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:

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

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amended by adding thereto the following section:

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

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

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weapon.

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

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

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

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

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      (1) The person's behavior; or

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

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

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harm from:

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      (1) A representation of a credible person; or

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

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circumstances under which the person is found.

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

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

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return of said weapon.

 

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

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

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subsection (h) of this section.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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exercise of the officer's duties under this section.

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      SECTION 2. This act shall take effect upon passage.

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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

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

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

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     This act would take effect upon passage.

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