CS/C/SHB 27 EXTREME RISK PROTECTION ORDER CHANGES

Rep Joy Garratt

Actions: HPREF [1] not prntd-HRC [2] w/drn-prntd-ref- HCPAC/HJC-HCPAC [3] DNP-CS/DP-HJC [5] DNP-CS/DP-T

Scheduled: Not Scheduled

 House Bill 27 (HB 27) amends the Extreme Risk Firearm Protection Order Act by allowing health care professionals to request petitions for firearm protection orders, provides an expedited process for temporary orders to be issued at all times, requires immediate relinquishment of firearms upon service of an order, and allows law enforcement agencies to destroy, sell or transfer unclaimed firearms.  

 House Bill 27 (HB 27) makes substantive and stylistic changes to the Extreme Risk Firearm Protection Order Act (Act).  
First, HB 27 amends definitions in the Act.  The definition of “law enforcement agency” now includes the police department of a municipality, instead of the police department of a city or town.  A “law enforcement officer” is amended to mean a full-time salaried and commissioned or certified law enforcement officer of a police or sheriff’s department, a change from the current law that defines a law enforcement officer as a public official or public officer with the power to make arrest.   The bill then amends the definition of a “reporting party” to include a licensed health care professional, thereby allowing health care professionals to request petitions for firearm protection orders.  The bill also removes certain specific relatives from the definition of a “reporting party”.

HB 27 provides an expedited process for temporary orders to be issued at all times.  The bill allows a law enforcement officer to petition a court orally for a firearm protection order, so long as the officer has good cause and a written petition is filed within 24 hours of the oral petition. A district judge must be available to review a petition at all times, and a domestic violence special commissioner may review a petition.  The bill changes the permissive language in current law that a judge “may” issue a temporary extreme risk firearm protection order, and instead requires a judge to issue such an order. The bill adds the requirement that a judge to immediately review a filed petition under the Act and “must” issue a temporary extreme risk protection order if there is probable cause.   If a court declines to issue a temporary extreme risk firearm protection order, the court must dismiss the petition without prejudice, meaning the petition can be filed again.  Currently, the court can only deny the petition. 

The bill requires immediate relinquishment of firearms upon service of an order or as directed by the court.  Currently, such firearms must be relinquished within 48 hours.  The bill allows a law enforcement officer, who has probable cause that a respondent is in violation of an extreme risk firearm protection order, to request (orally or in writing) a search warrant from the court that issued the order. 
The bill changes the procedure for when a law enforcement officer declines to file a requested petition.  Currently, the officer must file with the sheriff a notice that the officer is declining to file a petition.  HB 27 removes this requirement and replaces it with the requirement that the officer must immediately notify the reporting party of the officer’s decision and must provide the reporting party a written notice within 48 hours.  

HB 27 removes references to a “one-year” extreme risk firearm protection order, and instead provides that an extreme risk protection order expires 365 days after issuance. 

The bill removes the requirement that the clerk of the court provide a copy of the order to any law enforcement agency and forward a copy of any order issued, renewed or terminated to the petitioner and law enforcement agency. The bill also removes the requirement that when an order expires or is terminated, and upon written request, the law enforcement agency must provide a sworn affidavit to the respondent affirming that the information in the order has been removed from all state databases and has notified the national instant criminal background check system and all federal databases.  

HB 27 allows law enforcement agencies to destroy, sell or transfer unclaimed firearms. After notice to the respondent, a law enforcement agency in possession of a firearm pursuant to the Act may destroy, sell or transfer the firearm if it remains unclaimed after 365 days from the date of the notice. A person other than a respondent can claim the firearm upon receipt of written proof of ownership.   

 Currently, health care professionals cannot request petitions for firearm protection orders. The current law defines a law enforcement officer as a public official with the power to make an arrest, and there is no requirement that a judge immediately review a petition.  Current law requires firearms to be relinquished within 48 hours and requires an officer who declines to file a petition to notify only the sheriff.  Current law does not allow law enforcement agencies to destroy, sell or transfer unclaimed firearms. 


 

 On January 30, 2024, the HJCcs/ HCPACcs/ HB 27 made the following changes to the HPAC committee substitute:
•	Reinstates law enforcement officers as reporting parties
•	Clarifies that when the respondent for a firearm protection order is a law enforcement officer, the petitioner in the case is an attorney employed by a district attorney or the attorney general
•	Removes the ability to petition the court orally for a firearm protection order
•	Adds that when a respondent to request to terminate an order, the court must schedule a hearing 
•	Adds that upon receipt of a copy of an order, the petitioner must notify the Department of Public Safety (DPS), who enters the order into databases
•	Provides that the petitioner, not the court, must notify DPS when the order terminates


The House Consumer and Public Affairs Committee Substitute for HB 27 makes the following changes to the original bill:
•	Removes the ability for law enforcement officers to request petitions for Extreme Risk Firearm Protection Orders
•	Defines “health care professional” as a person licensed pursuant to the Medical Practice Act, Nursing Practice Act, Physician Assistant Act, Professional Psychologist Act, Counseling and Therapy Practice Act, and Social Work Practice Act. 
•	Includes a university’s police department in the definition of “law enforcement agency”.
•	Reinstates the list of relatives who can be considered a “reporting party” to request a petition
•	Adds that venue for a petition can also be in the county where the respondent’s conduct gave rise to the facts supporting the petition or the county where the respondent’s firearms may be found.  Currently, venue is only in the county where the respondent resides.
•	Removes language from the original bill that a chief district court judge may appoint a domestic violence special commissioner to review a petition.
•	Removes language from the original bill that a temporary order include a description of the firearm subject to relinquishment.
•	Clarifies that upon receipt of an extreme risk firearm protection order, a law enforcement agency must enter the order into databases used by the agency.