HB 4031

Bill Subjects

Appropriations Crimes And Offenses Generally Criminal Procedure Weapons

Abstract

Creates a procedure by which any law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge in the jurisdiction where the subject of the petition resides for an emergency severe threat order of protection. The bill provides that such order may be issued upon a finding that there is probable cause to believe a person poses a significant danger of imminently causing death or serious physical injury to himself or others. The order allows a law-enforcement officer to take such person into custody and notify the respondent that a hearing will be held to determine if clear and convincing evidence exists that the respondent poses a significant danger of causing death or serious physical injury to himself or others. If the respondent declines to have a hearing, the law-enforcement officer shall transport the person to be evaluated by a person designated by the locality's community services board. The evaluation must be completed within 72 hours and a hearing held as soon as practicable after the court receives the evaluation results. If the court then finds by clear and convincing evidence that the respondent poses a significant danger of imminently causing death or serious physical injury to himself or others, the court must issue an emergency severe threat order of protection for up to 14 days. If an emergency severe threat order of protection is issued and the respondent possesses any firearms, the respondent must provide the court with the name of a responsible custodian to take possession of all firearms that the respondent possesses or the responsible custodian shall transfer them to a local law-enforcement agency or federally licensed firearms dealer. Seized firearms will be retained by a law-enforcement agency for the duration of an emergency severe threat order of protection. The bill provides that a person who is subject to an emergency severe threat order of protection, until such order has expired or been dissolved by a court, is guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; is disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of an order is guilty of a Class 4 felony.