2018 -- S 2492

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LC005022

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- EXTREME RISK

PROTECTION ORDERS -- CRIMINAL OFFENSES -- WEAPONS

     Introduced By: Senators Goodwin, Ruggerio, McCaffrey, Euer, and DiPalma

     Date Introduced: February 27, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 8 of the General Laws entitled "COURTS AND CIVIL PROCEDURE

- COURTS" is hereby amended by adding thereto the following chapter:

CHAPTER 8.3

EXTREME RISK PROTECTION ORDERS

     8-8.3-1. Definitions.

     When used in this chapter, the following words and phrases shall have the following

meanings:

     (1) "Court" means the superior court in the county in which the petitioner resides.

     (2) "Extreme risk protection order" means an ex parte temporary or final order granted

under this chapter.

     (3) "Family or household member" means present and former family members (as

defined in § 15-15-1), parents (as defined in § 15-15-1), stepparents, legal guardians, persons who

are or have been in a substantive dating or engagement relationship within the past one year (as

defined in § 15-15-1), and cohabitants (as defined in § 8-8.1-1).

     (4) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun," "BB

gun," or other instrument from which steel or metal projectiles are propelled, or which may

readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows,

and except instruments propelling projectiles which are designed or normally used for a primary

purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a

firearm under the provisions of this section.

      (5) "Petitioner" means the person who petitions for an order under this chapter.

     (6) "Respondent" means the person who is identified as the respondent in a petition filed

under this chapter.

     8-8.3-2. Filing of petition.

     Proceedings under this chapter shall be filed, heard and determined in the superior court

of the county in which the petitioner resides. Any proceedings under this chapter shall not

preclude any other available civil or criminal remedies. A party filing a petition under this chapter

may do so without payment of any filing fee. There shall be no minimum residence requirements

for the filing of a petition under this chapter.

     8-8.3-3. Petition for order.

     (a) A petitioner may file a petition in the superior court requesting an extreme risk

protection order, which shall enjoin the respondent from having in their possession, custody or

control any firearms and shall further enjoin the respondent from purchasing, receiving or

attempting to purchase or receive any firearms while the order is in effect.

     (b) A petition for an extreme risk protection order may be filed by:

     (1) A law enforcement officer or agency;

     (2) The office of the attorney general; or

     (2) A family or household member of the respondent.

     (c) A petition for an extreme risk protection order must be supported by a written

affidavit signed by the petitioner under oath or by an oral statement by the petitioner taken under

oath and any other witness the petitioner may produce.

     (d) A petition must allege that the respondent poses a significant danger of causing

personal injury to self or others by having in their custody or control, purchasing, possessing, or

receiving a firearm, and must state the specific statements, actions, or facts that give rise to a

reasonable fear of future dangerous acts by the respondent.

     (e) If the petitioner believes there are firearms in the respondent's current ownership,

possession, custody, or control, the petition shall identify the number, types, and locations of all

such firearms, if known.

     (f) A petitioner for an extreme risk protection order, at the time of the filing, shall identify

all known restraining orders, orders of protection and pending lawsuits, complaints, petitions or

actions pending, active or filed within one year prior to the petition involving either the petitioner

or respondent, including, but not limited to, any orders entered pursuant to chapter 8.1 of title 8 or

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chapter 15 of title 15. The court administrator shall verify the terms of any existing order

governing the parties. The court may not delay granting relief under this chapter because of the

existence of a pending action between the parties or the necessity of verifying the terms of an

existing order. A petition for an extreme risk protection order may be granted whether or not

there is a pending action between the parties.

     (g) If the petitioner is a law enforcement officer or agency, the petitioner shall make a

good faith effort to provide notice to a family or household member of the respondent and to any

known third party who may be at risk of violence. The notice must state that the petitioner intends

to petition the court for an extreme risk protection order or has already done so, and include

referrals to appropriate resources, including mental health, domestic violence, and counseling

resources. The petitioner must attest in the petition to having provided such notice, or attest to the

steps that shall be taken to provide such notice.

     (h) If the petition states that disclosure of the petitioner's address would risk harm to the

petitioner or any member of the petitioner's family or household, the petitioner's address may be

omitted from all documents filed with the court. If the petitioner has not disclosed an address

under this subsection, the petitioner must designate an alternative address at which the respondent

may serve notice of any motions. If the petitioner is a law enforcement officer or agency, the

address of record shall be that of the law enforcement agency.

     (i) After August 1, 2018, all court clerk's offices shall make available the standardized

forms, instructions, and informational brochures required by § 8-8.3-14. Any assistance or

information provided by clerks under this section does not constitute the practice of law and

clerks are not responsible for incorrect information contained in a petition.

     8-8.3-4. Hearings on petition – Grounds for issuance – Contents of order.

     (a) Upon receipt of a petition, the court shall order a hearing to be held not later than

twenty-one (21) days from the date of the order and issue a notice of hearing to the respondent for

the same.

     (b) The court clerk shall cause a copy of the notice of hearing and petition to be

forwarded on or before the next judicial day to the appropriate law enforcement agency for

service upon the respondent.

     (c) Personal service of the notice of hearing and petition shall be made upon the

respondent by a member of the division of sheriffs or a certified constable not less than five (5)

court days prior to the hearing. Service issued under this section takes precedence over the service

of other documents, unless the other documents are of a similar emergency nature. If timely

personal service cannot be made, the court shall set a new hearing date and shall require

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additional attempts at obtaining personal service or permit alternate service as provided in § 8-

8.3-7.

     (d) If the court issues a temporary extreme risk protection order, as provided in § 8-8.3-5,

pending the hearing ordered under this subsection, such temporary order shall be served

concurrently with the notice of hearing and petition.

     (e) Upon hearing the matter, if the court finds by clear and convincing evidence that the

respondent poses a significant danger of causing personal injury to self or others by having in

their possession custody or control, purchasing, possessing, or receiving a firearm, the court shall

issue an extreme risk protection order. An extreme risk protection order issued by the court shall

be for a fixed period of one year, at the expiration of which time the court may extend the

extreme risk protection order as set forth in § 8-8.3-8.

     (f) In determining whether grounds for an extreme risk protection order exist, the court

shall consider the following:

     (1) A recent act or threat of violence by the respondent against self or others, regardless

of whether such act or threat of violence involves a firearm;

     (2) A pattern of acts or threats or violence by the respondent within the past twelve (12)

months, including, but not limited to, acts or threats of violence against self or others;

     (3) The respondent's mental health history;

     (4) Evidence of respondent's abuse of controlled substances or alcohol;

     (5) Previous violations by the respondent of any court order including, but not limited to,

restraining orders, no contact orders issued pursuant to § 12-29-4, and protective orders issued

pursuant to chapter 8.1 of title 8 or chapter 15 of title 15;

     (6) Previous extreme risk protection orders issued against the respondent;

     (7) The unlawful, threatening, or reckless use or brandishing of a firearm by respondent;

     (8) Respondent's criminal history, including, but not limited to, arrests and convictions

for felony offenses, crimes of violence as defined in § 11-47-2, violent misdemeanor offenses,

crimes involving domestic violence as defined in § 12-29-2, and stalking; and

     (9) Evidence of recent acquisition of firearms by the respondent.

     (g) In determining whether grounds for an extreme risk protection order exist, the court

may also consider any other relevant and credible evidence presented by the petitioner,

respondent and any witnesses they may produce.

     (h) In a hearing under this chapter, the court may examine under oath the petitioner,

respondent and any witnesses they may produce. In lieu of examination, the court may consider

sworn affidavits of the respondent, and any witnesses they or the petitioner may produce;

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however, sworn affidavits cannot serve as the sole basis for the court's determination.

     (i) The court may continue a hearing under this section upon a showing of good cause. If

the court continues a hearing under this subsection in a matter in which a temporary extreme risk

protection order has been issued under § 8-8.3-5, the temporary extreme risk protection order

shall remain in effect until the next hearing date.

     (j) During the hearing the court shall consider whether a mental health evaluation or

substance abuse evaluation is appropriate, and may order such evaluation if appropriate.

     (k) An extreme risk protection order must include:

     (1) A statement of the grounds supporting the issuance of the order;

     (2) The date and time the order was issued;

     (3) The date and time the order expires;

     (4) Whether a mental health or substance abuse evaluation of the respondent has been

ordered;

     (5) The address of the court that issued the order and in which any responsive pleading

should be filed;

     (6) A description of the requirement for surrender of firearms under § 8-8.3-9; and

     (7) The following statement: "To the subject of this protection order: This order will last

until the date and time noted above. If you have not done so already, you must immediately

surrender to the local law enforcement agency or to the state police all firearms in your custody,

control, or possession and also immediately surrender to the local law enforcement agency or to

the state police any concealed pistol license issued to you under § 11-47-8. While this order is in

effect, it is illegal for you to have any firearm in your possession, custody or control or for you to

purchase, receive, or attempt to purchase or receive any firearm. You have the right to request

one hearing to terminate this order every twelve (12) month period that this order, or any renewal

order, is in effect. You may seek the advice of an attorney as to any matter connected with this

order."

     (l) When a court issues an extreme risk protection order, the court shall inform the

respondent that they are entitled to request termination of the order in the manner prescribed by §

8-8.3-8. The court shall provide the respondent with a form to request a termination hearing.

     (m) If the court declines to issue an extreme risk protection order, the court shall state the

particular reasons for the court's denial.

     8-8.3-5. Temporary orders – Ex parte proceedings.

     (a) Upon the filing of a petition under this chapter, the petitioner may request a temporary

extreme risk protection order be issued before a hearing for an extreme risk protection order,

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without notice to the respondent, by including in the petition detailed sworn allegations based on

personal knowledge that the respondent poses an imminent danger of causing personal injury to

self or others by having in their custody or control, purchasing, possessing, or receiving a firearm.

     (b) In determining whether to issue a temporary extreme risk protection order, the court

shall consider all relevant evidence, including, but not limited to, the evidence described in § 8-

8.3-4(f).

     (c) If a court finds there is probable cause to believe that the respondent poses an

imminent danger of causing personal injury to self or others by having in their custody or control,

purchasing, possessing, or receiving a firearm, the court shall issue an ex parte extreme risk

protection order.

     (d) The court shall hold an ex parte extreme risk protection order hearing on the day the

petition is filed or on the judicial day immediately following the day the petition is filed.

     (e) In accordance with § 8-8.3-4, the court shall schedule a hearing within seven (7) days

of the issuance of a temporary extreme risk protection order to determine if a one-year extreme

risk protection order should be issued under this chapter.

     (f) A temporary extreme risk protection order must include:

     (1) A statement of the grounds supporting the issuance of the order;

     (2) The date and time the order was issued;

     (3) The date and time the order expires, which shall be for a period of up to one year

unless the court determines that the order should be issued for a longer duration;

     (4) The address of the court that issued the order and in which any responsive pleading

should be filed;

     (5) The date and time of the scheduled hearing;

     (6) A description of the requirement for surrender of firearms under § 8-8.3-9;

     (7) The following statement: "To the subject of this protection order: This order will last

until the date and time noted above. If you have not done so already, you must surrender to the

local law enforcement agency or to the state police all firearms in your custody, control, or

possession and also immediately surrender to local law enforcement agency or to the state police

any concealed pistol license issued to you under § 11-47-8. While this order is in effect, it is

illegal for you to have any firearm in your possession, custody or control or for you to purchase,

receive, or attempt to purchase or receive any firearm. You may seek the advice of an attorney as

to any matter connected with this order."

     (8) Any temporary extreme risk protection order issued pursuant to this section shall

expire at the time of the hearing under § 8-8.3-4. If the court continues a hearing under § 8-8.3-

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4(i), the temporary extreme risk protection order shall remain in effect until the next hearing date.

     (9) A temporary extreme risk protection order shall be served in the same manner as

provided for in § 8-8.3-4(c) for service of the notice of hearing and petition, and shall be served

concurrently with the notice of hearing and petition.

     (10) If the court declines to issue a temporary extreme risk protection order, the court

shall state the particular reasons for the denial.

     8-8.3-6. Service of orders.

     (a) An extreme risk protection order issued under this chapter shall be personally served

upon the respondent, except as otherwise provided in § 8-8.3-7.

     (b) The division of sheriffs or a certified constable with jurisdiction in the area in which

the respondent resides shall serve the respondent personally.

     (c) The clerk of the court shall cause a copy of the order issued under this chapter to be

forwarded on or before the next judicial day to the division of sheriffs or the certified constable

specified in the order for service upon the respondent. Service of an order issued under this

chapter takes precedence over the service of other documents, unless the other documents are of a

similar emergency nature.

     (d) If the division of sheriffs or the certified constable cannot complete service upon the

respondent within seven (7) days, the deputy sheriff or constable shall notify the petitioner.

     (e) If the respondent appeared in person before the court, the order entered by the court

shall recite that and the necessity for further service is waived and proof of service of that order is

not necessary.

     (f) The court may permit alternate means of service in accordance with § 8-8.3-7.

     8-8.3-7. Return of service – Alternate service.

     (a) The petition and any order issued under this chapter shall be personally served upon

the respondent by a deputy sheriff or certified constable except as provided in subsections (c), (d),

and (e) of this section. Service shall be made without payment of any fee when service is made by

a deputy sheriff. At the election of the petitioner, service pursuant to this subsection may also be

made by a certified constable authorized to serve process of the superior court. The certified

constable shall be entitled to receive the fee allowed by law for the service of a superior court

summons.

     (b) Return of service shall be forwarded by the deputy sheriff or certified constable to the

clerk of court prior to the date set down for hearing on the petition. If service has not been made,

the deputy sheriff or certified constable shall indicate on the summons the reason therefor and the

attempts made to serve the respondent.

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     (c) At the time the return of service is sent to the clerk of the court, the deputy sheriff or

certified constable shall cause a copy of the return of service to be sent to the petitioner and to the

appropriate law enforcement agency.

     (d) If, at the time of hearing on the petition, the court determines that after diligent effort

the deputy sheriff or certified constable has been unable to serve the respondent personally, the

judge may order an alternate method of service designed to give reasonable notice of the action to

the respondent and taking into consideration the petitioner's ability to afford the means of service

ordered. Alternative service shall include, but not be limited to: service by certified and regular

mail at respondent's last-known address or place of employment; leaving copies at the

respondent's dwelling or usual place of abode with a person of suitable age and discretion

residing therein; or by publication in a newspaper once a week for two (2) consecutive weeks.

The court shall set a new date for hearing on the petition, no sooner than twenty-one (21) days

later, and shall extend any temporary extreme risk protection order until that date.

     (e) If the respondent appears in person before the court, the necessity for further service is

waived and proof of service of that order is not necessary. If the respondent is served notice

regarding the complaint and hearing, but does not appear at the hearing, the hearing shall be held

without the respondent present and the clerk of the superior court shall mail the respondent a copy

of the resulting order.

     8-8.3-8. Termination -- Expiration -- Renewal of orders.

     (a) The respondent may submit one written request for a hearing to terminate an extreme

risk protection order issued under this chapter every twelve (12) month period that the order, or

any renewal order, is in effect.

     (1) Upon receipt of the request for a hearing to terminate an extreme risk protection

order, the court shall set a date for a hearing. Notice of the request shall be served on the original

petitioner for order in accordance with the requirements of § 8-8.3-6. The hearing shall occur no

sooner than fourteen (14) days and no later than thirty (30) days from the date of service of the

request upon the petitioner.

     (2) The respondent shall have the burden of proving by clear and convincing evidence

that the respondent does not pose a significant danger of causing personal injury to self or others

by having in their custody or control, purchasing, possessing, or receiving a firearm. The court

may consider any relevant evidence, including evidence of the considerations listed in § 8-8.3-

4(f).

     (3) If the court finds after the hearing that the respondent has met their burden, the court

shall terminate the order.

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     (b) The court shall notify the petitioner of the impending expiration of an extreme risk

protection order. Notice must be received by the petitioner ninety (90) calendar days before the

date the order expires.

     (c) A family or household member of the respondent or a law enforcement officer or

agency may by motion request a renewal of an extreme risk protection order at any time within

ninety (90) calendar days before the expiration of the order.

     (1) Upon receipt of the motion to renew, the court shall order that a hearing be held not

later than seven (7) days from the date the order issues. The respondent shall be personally served

in the same manner prescribed in § 8-8.3-4(c), or as otherwise ordered by the court.

     (2) In determining whether to renew an extreme risk protection order issued under this

section, the court shall consider all relevant evidence presented by the petitioner and follow the

same procedure as provided in § 8-8.3-4.

     (3) If the court finds by clear and convincing evidence that the requirements for issuance

of an extreme risk protection order as provided in § 8-8.3-4 continue to be met, the court shall

renew the order. However, if, after notice, the motion for renewal is uncontested and the

petitioner seeks no modification of the order, the order may be renewed on the basis of the

petitioner's motion and affidavit stating that there has been no material change in relevant

circumstances since entry of the order which is subject to renewal.

     (4) The renewal of an extreme risk protection order shall be for a fixed period of one

year, subject to termination as provided in subsection (a) of this section or further renewal by

order of the court.

     8-8.3-9. Surrender of firearms.

     (a) Upon issuance of any extreme risk protection order under this chapter, including a

temporary extreme risk protection order, the court shall order the respondent to immediately

surrender to the local law enforcement agency or to the state police under terms and conditions as

provided in § 11-47-5.4, all firearms in the respondent's custody, control, or possession and any

concealed pistol license issued under §§ 11-47-8 or 11-47-11 to the local law enforcement agency

or the state police.

     (b) A deputy sheriff serving any extreme risk protection order, including a temporary

extreme risk protection order, shall be accompanied by either a member of the Rhode Island state

police or of the local police department (hereinafter referred to in this section collectively as

“police” or “police officer”), and request that the respondent immediately surrender to the police

all firearms in the respondent's possession, care, custody or control. The police shall conduct any

search permitted by law for such firearms. The police shall take possession of all firearms that are

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surrendered, that are in plain sight, or that are discovered pursuant to a lawful search. As part of

the order, the court may also direct a police officer to search for firearms in a respondent's

possession consistent with chapter 5 of title 12. Alternatively, if personal service by a deputy

sheriff is not possible, or not required because the respondent was present at the extreme risk

protection order hearing, the respondent shall surrender the firearms in a safe manner to the

control of the Rhode Island state police, or a local police department, immediately upon being

served with the order by alternate service. If the respondent was present at the hearing, the

respondent shall be accompanied by a police officer from the hearing while the respondent

retrieves the respondent’s firearm.

     (c) At the time of surrender, a police officer taking possession of a firearm and/or

concealed pistol license shall issue a receipt identifying all firearms that have been surrendered

and provide a copy of the receipt to the respondent. Within seventy-two (72) hours after service

of the order, the police officer shall file the original receipt with the court and shall ensure that

their law enforcement agency retains a copy of the receipt. The police officer shall also notify the

office of the attorney general as to any concealed weapons permits which have been surrendered,

and the office of the attorney general shall update the applicable computer databases that these

concealed weapons permits have been surrendered pursuant to this chapter and shall indicate that

the concealed weapons permit are no longer valid.

     (d) Upon the sworn statement or testimony of any person or law enforcement officer

alleging that the respondent has failed to comply with the surrender of firearms as required by an

order issued under this chapter, the court shall determine whether probable cause exists to believe

that the respondent has failed to surrender all firearms in their possession, custody, or control. If

probable cause exists, the court shall issue a warrant describing the firearms and authorizing a

search of the locations where the firearms are reasonably believed to be and the seizure of any

firearms discovered pursuant to such search.

     (e) If a person other than the respondent claims title to any firearms surrendered pursuant

to this section, and they are determined by the court to be the lawful owner of the firearm then the

firearm shall be ordered returned to them, provided that:

     (1) The lawful owner attests to the court that the firearms will be removed from the

respondent's custody, control, or possession and that the lawful owner will store the firearm in a

manner such that the respondent does not have access to or control of the firearm; and

     (2) The Rhode Island state police or local law enforcement agency conducts a

background check and determines that the owner is not prohibited from possessing the firearm

under state or federal law.

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     (f) A respondent ordered to surrender possession of any firearms pursuant to this section

shall, within seventy-two (72) hours after being served with the order, either:

     (1) File with the court a receipt showing the firearms were physically surrendered to the

state police or local police department; or

     (2) File with the court, an attestation that, at the time of the order, the respondent had no

firearms in their possession or control, or subject to their possession or control, and that the

person, at the time of the attestation, has no firearms in their possession or control or subject to

their possession or control.

     (g) If a respondent fails to timely comply with the requirements of subsection (f) of this

section, the court shall hold a hearing to determine if the respondent is in contempt of court.

     (h) The state police are authorized to develop rules and procedures pertaining to the

storage and return of firearms surrendered to the state police, or local police departments pursuant

to this chapter. The state police may consult with the Rhode Island Police Chiefs' Association in

developing rules and procedures.

     8-8.3-10. Firearms return -- Disposal.

     (a) Any firearm surrendered in accordance with this chapter shall be returned to the

respondent upon their request when:

     (1) The respondent produces documentation issued by the court indicating that the

extreme risk protective order issued pursuant to this chapter has expired and has not been

renewed or extended; and

     (2) The law enforcement agency in possession of the firearms conducts a background

check and determines that the respondent is not otherwise prohibited from possessing a firearm

under state or federal law.

     (b) A law enforcement agency shall, if requested, provide prior notice of the return of a

firearm to a respondent and/or to family or household members of the respondent in the manner

provided in § 8-8.3-6.

     8-8.3-11. Reporting of orders.

     (a) The clerk of the court shall enter any extreme risk protection order or temporary

extreme risk protection order issued under this chapter into a statewide judicial information

system on the same day such order is issued.

     (b) The clerk of the court shall forward a copy of an order issued under this chapter the

same day such order is issued to the appropriate law enforcement agency specified in the order.

     (1) Upon receipt of the copy of the order, the law enforcement agency shall enter the

order into:

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      (i) The national instant criminal background check system, also known as the NICS

database, pursuant to the mental health component under NICS reporting standards;

     (ii) Any other federal or state computer-based systems used by law enforcement, the

bureau of criminal investigation at the office of the attorney general, or others to identify

prohibited purchasers of firearms; and

     (iii) Any computer-based criminal intelligence information system available in this state

used by law enforcement agencies to list outstanding warrants.

     (2) The order must remain in each system for the period stated in the order, and the law

enforcement agency shall only expunge orders from the systems that have expired or terminated.

Entry into the computer-based criminal intelligence information system constitutes notice to all

law enforcement agencies of the existence of the order. The order is fully enforceable in any city

or town in the state.

     (c) The issuing court shall, within three (3) judicial days after issuance of an extreme risk

protection order or temporary extreme risk protection order, forward a copy of the respondent's

driver's license, or comparable information, along with the date of order issuance, to the office of

attorney general. Upon receipt of the information, the office of attorney general shall determine if

the respondent has a concealed pistol license. If the respondent does have a concealed pistol

license, the office of attorney general shall immediately revoke the license.

     (d) If an extreme risk protection order is terminated before its expiration date, the clerk of

the court shall forward the same day a copy of the termination order to the office of attorney

general and the appropriate law enforcement agency specified in the termination order. Upon

receipt of the order, the law enforcement agency shall promptly remove the order from any

computer-based system in which it was entered pursuant to subsection (b) of this section.

     8-8.3-12. Penalties.

     (a) Any violation of any extreme risk protection order shall subject the violator to being

found in contempt of court. The contempt order shall not be exclusive and shall not preclude any

other available civil or criminal remedies.

     (b) Any violation of an extreme risk protection order issued under this chapter of which

the respondent has actual notice shall be a felony and, upon conviction, shall be punished by

imprisonment for not less than two (2) years nor more than ten (10) years, or a fine of not more

than ten thousand dollars ($10,000), or both.

     (c) "Actual notice" means that the respondent has received a copy of the order by service

thereof or by being personally served with a copy of the order by a deputy sheriff or certified

constable or by receipt of alternate service ordered by the court pursuant to § 8-8.3-6. Actual

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notice shall also include in-person notification by the court.

     (d) Filing a petition under this chapter knowing the information in such petition to be

materially false, or with intent to harass the respondent, shall be a misdemeanor that shall be

punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not

more than one year, or both.

     8-8.3-13. Liability.

     Except as provided in § 8-8.3-12, this chapter does not impose criminal or civil liability

on any person or entity for acts or omissions related to obtaining an extreme risk protection order

or temporary extreme risk protection order including, but not limited to, reporting, declining to

report, investigating, declining to investigate, filing, or declining to file a petition under this

chapter.

     8-8.3-14. Court forms and informational material.

     (a) The administrative office of the courts shall develop and prepare instructions and

informational brochures, standard petitions and extreme risk protection order forms, and a court

staff handbook on the extreme risk protection order process. The standard petition and order

forms shall be used after August 1, 2018, for all petitions filed and orders issued under this

chapter. The instructions, brochures, forms, and handbook shall be prepared in consultation with

interested persons, including representatives of gun violence prevention groups, judges, and law

enforcement personnel. Materials shall be based on best practices and available electronically

online to the public.

     (b) The instructions shall be designed to assist petitioners in completing the petition, and

must include a sample of a standard petition and order for protection forms.

     (c) The instructions and standard petition shall include a means for the petitioner to

identify, with only lay knowledge, the firearms the respondent may own, possesses, receive, or

have in their custody or control. The instructions shall provide pictures of types of firearms that

the petitioner may choose from to identify the relevant firearms, or an equivalent means to allow

petitioners to identify firearms without requiring specific or technical knowledge regarding the

firearms.

     (d) The informational brochure shall describe the use of and the process for obtaining,

modifying, and terminating an extreme risk protection order under this chapter, and provide

relevant forms.

     (e) The extreme risk protection order form shall include, in a conspicuous location, notice

of penalties resulting from violation of the order, and the following statement: "You have the sole

responsibility to avoid or refrain from violating this order's provisions. Only the court can change

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the order and only upon written application."

     (f) The court staff handbook shall allow for the addition of a community resource list by

the court clerk.

     (g) All court clerks may create a community resource list of crisis intervention, mental

health, substance abuse, interpreter, counseling, and other relevant resources serving the county in

which the court is located. The court may make the community resource list available as part of

or in addition to the informational brochures described in subsection (a) of this section.

     (h) The administrative office of the courts shall distribute a master copy of the petition

and order forms, instructions, and informational brochures to all court clerks and shall distribute a

master copy of the petition and order forms to all state courts. Distribution of all documents shall,

at a minimum, be in an electronic format or formats accessible to all courts and court clerks in the

state.

     (i) The administrative office of the courts shall determine the significant non-English

speaking or limited English speaking populations in the state. The administrator shall then

arrange for translation of the instructions and informational brochures required by this section,

which shall contain a sample of the standard petition and order for protection forms, into the

languages spoken by those significant non-English speaking populations and shall distribute a

master copy of the translated instructions and informational brochures to all court clerks by

August 1, 2018.

     (j) The administrative office of the courts shall update the instructions, brochures,

standard petition and extreme risk protection order forms, and court staff handbook as necessary,

including when changes in the law make an update necessary.

     SECTION 2. Section 11-47-5 of the General Laws in Chapter 11-47 entitled "Weapons"

is hereby amended to read as follows:

     11-47-5. Possession of firearms by certain persons prohibited.

     (a) No person shall purchase, own, carry, transport, or have in his or her possession any

firearm if that person:

     (1) Has been convicted in this state or elsewhere of a crime of violence;

     (2) Is a fugitive from justice;

     (3) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted

of an offense punishable as a felony under § 12-29-5; or

     (4) Has, in this state or elsewhere, entered a plea of nolo contendere to or been convicted

of any of the following offenses punishable as a misdemeanor under § 12-29-5:

     (i) Simple assault (§ 11-5-3);

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     (ii) Cyberstalking and cyberharassment (§ 11-52-4.2);

     (iii) Violation of a protective order (as set forth in § 12-29-2(a)(10); or

     (iv) Disorderly conduct (§ 11-45-1).

     (A) A disorderly conduct conviction shall result in prohibition under this section if and

only if the offense involves the use or attempted use of force or the threatened use of a dangerous

weapon.

     (5) The provisions of this subsection shall apply to all persons who enter a plea of nolo

contendere to or have been convicted of any of the offenses specified in subsections (a)(3) and

(a)(4) of this section, unless and until that person's matter has been expunged, or upon the

completion of the sentence of a one-year filing, or the end of a one-year probationary period that

no longer constitutes a conviction pursuant to § 12-18-3.

     (b) No person shall purchase, carry, transport, or have in his or her possession any

firearm if that person is subject to an order issued pursuant to chapter 15 of title 15, chapter 8.1 of

title 8, or an equivalent order in this state or elsewhere, which order was issued after the person

restrained has received notice of the proceedings and had an opportunity to be heard.

     (c) No person shall purchase, carry, transport, or have in their possession any firearm if

that person is subject to any extreme risk protection order, including a temporary extreme risk

protection order issued pursuant to chapter 8.3 of title 8. Also, no person shall knowingly provide

a firearm to a person subject to an extreme risk protection order, including a temporary extreme

risk protection order, issued pursuant to chapter 8.3 of title 8.

     (c)(d) No person who is in community confinement pursuant to the provisions of § 42-56-

20.2, or who is otherwise subject to electronic surveillance or monitoring devices as a condition

of parole, shall purchase, carry, transport, or have in his or her possession any firearm. This

subsection shall not apply to any person who has not been convicted of (or pleaded guilty or nolo

contendere to) a crime of violence in a court of competent jurisdiction.

     (d)(e) Every person violating the provisions of this section shall, upon conviction, be

punished by imprisonment for not less than two (2) nor more than ten (10) years; and for

penalties provided in this section he or she shall not be afforded the benefit of suspension or

deferment of sentence nor of probation. In addition, a person in violation of the provisions of

subsection (c) of this section may also be punished by a fine of up to ten thousand dollars

($10,000).

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- EXTREME RISK

PROTECTION ORDERS -- CRIMINAL OFFENSES -- WEAPONS

***

     This act would provide the superior courts with authority to issue "extreme risk

protection orders" when the court finds the subject of the order is an imminent danger to cause

personal injury to self or others by having access to a firearm. The act would also provide that a

person subject to an extreme risk protection order surrender all firearms and carry permits while

subject to such an order.

     This act would take effect upon passage.

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