Creates extreme risk orders of protection

SECOND REGULAR SESSION
HOUSE BILL NO. 2193
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BUTZ.
581 1H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 455, RSMo, by adding thereto one new section relating to extreme risk
orders of protection, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 455, RSMo, is amended by adding thereto one new section, to be
2 known as section 455.096, to read as follows:
455.096. 1. In addition to any other jurisdictional grou nds pr ovided by law , a
2 court shall have jurisdiction to enter an extr eme risk order of pr otection r estraining or
3 enjoining a res pondent fr om possessing any fir earms.
4 2. (1) Upon the filing of a verified petition by a law enforcem ent officer or
5 agency under this section, and for good cause shown in the petition, the court may
6 immediately issue an ex parte order of protecti on. An immediate and pr esent danger of
7 the r espondent causing personal injury to himself or herself or others shall constitute
8 good cause shown for purposes of this section. An ex parte order of pr otection enter ed
9 by the court shall take effect when enter ed and shall r emain in effect until ther e is valid
10 service of pro cess and a hearing is held on the motion within fifteen days of the filing of
11 the petition.
12 (2) Failur e to serve an ex parte order of pr otection on the r espondent shall not
13 affect the validity or enforceab ility of such order . If the r espondent is under eighteen
14 years of age, unless otherwise emancipated, service of pr ocess shall be made upon a
15 custodial pare nt or guardian of the r espondent, or upon a guardian ad litem appointed
16 by the court, req uiring that the person appear and bring the r espondent befor e the
17 court at the time and place stated.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (3) If an ex parte order is enter ed and the res pondent is under eighteen years of
19 age, the court shall transfer the case to juvenile court for a hearing on a full order of
20 pr otection. The court shall appoint a guardian ad litem for any such r espondent not
21 r epresent ed by a par ent or guardian.
22 (4) The law enforce ment officer or agency shall be r esponsible for pr oviding
23 notice to a family or household member of the r espondent and to any known third party
24 who may be at risk of violence. The notice shall state that the law enforcem ent officer or
25 agency intends to petition the court for an extr eme risk order of pr otection or has
26 alr eady done so, and include ref errals to appr opriate res our ces, including mental health,
27 domestic violence, and counseling r esources . The law enforcem ent officer or agency
28 shall attest in the petition to having provi ded such notice, or attest to the steps that shall
29 be taken to pr ovide such notice.
30 3. Upon issuance of any ex parte order of protecti on under subsection 2 of this
31 section, the court shall order the res pondent to surrend er to the local law enforcem ent
32 agency wher e the res pondent r esides all fir earms in the responde nt's custody , contro l, or
33 possession. The law enfor cement officer serving any ex parte order of pr otection shall
34 pr ovide the r espondent to the order an opportunity to comply with the order by
35 surr endering all fir earms in his or her custody , control , or possession. If the res pondent
36 does not comply , the law enfor cement officer serving the order shall conduct a lawful
37 sear ch and seizure of any fir earms of the res pondent and in any area wher e pr obable
38 cause exists that a fir earm to be surrender ed under the order is located. The law
39 enfor cement agency shall hold all surrend ered fir earms until a hearing is held on the
40 petition for the extr eme risk order of pr otection. Such fir earms shall not be held for
41 mor e than one hundred twenty days unless the court issues a full extr eme risk order of
42 pr otection as prov ided in this section.
43 4. Not later than fifteen days after the filing of a verified petition that meets the
44 r equir ements of this section, a hearing shall be held unless the court deems, for good
45 cause shown, that a continuance should be granted. At the hearing, if the law
46 enfor cement officer or agency has pr oved the allegation that the r espondent poses a
47 significant danger to himself or herself or others by a pr eponderance of the evidence, the
48 court shall issue a full extr eme risk order of protect ion for a period of one year .
49 5. (1) Upon issuance of any full extr eme risk order of protect ion under
50 subsection 4 of this section, the court shall order the res pondent to surr ender to the local
51 law enforcem ent agency wher e the res pondent res ides all fir earms in the r espondent's
52 custody , control, or possession. If the r espondent has been identified in the petition as
53 being re quir ed to carry a fir earm as a condition of the res pondent's employment, the
54 court shall notify the res pondent's employer of the existence of the order . If the
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55 r espondent holds a concealed carry permit under section 571.101, the court shall order a
56 r evocation of the concealed carry permit.
57 (2) The law enfor cement officer serving any extr eme risk order of protecti on
58 shall pr ovide the res pondent to the order an opportunity to comply with the order by
59 surr endering all fir earms in his or her custody , control , or possession. If the res pondent
60 does not comply , the law enforcem ent officer serving the order shall:
61 (a) Conduct a lawful sear ch of the res pondent and any ar ea wher e pr obable
62 cause exists that a fir earm to be surrende red under the order is located; and
63 (b) T ake possession of all fir earms belonging to the r espondent that are
64 surr ender ed in plain sight or discover ed under a lawful sear ch conducted under
65 paragraph (a) of this subdivision.
66 (3) If personal service by a law enforcem ent officer is not possible or not
67 r equir ed because the r espondent was present at the extr eme risk order of protecti on
68 hearing, the r espondent shall surr ender the fir earms in a safe manner to the control of
69 the local law enforcem ent agency within forty-eight hours of being served with the order
70 by alternate service or within forty-eight hours of the hearing or final decision at which
71 the res pondent was pr esent.
72 (4) At the time of surren der , a law enfor cement officer taking possession of a
73 fir earm shall issue a receip t identifying all fir earms that have been surren dered and
74 pr ovide a copy of the receipt to the res pondent. Within seventy-two hours after service
75 of the order , the officer serving the order shall file the original receip t with the court and
76 shall ensur e that his or her law enfor cement agency ret ains a copy of the receip t.
77 (5) Upon the sworn statement or testimony of any law enforcem ent officer
78 alleging that the r espondent has failed to comply with the surrend er of fir earms as
79 r equir ed by an order issued under this subsection and subsection 3 of this section, the
80 court shall determine whether pr obable cause exists to believe that the res pondent has
81 failed to surrende r all fir earms in his or her possession, custody , or contr ol. If pr obable
82 cause exists, the court shall issue a warrant describing the fir earms and authorizing a
83 sear ch of the locations where the fir earms are r easonably believed to be and the seizur e
84 of any fir earms discover ed pursuant to such sear ch.
85 (6) If a person other than the r espondent claims title to any fir earms
86 surr ender ed under this subsection and subsection 3 of this section and he or she is
87 determined by the law enforcem ent agency to be the lawful owner of the fir earm, the
88 fir earm shall be retu rned to him or her , pro vided that:
89 (a) The fir earm is r emoved fr om the res pondent's custody , control , or possession
90 and the lawful owner agrees to stor e the fir earm in a manner such that the res pondent
91 does not have access to or control of the fir earm; and
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92 (b) The fir earm is not otherwise unlawfully possessed by the owner .
93 (7) A responde nt to an extr eme risk order of pro tection may file a motion to
94 modify or r escind that order of protecti on. The res pondent may r equest a hearing on
95 such a motion with the court that issued the original extr eme risk order of pr otection.
96 The court shall conduct a hearing on the motion to modify or res cind an extr eme risk
97 order of pr otection within fifteen days after the motion is filed. At the hearing, if the
98 r espondent has pr oved by a prep onderance of the evidence that the extr eme risk order
99 of pr otection should be modified or r escinded, the court shall modify or re scind the
100 extr eme risk order of protect ion.
101 6. If an extr eme risk order of protecti on is terminated or expir es without
102 r enewal, a law enforcem ent agency holding any fir earm that has been surrender ed
103 under subsections 3 and 5 of this section shall re turn any surren dered fir earm reque sted
104 by a r espondent only after confirming thr ough a backgr ound check administered by the
105 state highway patrol under section 43.543 that the res pondent is curr ently eligible to
106 own or possess fir earms under federal and state law and after confirming with the court
107 that the extr eme risk order of protecti on has terminated or has expir ed without renew al.
108 7. (1) The law enforcem ent officer or agency may r enew the extr eme risk order
109 of protect ion if pr obable cause is shown that the res pondent continues to pose a
110 significant risk of personal injury to himself or herself or others by possessing a fir earm.
111 The extr eme risk order of pr otection may be renewed for up to one year fro m the
112 expiration of the pre ceding extr eme risk order of pr otection. Wr itten notice of a
113 hearing on the motion to rene w an extr eme risk order of pr otection shall be given to the
114 r espondent by the court.
115 (2) A law enforcem ent agency shall, if requ ested, pro vide prior notice of the
116 r eturn of a fir earm to a r espondent or to family or household members of the
117 r espondent.
118 (3) Any fir earm surren dered by a re spondent under subsections 3 and 5 of this
119 section that r emains unclaimed by the lawful owner shall be disposed of in accordance
120 with the law enforcem ent agency's policies and proce dures for the disposal of fir earms
121 in police custody .
122 8. The clerk of any court that issues an extr eme risk order of pr otection shall
123 send the Missouri state highway patr ol a copy of the order issued by that court within
124 forty-eight hours of the court issuing the order . Upon rece iving an extr eme risk order of
125 pr otection, the Missouri state highway patrol shall enter the extr eme risk order of
126 pr otection into the Missouri uniform law enforcem ent system (MULES) within forty-
127 eight hours of rec eiving notice of the order .
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128 9. A violation of the terms and conditions of an ex parte order of protecti on
129 under this section of which the res pondent has notice shall be a class A misdemeanor
130 unless the res pondent has pr eviously pled guilty to or has been found guilty in any
131 division of the cir cuit court of violating an ex parte order of protecti on or a full order of
132 pr otection within five years of the date of the subsequent violation, in which case the
133 subsequent violation shall be a class E felony . Evidence of prior pleas of guilty or
134 findings of guilt shall be heard by the court out of the pr esence of the jury prior to
135 submission of the case to the jury . If the court finds the existence of such prior pleas of
136 guilty or findings of guilt beyond a r easonable doubt, the court shall decide the extent or
137 duration of sentence or other disposition and shall not instruct the jury as to the range
138 of punishment or allow the jury to assess and declar e the punishment as a part of its
139 verdict.
140 10. A violation of the terms and conditions of a full order of pr otection under this
141 section shall be a class A misdemeanor unless the r espondent has pr eviously pled guilty
142 to or has been found guilty in any division of the circui t court of violating an ex parte
143 order of pr otection or a full order of protect ion within five years of the date of the
144 subsequent violation, in which case the subsequent violation shall be a class E felony .
145 Evidence of prior pleas of guilty or findings of guilt shall be heard by the court out of the
146 pr esence of the jury prior to submission of the case to the jury . If the court finds the
147 existence of such prior plea of guilty or finding of guilt beyond a r easonable doubt, the
148 court shall decide the extent or duration of the sentence or other disposition and shall
149 not instruct the jury as to the range of punishment or allow the jury to assess and
150 declar e the punishment as a part of its verdict. For the purposes of this subsection, in
151 addition to the notice pr ovided by actual service of the order , a party is deemed to have
152 notice of an order of protect ion if:
153 (1) The law enforcem ent officer res ponding to a call of a reported violation of an
154 order of pro tection present ed a copy of the order of pr otection to the res pondent; or
155 (2) Notice is given by actual communication to the res pondent in a manner
156 r easonably likely to advise the re spondent.
✔
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