2023 -- H 5360

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LC001034

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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:

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

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

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     8-8.3-4. Temporary orders — Proceedings.

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

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

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

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

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notice can be served and a hearing held.

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

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

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

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chapter 5 of title 12.

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

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be filed before any available superior court judge.

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

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

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

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of this chapter.

 

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

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

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

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

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pursuant to § 8-8.3-5 at a hearing;

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

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should be filed;

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

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

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

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

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

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

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

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

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11-47-11 or § 11-47-18. While this order is in effect, it is illegal for you to have any firearm in your

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possession, custody, or control or for you to purchase, receive, or attempt to purchase or receive

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any firearm. You may seek the advice of an attorney as to any matter connected with this order. If

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

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

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

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

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

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     (f) The court shall schedule a hearing within fourteen (14) days of the issuance of a

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

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should be issued under this chapter.

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

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

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

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protection order. Alternative service shall be in accordance with § 8-8.3-6. Service issued under

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this section takes precedence over the service of other documents, unless the other documents are

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of a similar emergency nature. If timely personal service cannot be made, the court shall set a new

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hearing date and shall require additional attempts at obtaining personal service or permit alternative

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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

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state in writing the reasons for the denial.

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

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

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

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

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

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

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

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

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extreme risk protection order issued under this chapter.

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

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

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

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

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

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

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

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

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

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

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same documents to the petitioner.

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

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

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

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service may include, but shall not be limited to: service by certified and regular mail at respondent’s

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last-known address or place of employment; leaving copies at the respondent’s dwelling or usual

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place of abode with a person of suitable age and discretion residing therein; or by affixing a

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

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

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

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

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

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upon the respondent.

 

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

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

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personally served.

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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 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

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

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

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

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electronic means.

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     This act would take effect upon passage.

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