2015 -- S 0523

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LC000384

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HEALTH AND SAFETY

     Introduced By: Senators Miller, and Goldin

     Date Introduced: February 26, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby

amended by adding thereto the following section:

     23-94-1. Seizure of weapons from person posing substantial risk of serious harm.--

(a) For purposes of this section a "weapon" means any firearm, ammunition, or other deadly

weapon.

      (b) A police officer may immediately, without a warrant, seize any weapon found in the

possession, custody, or control of any person the officer has reason to believe and does believe

poses a substantial risk of serious harm to the person or to others.

      (c) A substantial risk of serious harm may be demonstrated by:

      (1) The person's behavior; or

      (2) Evidence of severe emotional distress or deterioration in a person's mental condition.

      (d) A police officer may form the belief that the person poses a substantial risk of serious

harm from:

      (1) A representation of a credible person; or

      (2) On the basis of the conduct of the person as observed by the police officer, or the

circumstances under which the person is found.

      (e) If a weapon is seized under this section, the police officer shall immediately provide

the person a written copy of a receipt for the firearm and a written notice of the procedure for the

return of said weapon.

      (f) If a weapon is seized under this section, the police officer shall provide for the safe

storage of the weapon at the police station pending review by the superior court pursuant to

subsection (h) of this section.

      (g) If a police officer seizes a weapon pursuant to this section, the police officer shall,

within twenty-four (24) hours of the seizure, submit to the superior court having jurisdiction over

the city or town in which the seizure occurred a written statement under oath or affirmation

describing the basis for the police officer's belief that the person poses a substantial risk of serious

harm to the person or others and a description of the weapon seized.

      (h) After review of the written statement submitted under subsection (g) of this section,

the court shall conduct a hearing not later than seven (7) days after the submission thereof, to

determine if probable cause exists to believe that the person from whom the weapon was seized

poses a substantial risk of serious harm to the person or to others. The person from whom the

weapon was seized and the lawful owner of the seized weapon have a right be heard at such

hearing. The police officer who made such seizure shall appear for said hearing.

      (i) If the court finds that probable cause exists to believe that the person poses a

substantial risk of serious harm to the person or to others, the court shall order the police

department having custody of the weapon to retain the same for a period of one hundred and

eighty (180) days. At the expiration of one hundred and eighty (180) days, the lawful owner of

the seized weapon may petition the superior court for its return.

     (ii) If the court finds that there is no probable cause to believe that the person poses a

substantial risk of serious harm to the person or to others, the court shall order the police

department having custody of the weapon to immediately return the same.

      (i) If the seized weapon is lawfully owned by someone other than the person from whom

it was seized, the court shall, upon motion of the lawful owner, order the police department

having custody of the weapon, to immediately return the same to such lawful owner, unless the

court determines such return will pose a threat to public safety.

     (j) A police officer shall not be liable for any act or omission made in the good faith

exercise of the officer's duties under this section.

      SECTION 2. This act shall take effect upon passage.

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LC000384

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY

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     This act would allow police officers to seize weapons, without a warrant, from

individuals that they determine to pose a substantial risk of serious harm to themselves or others.

This act would also provide for procedures for the review of the seizure by the superior court.

     This act would take effect upon passage.

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LC000384

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