter or to a plaintiff at any stage of a proceeding under 4 this chapter, if the assistance does not create a conflict of 5 interest for the county attorney’s office. The assistance 6 provided may include, but is not limited to, assistance in 7 obtaining or completing forms, filing a petition or other 8 necessary pleading, presenting evidence to the court, and 9 enforcing the orders of the court entered pursuant to this 10 chapter. Providing assistance pursuant to this section shall 11 not be considered the private practice of law for the purposes 12 of section 331.752. 13 Sec. 6. NEW SECTION . 664B.5 Hearing. 14 1. Not less than five and not more than seven days after 15 commencing a proceeding and upon notice to the other party, 16 a hearing shall be held at which the plaintiff must prove by 17 clear and convincing evidence that the respondent presents 18 a significant danger to the respondent’s self or others by 19 possessing, shipping, transporting, or receiving firearms. 20 2. Upon hearing, if the court finds by clear and convincing 21 evidence that the respondent poses a significant danger to 22 the respondent’s self or others by possessing, shipping, 23 transporting, or receiving firearms, the court shall issue an 24 extreme risk protective order for a period of up to one year. 25 However, the court shall not issue an extreme risk protective 26 order for an amount of time longer than the minimum amount of 27 time necessary for the danger identified in the hearing to 28 resolve. 29 3. In determining whether grounds for an extreme risk 30 protective order exist, the court may consider any relevant 31 evidence including but not limited to the following: 32 a. A recent act or threat of violence by the respondent 33 against the respondent’s self or others, and whether such 34 violence or threat involves a firearm. 35 -4- LSB 5668YH (15) 88 js/rh 4/ 20

H.F. 2367 b. A pattern of acts or threats of violence against the 1 respondent’s self or others within the preceding twelve months 2 of the filing of the petition. 3 c. Any serious mental impairment of the respondent. 4 d. Within the preceding six years, any violation of a 5 no-contact order by the respondent issued for violations or 6 alleged violations of sections 708.2A, 708.7, 708.11, 709.2, 7 709.3, and 709.4, and any other public offense for which there 8 is a victim. 9 e. Within the preceding six years, any violation of a 10 protective order by the respondent issued in a civil proceeding 11 under chapter 232, 235F, 236, 236A, 598, or 915. 12 f. The issuance of a previous extreme risk protective order 13 against the respondent under this chapter. 14 g. A violation of a previous extreme risk protective order 15 issued against the respondent under this chapter. 16 h. A conviction of the respondent for a crime that 17 constitutes domestic abuse assault in violation of section 18 708.2A. 19 i. The possession of or access to a firearm, or the intent 20 to possess a firearm by the respondent. Any such evidence 21 shall not be a court’s sole reason for issuing an extreme risk 22 protective order. 23 j. The unlawful or reckless use, display, or brandishing of 24 a firearm by the respondent. 25 k. Any history of use, attempted use, or threatened use of 26 physical force by the respondent against another person, or the 27 respondent’s history of stalking or harassing another person. 28 l. Any pending arrest of the respondent for a violent crime. 29 m. Evidence of abuse of a controlled substance or alcohol 30 by the respondent. 31 n. Evidence of recent acquisition of a firearm by the 32 respondent. Any such evidence shall not be a court’s sole 33 reason for issuing an extreme risk protective order. 34 4. The court may: 35 -5- LSB 5668YH (15) 88 js/rh 5/ 20

H.F. 2367 a. Examine under oath the plaintiff, the respondent, and 1 any witnesses that the plaintiff or respondent produces, or 2 in lieu of examination, consider affidavits of the plaintiff, 3 the respondent, or any witnesses the plaintiff or respondent 4 produces. 5 b. Ensure that a reasonable search has been conducted for 6 criminal history records relating to the respondent. 7 5. During the hearing, the court may order a substance abuse 8 evaluation. 9 6. An extreme risk protective order shall include all of the 10 following: 11 a. (1) A statement that the plaintiff has proven by clear 12 and convincing evidence that the respondent poses a significant 13 danger to the respondent’s self or others based on the evidence 14 identified in the list required pursuant to subparagraph (2). 15 (2) A list of evidence the court considered in finding that 16 the respondent poses a significant danger to the respondent’s 17 self or others. 18 b. The date and time the order was issued. 19 c. The date and time the order expires. 20 d. A description of the firearms to be surrendered. 21 e. An extreme risk protective order shall contain the 22 following statement in substantially the same form: 23 To the subject of this protective order: This order remains 24 effective until the date and time noted above. If you have 25 not done so already, you must surrender to the (insert the 26 name of a local law enforcement agency with jurisdiction or 27 person designated by the court in the extreme risk protective 28 order) all firearms in your possession, ownership, custody, or 29 control and surrender any permit to carry weapons or permit to 30 acquire in your possession to such agency. You shall not have 31 in your possession a firearm, or ship, transport, or receive, 32 or attempt to ship, transport, or receive such a firearm while 33 this order is in effect. You have the right to request one 34 hearing to terminate this order during the period that this 35 -6- LSB 5668YH (15) 88 js/rh 6/ 20

H.F. 2367 order is in effect, starting from the date of this order and 1 continuing through the expiration or termination of the order. 2 If the order requires a substance abuse evaluation, you must 3 first obtain such evaluation and disclose the results of the 4 evaluation to the court prior to requesting a hearing. 5 7. Upon the application of a party, the court shall issue 6 subpoenas requiring attendance and testimony of witnesses and 7 production of papers. 8 8. The court shall advise the respondent of a right to be 9 represented by counsel of the respondent’s choosing and to have 10 a continuance to secure counsel. 11 9. If applicable, the court shall determine whether the 12 respondent has had sufficient opportunity to surrender the 13 respondent’s firearms after service of an emergency extreme 14 risk protective order issued under section 664B.6. 15 10. Hearings shall be recorded. 16 Sec. 7. NEW SECTION . 664B.6 Emergency extreme risk 17 protective order. 18 1. A plaintiff may request that an emergency extreme risk 19 protective order be issued before a hearing for an extreme risk 20 protective order under section 664B.5, without notice to the 21 respondent, by including in the petition detailed allegations 22 based on personal knowledge that the respondent poses an 23 imminent, significant danger to the respondent’s self or others 24 by possessing, shipping, transporting, or receiving firearms. 25 2. In considering whether to issue an emergency extreme risk 26 protective order under this section, the court shall consider 27 all relevant evidence described in section 664B.5, subsection 28 3. 29 3. If the court finds by a preponderance of the evidence 30 that the respondent poses an imminent, significant danger 31 to the respondent’s self or others by possessing, shipping, 32 transporting, or receiving firearms, the court shall issue an 33 emergency extreme risk protective order that shall be effective 34 for not more than seven days. 35 -7- LSB 5668YH (15) 88 js/rh 7/ 20

H.F. 2367 4. The court shall hold an emergency extreme risk protective 1 order hearing in person or by telephone on the day the petition 2 is filed. 3 5. If a court is unavailable from the close of business at 4 the end of the day or week to the resumption of business at the 5 beginning of the day or week, a petition may be filed before a 6 district judge or a district associate judge designated by the 7 chief judge of the judicial district who may grant emergency 8 relief under this section, if the district judge or district 9 associate judge finds by a preponderance of the evidence 10 that the respondent poses an imminent, significant danger 11 to the respondent’s self or others by possessing, shipping, 12 transporting, or receiving firearms. 13 6. An emergency extreme risk protective order shall include 14 the following: 15 a. (1) A statement that the plaintiff has proven by a 16 preponderance of the evidence that the respondent poses a 17 significant danger to the respondent’s self or others based 18 on the evidence identified in the list required pursuant to 19 subparagraph (2). 20 (2) A list of evidence the court considered in finding that 21 the respondent poses a significant danger to the respondent’s 22 self or others. 23 b. The date and time the order was issued. 24 c. The date and time the order expires. 25 d. A description of the known firearms to be surrendered. 26 This paragraph shall not be interpreted to preclude the 27 surrender of additional firearms not described or firearms not 28 accurately described. 29 e. The date and time of the scheduled hearing. 30 f. An emergency extreme risk protective order shall contain 31 the following statement in substantially the same form: 32 To the subject of this protective order: This order remains 33 effective until the date and time noted above. If you have not 34 done so already, you must immediately surrender to the (insert 35 -8- LSB 5668YH (15) 88 js/rh 8/ 20

H.F. 2367 the name of a local law enforcement agency with jurisdiction 1 or a commercial dealer with a federal firearms license who 2 is designated by the court) all firearms in your possession, 3 ownership, custody, or control, and surrender any permit to 4 carry weapons or permit to acquire in your possession to such 5 agency. You shall not have in your possession a firearm, or 6 ship, transport, or receive, or attempt to ship, transport, 7 or receive such a firearm while this order is in effect. A 8 hearing will be held on the date and time noted above to 9 determine if an extreme risk protective order shall be issued. 10 Failure to appear at that hearing may result in a court 11 entering an extreme risk protective order against you that is 12 valid for a period of up to one year. You may seek the advice 13 of an attorney as to any matter connected with this order. 14 7. An emergency extreme risk protective order issued under 15 this section shall expire upon the issuance of an extreme 16 risk protective order under section 664B.5 or if the court 17 determines at a hearing on the petition for an extreme risk 18 protective order under section 664B.5 that the plaintiff has 19 not proven by clear and convincing evidence that the respondent 20 presents a significant danger to the respondent’s self or 21 others by possessing, shipping, transporting, or receiving 22 firearms. 23 8. An emergency extreme risk protective order shall be 24 served by the sheriff of any county in this state, a peace 25 officer, or a corrections officer, in the same manner provided 26 in section 664B.2 for the service of the notice and petition, 27 and shall be served concurrently with such notice of hearing 28 and petition, if possible. Alternatively, an emergency 29 extreme risk protective order may be served using short-form 30 notification pursuant to section 664B.3, and shall be served 31 concurrently with the notice of hearing and petition, if 32 possible. 33 Sec. 8. NEW SECTION . 664B.7 Notice of extreme risk 34 protective order or emergency extreme risk protective order. 35 -9- LSB 5668YH (15) 88 js/rh 9/ 20

H.F. 2367 1. The clerk of the district court or other person 1 designated by the court shall provide a copy of the extreme 2 risk protective order or the emergency extreme risk protective 3 order to the plaintiff. 4 2. The clerk of the district court shall provide a notice 5 and copy of the protective order to the appropriate law 6 enforcement agencies and the twenty-four-hour dispatcher for 7 the law enforcement agencies in the same manner as provided in 8 section 235F.6, 236.5, or 236A.7, as applicable. The clerk 9 of the district court shall provide a notice and copy of a 10 termination of the protective order in the same manner. 11 Sec. 9. NEW SECTION . 664B.8 Termination of order. 12 1. The respondent may request a hearing to terminate an 13 extreme risk protective order issued under this chapter during 14 the period that the order is in effect, starting from the 15 date of the order and continuing through the expiration or 16 termination of the order. 17 a. Upon receipt of a request for a hearing to terminate 18 an extreme risk protective order, the court shall set a date 19 for a hearing. Notice of the request shall be served on the 20 plaintiff. The hearing shall occur no sooner than fourteen 21 days and no later than thirty days from the date of service of 22 the request upon the plaintiff. 23 b. The respondent shall have the burden of proving by clear 24 and convincing evidence that the respondent does not pose 25 a significant danger to the respondent’s self or others by 26 possessing, shipping, transporting, or receiving firearms. 27 c. If the court finds after the hearing that the respondent 28 has met the burden of proof, the court shall terminate the 29 extreme risk protective order. 30 2. A court may extend an extreme risk protective order at 31 any time upon a petition filed by a plaintiff and after notice 32 and hearing. The court may extend the order if the court, 33 after a hearing at which the respondent has the opportunity 34 to be heard, finds that the respondent continues to pose a 35 -10- LSB 5668YH (15) 88 js/rh 10/ 20

H.F. 2367 significant danger to the respondent’s self or others by 1 possessing, shipping, transporting, or receiving firearms. The 2 court shall issue no more than one extension of an extreme 3 risk protective order. If the court has already issued one 4 extension, a plaintiff may petition for a new extreme risk 5 protective order against a respondent only by following the 6 procedures set forth in this chapter. 7 Sec. 10. NEW SECTION . 664B.9 Firearms and firearm permits 8 —— surrender. 9 1. Upon the issuance of an extreme risk protective order 10 or an emergency extreme risk protective order, the court shall 11 order the respondent to immediately surrender to the law 12 enforcement agency named in the protective order, or the person 13 designated by the court in the extreme risk protective order 14 or the commercial dealer pursuant to an emergency extreme risk 15 protective order, all firearms possessed by the respondent, and 16 to immediately surrender any permit to carry weapons or permit 17 to acquire possessed by the respondent to the law enforcement 18 agency. 19 2. If there is probable cause to believe that the respondent 20 has not surrendered any firearm or permit in the respondent’s 21 possession, the court may issue and deliver to any peace 22 officer a search warrant that authorizes the officer to enter 23 and search any place where there is probable cause to believe 24 that such a firearm or permit is located and seize the firearm 25 or permit. 26 3. A law enforcement officer taking possession of any 27 firearms, or a law enforcement officer on behalf of the 28 person designated by the court in the extreme risk protective 29 order or on behalf of a commercial dealer pursuant to an 30 emergency extreme risk protective order, shall issue a receipt 31 identifying all firearms that have been surrendered and provide 32 a copy of the receipt to the respondent within seventy-two 33 hours of taking possession of the firearms. After service of 34 the order, the law enforcement officer serving the order shall 35 -11- LSB 5668YH (15) 88 js/rh 11/ 20

H.F. 2367 file the original receipt with the court within seventy-two 1 hours and shall ensure that the law enforcement agency retains 2 a copy of the receipt. 3 4. If a person other than the respondent claims to own any 4 of the firearms seized or surrendered pursuant to this chapter 5 and the law enforcement agency where the firearms are stored, 6 or after consulting with a law enforcement agency the person 7 designated by the court to maintain control of the firearms 8 or the commercial dealer, determines that person to be the 9 lawful owner of the firearms, the firearms shall be returned 10 to the lawful owner if the lawful owner agrees to store the 11 firearms in such a manner that prevents the respondent from 12 having access to the firearms during the time an extreme risk 13 protective order or emergency extreme risk protective order is 14 in effect. 15 Sec. 11. NEW SECTION . 664B.10 Firearm surrender —— 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. 12. NEW SECTION . 664B.11 Firearms —— storage. 24 All law enforcement agencies shall develop policies and 25 procedures by June 1, 2021, regarding the acceptance, storage, 26 and return of firearms surrendered to a law enforcement agency 27 under this chapter. 28 Sec. 13. NEW SECTION . 664B.12 Return of firearms and 29 unclaimed firearms. 30 1. If an extreme risk protective order is terminated or 31 expires, or an emergency extreme risk protective order expires 32 without the issuance of an extreme risk protective order, the 33 law enforcement agency, person designated by the court, or 34 commercial dealer in possession of any firearms surrendered by 35 -12- LSB 5668YH (15) 88 js/rh 12/ 20

H.F. 2367 a respondent shall return any such firearms upon request of the 1 respondent, provided the respondent is eligible to possess a 2 firearm. 3 2. Notwithstanding section 809.21, firearms that remain 4 unclaimed by the lawful owner for not less than one year after 5 either of the following shall be destroyed pursuant to 661 IAC 6 95.8: 7 a. The expiration or termination of an extreme risk 8 protective order. 9 b. The expiration of an emergency extreme risk protective 10 order for which an extreme risk protective order was not 11 issued. 12 Sec. 14. NEW SECTION . 664B.13 Report. 13 When a court issues an extreme risk protective order, the 14 clerk of the district court shall forward only such information 15 as is necessary to identify the person to the department of 16 public safety, which in turn shall forward the information to 17 the federal bureau of investigation or its successor agency for 18 the sole purpose of inclusion in the national instant criminal 19 background check system database. 20 Sec. 15. NEW SECTION . 664B.14 Penalties. 21 1. A person who files a petition under this chapter knowing 22 the information in the petition to be materially false commits 23 a serious misdemeanor. 24 2. A respondent who possesses a firearm, or who ships, 25 transports, or receives, or attempts to ship, transport, or 26 receive a firearm while an extreme risk protective order or 27 emergency extreme risk protective order is in effect commits 28 a serious misdemeanor. 29 3. A person who claims ownership of a firearm pursuant to 30 section 664B.9, subsection 4, who agrees to store the firearm 31 in such a manner that prevents a respondent from having access 32 to the firearm commits a serious misdemeanor if the respondent 33 is later found to have access to the firearm that is subject 34 to the agreement while an extreme risk protective order is in 35 -13- LSB 5668YH (15) 88 js/rh 13/ 20

H.F. 2367 effect. 1 Sec. 16. Section 724.8, Code 2020, is amended by adding the 2 following new subsections: 3 NEW SUBSECTION . 7. Is subject to an extreme risk protective 4 order or an emergency extreme risk protective order issued 5 under chapter 664B. 6 NEW SUBSECTION . 8. Has been convicted of a violation of 7 section 664B.14, subsection 2, within the previous five years. 8 Sec. 17. Section 724.15, subsection 1, Code 2020, is amended 9 by adding the following new paragraphs: 10 NEW PARAGRAPH . d. Is subject to an extreme risk protective 11 order or an emergency extreme risk protective order issued 12 under chapter 664B. 13 NEW PARAGRAPH . e. Has been convicted of a violation of 14 section 664B.14, subsection 2, within the previous five years. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to the creation of an extreme risk 19 protective order against a person who presents a significant 20 danger to the person’s self or others by possessing, shipping, 21 transporting, or receiving firearms. 22 DEFINITIONS. The bill defines “firearm” to include 23 ammunition and any offensive weapon. The bill defines 24 “possession” to include ownership, custody, or control. 25 The bill defines “plaintiff” to mean a county attorney or, 26 collectively, two peace officers. 27 PETITION FOR EXTREME RISK PROTECTIVE ORDER. Under the bill, 28 a plaintiff may file a petition in district court requesting 29 an extreme risk protective order stating that the subject of 30 the extreme risk protective petition (respondent) presents 31 a significant danger to the respondent’s self or others by 32 possessing, shipping, transporting, or receiving firearms. The 33 bill requires the petition to contain an affidavit stating the 34 respondent’s name and address, whether the respondent has a 35 -14- LSB 5668YH (15) 88 js/rh 14/ 20

H.F. 2367 permit to carry weapons, whether the respondent has a criminal 1 record, the specific facts that give rise to the reasons the 2 respondent presents a significant danger to the respondent’s 3 self or others; the location, type, and number of firearms the 4 plaintiff believes are possessed by the respondent; whether 5 the respondent is subject to a current protective order or 6 no-contact order; and whether any legal proceedings are pending 7 between the plaintiff and respondent. 8 In lieu of personal service of an extreme risk protective 9 order on a respondent, the bill allows a sheriff of any county 10 in this state or any peace officer or corrections officer 11 in this state to serve the respondent with a short-form 12 notification to effectuate service of an unserved order. 13 Short-form notification includes service during traffic stops 14 and other contacts with the respondent by a sheriff, peace 15 officer, or corrections officer in this state in the course of 16 performing official duties. 17 The bill permits a county attorney’s office to provide 18 assistance to a plaintiff wishing to initiate the filing of an 19 extreme risk protective order petition or to a plaintiff at any 20 stage of a proceeding under the bill, if the assistance does 21 not create a conflict of interest for the county attorney’s 22 office. 23 The bill requires that a hearing on the petition for an 24 extreme risk protective order shall occur not less than five 25 but no more than seven days after commencing the proceeding and 26 after notice to the respondent. 27 The bill provides that upon a hearing on the petition, 28 if the court finds by clear and convincing evidence that the 29 respondent presents a significant danger to the respondent’s 30 self or others by possessing, shipping, transporting, or 31 receiving firearms, the court shall issue an extreme risk 32 protective order for a period of up to one year. However, 33 the court shall not issue an extreme risk protective order 34 for an amount of time longer than the minimum amount of time 35 -15- LSB 5668YH (15) 88 js/rh 15/ 20

H.F. 2367 necessary for the danger identified in the hearing to resolve. 1 In determining whether grounds for an extreme risk protective 2 order exist, the court may consider any relevant evidence 3 including but not limited to the following: a recent act or 4 threat of violence by the respondent against the respondent’s 5 self or others; a pattern of acts or threats of violence 6 against the respondent’s self or others by the respondent 7 within the preceding 12 months of the filing of the petition; 8 any serious mental impairment of the respondent; any violations 9 of no-contact orders or protective orders by the respondent 10 within the preceding six years; a previous issuance of an 11 extreme risk protective order issued against the respondent; 12 a previous domestic abuse assault conviction; the possession 13 of a firearm or the reckless use, display, or brandishing of 14 a firearm by the respondent; any history of use of physical 15 force by the respondent against another person; any prior 16 criminal history of the respondent; and evidence of abuse of a 17 controlled substance or alcohol by the respondent. 18 EMERGENCY EXTREME RISK PROTECTIVE ORDER. The bill allows 19 a plaintiff to request an emergency extreme risk protective 20 order, without notice to the respondent, by including in the 21 petition detailed allegations based on personal knowledge 22 that the respondent poses an imminent, significant danger 23 to the respondent’s self or others by possessing, shipping, 24 transporting, or receiving firearms. If the court finds by a 25 preponderance of the evidence that the respondent presents an 26 imminent, significant danger to the respondent’s self or others 27 by possessing, shipping, transporting, or receiving firearms, 28 the court shall issue an emergency extreme risk protective 29 order that shall be effective for not more than seven days. 30 The court shall hold an emergency extreme risk protective 31 order hearing in person or by telephone on the day the petition 32 is filed. 33 If a court is unavailable from the close of business at the 34 end of the day or week to the resumption of business at the 35 -16- LSB 5668YH (15) 88 js/rh 16/ 20

H.F. 2367 beginning of the day or week, the bill provides that a petition 1 for an emergency extreme risk protective order may be filed 2 before a district judge, or district associate judge designated 3 by the chief judge of the judicial district, who may grant 4 emergency relief, if the district judge or district associate 5 judge finds by a preponderance of the evidence that the 6 respondent presents a significant danger to the respondent’s 7 self or others by possessing, shipping, transporting, or 8 receiving firearms. 9 The emergency extreme risk protective order shall be in 10 effect until its expiration, the issuance of an extreme risk 11 protective order after a hearing on the petition for an extreme 12 risk protective order, or the court determines at the hearing 13 on the petition the plaintiff has not proven by clear and 14 convincing evidence that the respondent presents a significant 15 danger to the respondent’s self or others by possessing, 16 shipping, transporting, or receiving firearms, whichever 17 finalizing event occurs first. 18 In lieu of personal service of an emergency extreme risk 19 protective order on a respondent, the bill allows a sheriff of 20 any county in this state or any peace officer or corrections 21 officer to serve the respondent with a short-form notification 22 to effectuate the service on an unserved order. Short-form 23 notification includes service during traffic stops and other 24 contacts with the respondent by the sheriff, peace officer, or 25 corrections officer. 26 REQUEST TO TERMINATE ORDER. Under the bill, the respondent 27 may submit a request for a hearing to terminate an extreme 28 risk protective order during the period that the order is in 29 effect, beginning from the date of the order and continuing 30 through the expiration or termination of the order. The bill 31 provides that the respondent shall have the burden of proving 32 by clear and convincing evidence that the respondent does not 33 pose a significant danger to the respondent’s self or others by 34 possessing, shipping, transporting, or receiving firearms. 35 -17- LSB 5668YH (15) 88 js/rh 17/ 20

H.F. 2367 EXTENSION OF ORDER. The bill authorizes a court, upon 1 petition by a plaintiff and after notice and hearing, to 2 extend an extreme risk protective order at any time. The 3 court may extend the order if the court, after a hearing at 4 which the respondent has the opportunity to be heard, finds 5 that the respondent continues to pose a significant danger 6 to the respondent’s self or others by possessing, shipping, 7 transporting, or receiving firearms. The bill prohibits a 8 court from issuing more than one extension of an extreme 9 risk protective order. If the court has already issued 10 one extension, the bill requires a plaintiff to follow the 11 procedures set forth in the bill to request a new extreme risk 12 protective order. 13 SURRENDER OF FIREARMS AND FIREARM PERMITS. Upon the 14 issuance of an extreme risk protective order or an emergency 15 extreme risk protective order, the bill provides that the 16 court shall order the respondent to immediately surrender to 17 the law enforcement agency named in the protective order, the 18 person designated by the court in the extreme risk protective 19 order, or, pursuant to an emergency extreme risk protective 20 order, a commercial dealer with a federal firearms license 21 who is designated by the court all firearms possessed by the 22 respondent, and the respondent shall immediately surrender 23 any permit to carry weapons or permit to acquire possessed by 24 the respondent to the law enforcement agency. A court may 25 issue and deliver to any peace officer a search warrant that 26 authorizes the officer to enter and search any place where 27 there is probable cause to believe a firearm or permit is 28 located and to seize the firearm or permit if there is probable 29 cause to believe that the respondent has not surrendered a 30 firearm or permit in the respondent’s possession. 31 The bill requires that a peace officer taking possession 32 of any firearms, or a peace officer on behalf of the person 33 designated by the court in the extreme risk protective 34 order or on behalf of a commercial dealer pursuant to an 35 -18- LSB 5668YH (15) 88 js/rh 18/ 20

H.F. 2367 emergency extreme risk protective order, shall issue a receipt 1 identifying all firearms that have been surrendered and provide 2 a copy of the receipt to the respondent within 72 hours of 3 taking possession of the firearms. 4 If a person other than the respondent claims to own any of 5 the firearms seized or surrendered pursuant to the bill and the 6 law enforcement agency where the firearms are stored, or after 7 consulting with a law enforcement agency the person designated 8 by the court to maintain control of the firearms or the 9 commercial dealer, determines the person to be the lawful owner 10 of the firearms, the firearms shall be returned to the lawful 11 owner if the lawful owner agrees to store the firearms in such 12 a manner that prevents the respondent from having access to the 13 firearms during the time an extreme risk protective order or 14 emergency extreme risk protective order is in effect. Under 15 the bill, the lawful owner commits a serious misdemeanor if the 16 respondent is later found to have access to the firearms while 17 an extreme risk protective order or emergency extreme risk 18 protective order is in effect against the respondent. 19 Upon the issuance of an extreme risk protective order, the 20 bill requires the court to order a new hearing within three 21 business days of the issuance of the extreme risk protective 22 order that requires the respondent to provide evidence to the 23 court that the respondent has surrendered any firearms in 24 the possession of the respondent. The court may dismiss the 25 hearing upon a satisfactory showing the respondent has complied 26 with the extreme risk protective order. 27 All law enforcement agencies must develop policies and 28 procedures by June 1, 2021, regarding the acceptance, storage, 29 and return of firearms surrendered to a law enforcement agency 30 under the bill. 31 RETURN OF FIREARMS. Under the bill, if an extreme risk 32 protective order is terminated or expires, or an emergency 33 extreme risk protective order expires without the issuance of 34 an extreme risk protective order, the law enforcement agency, 35 -19- LSB 5668YH (15) 88 js/rh 19/ 20