2023 -- H 5360

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

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

PROTECTION ORDERS

     Introduced By: Representatives Felix, Edwards, Solomon, Kazarian, Casey, Alzate, Cruz,
Kislak, Bennett, and Henries

     Date Introduced: February 03, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 8-8.3-4 and 8-8.3-6 of the General Laws in Chapter 8-8.3 entitled

"Extreme Risk Protection Orders" are hereby amended to read as follows:

     8-8.3-4. Temporary orders — Proceedings.

     (a) Upon the filing of a petition under this chapter, the court may enter a temporary order

if the court finds there is probable cause from specific facts shown by the petition that the

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

having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm before

notice can be served and a hearing held.

     (b) If the court finds probable cause under subsection (a) of this section and from the sworn

affidavit, a search warrant shall issue pursuant to chapter 5 of title 12 for the search for any firearms

in the possession, custody, or control of the respondent. The warrant shall be executed pursuant to

chapter 5 of title 12.

     (c) When the court is unavailable after the close of business, a petition and affidavit may

be filed before any available superior court judge.

     (d) Any order and warrant issued under this section, and any documentation in support of

an order and warrant, shall be filed immediately with the clerk of the superior court. The filing shall

have the effect of commencing proceedings under this chapter and invoking the other provisions

of this chapter.

     (e) 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) A statement that the order shall continue until such time as a court considers the petition

pursuant to § 8-8.3-5 at a hearing;

     (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) The following statement: “To the subject of this protection order: This order will

continue until the hearing scheduled on the date and time noted above. If any of your firearms have

not been seized by the petitioner, you are under an obligation to immediately contact the petitioner

to arrange for the surrender of any other firearms that you own and/or are in your custody, control,

or possession, that have not been seized. You must surrender to the petitioner all firearms that you

own and/or are in your custody, control, or possession, and also immediately surrender to the

licensing authority or the attorney general any concealed carry permit issued to you pursuant to §

11-47-11 or § 11-47-18. 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. If

you believe you cannot afford an attorney, you are hereby referred to the public defender for an

intake interview, and if eligible, the court shall appoint an attorney for you.”

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

continue until the time of the hearing pursuant to § 8-8.3-5. If the court continues a hearing pursuant

to § 8-8.3-5, the temporary order shall remain in effect until the next hearing date.

     (f) The court shall schedule a hearing within fourteen (14) 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.

     (g) A temporary extreme risk protection order shall be immediately personally served by

the petitioner, consistent with the provisions of § 8-8.3-6, along with supporting documents that

formed the basis of the order, the notice of hearing, and the petition for the one-year extreme

protection order. Alternative service shall be in accordance with § 8-8.3-6. 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 additional attempts at obtaining personal service or permit alternative

service as provided in this chapter.

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

state in writing the reasons for the denial.

     8-8.3-6. Service of one-year extreme risk protection orders.

     (a) A one-year extreme risk protection order issued under this chapter shall be personally

served upon the respondent by the division of sheriffs. Provided, the division of sheriffs may

request the assistance of the state police with the service as needed. If the division of sheriffs cannot

complete service of the one-year extreme risk protection order upon the respondent within seven

(7) days of the order’s issuance, the deputy sheriff shall notify the petitioner and the court. The

petitioner shall then seek an order for alternative service pursuant to this chapter. The division of

sheriffs shall not charge or accept any fee for effectuation of service of any temporary or one-year

extreme risk protection order issued under this chapter.

     (1) Any law enforcement agency that has a petition for a temporary or one-year extreme

risk protection order granted under this chapter may transmit a copy of any documents that must

be served including, but not limited to, any orders, affidavits, or any other documents required to

be served on the respondent, to the division of sheriffs by email, facsimile or other electronic means.

Any such documents, provided that they contain a seal of the court in which they were filed, so

transmitted, shall be considered true and accurate copies and the division of sheriffs shall not

require that hard or paper copies be hand delivered to its office before effectuating service.

     (2) After serving the respondent under subsection (a) of this section, the division of sheriffs

shall promptly transfer a copy of the documents so served as well as the proof of service to the

court from which the order was issued. The division of sheriffs shall also transfer a copy of the

same documents to the petitioner.

     (b) If the court determines that after diligent effort, personal service on the respondent with

or of any documents as required pursuant to this chapter cannot be made, then the court may order

an alternative method of service designed to give reasonable notice to the respondent. Alternative

service may include, but shall 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 affixing a

summons to the door of the respondent’s residence. Provided, due to the nature of these

proceedings, notice shall not be given by publication in a newspaper.

     (c) In the event personal service of any order, notice, or other document issued pursuant to

this chapter cannot be obtained, the court shall have discretion to continue any extreme risk

protection order, and hearing thereon, as the court deems appropriate, until service can be made

upon the respondent.

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     (d) Upon receipt of alternative service of any order, notice, or other document issued

pursuant to this chapter, the respondent shall comply with the order, notice, or document as if

personally served.

     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 COURTS AND CIVIL PROCEDURE--COURTS -- EXTREME RISK

PROTECTION ORDERS

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     This act would prohibit the division of sheriffs from charging or accepting any fees from

any Rhode Island law enforcement agency for effectuation of service of any temporary or one-year

extreme risk protection order. It would also require the division of sheriffs to accept transmission

of extreme risk protection documents, petitions and summons, by email, facsimile or other

electronic means.

     This act would take effect upon passage.

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