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SECOND REGULAR SESSION
SENATE BILL NO. 1497
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOSLEY .
3375S.01I KRISTINA MARTIN, Secretary
AN ACT
To 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 1
one new section, to be known as section 455.096, to read as 2
follows:3
455.096. 1. In addition to any other jurisdictional 1
grounds provided by law, a court shall have jurisdiction to 2
enter an extreme risk order of protection restraining or 3
enjoining the respondent from possessing any firearms. 4
2. (1) Upon the filing of a verified petition by a 5
parent, teacher, or school administrator of the respondent 6
or a law enforcement officer or agency pursuant to this 7
section, and for good cause shown in the petition, the court 8
may immediately issue an ex parte order of protection. An 9
immediate and present danger of the respondent causing 10
personal injury to himself or herself or others shall 11
constitute good cause shown for purposes of this section. 12
An ex parte order of protection entered by the court shall 13
take effect when entered and shall remain in effect until 14
there is valid service of process and a hearing is held on 15
the motion within fifteen days of the filing of the petition. 16
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(2) Failure to serve an ex parte order of protection 17
on the respondent shall not affect the validity or 18
enforceability of such order. If the respondent is less 19
than eighteen years of age, unless otherwise emancipated, 20
service of process shall be made upon a custodial parent or 21
guardian of the respondent, or upon a guardian ad litem 22
appointed by the court, requiring that the person appear and 23
bring the respondent before the court at the time and place 24
stated. 25
(3) If an ex parte order is entered and the respondent 26
is less than eighteen years of age, the court shall transfer 27
the case to juvenile court for a hearing on a full order of 28
protection. The court shall appoint a guardian ad litem for 29
any such respondent not represented by a parent or guardian. 30
3. Upon issuance of any ex parte order of protection 31
under subsection 2 of this section, the court shall order 32
the respondent to surrender to the local law enforcement 33
agency where the respondent resides, all firearms in the 34
respondent's custody, control, or possession. The law 35
enforcement officer serving any ex parte order of protection 36
shall provide the respondent to the order an opportunity to 37
comply with the order by surrendering all firearms in his or 38
her custody, control, or possession. If the respondent does 39
not comply, the law enforcement officer serving the order 40
shall conduct a lawful search and seizure of any firearms of 41
the respondent and in any area where probable cause exists 42
that a firearm to be surrendered pursuant to the order is 43
located. The law enforcement agency shall hold all 44
surrendered firearms until a hearing is held on the petition 45
for the extreme risk order of protection. 46
4. Not later than fifteen days after the filing of a 47
verified petition that meets the requirements of this 48
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section, a hearing shall be held unless the court deems, for 49
good cause shown, that a continuance should be granted. At 50
the hearing, if the petitioner has proved the allegation 51
that the respondent poses a significant danger to himself or 52
herself or others by a preponderance of the evidence, the 53
court shall issue a full extreme risk order of protection 54
for a period of time of one year. 55
5. Upon issuance of any full extreme risk order of 56
protection under subsection 4 of this section, the court 57
shall order the respondent to surrender to the local law 58
enforcement agency where the respondent resides, all 59
firearms in the respondent's custody, control, or 60
possession. If the respondent has been identified in the 61
petition as being required to carry a firearm as a condition 62
of the respondent's employment, the court shall notify the 63
respondent's employer of the existence of the order. If the 64
respondent holds a concealed carry permit pursuant to 65
section 571.101, the court shall order a revocation of the 66
concealed carry permit. 67
(1) The law enforcement officer serving any extreme 68
risk order of protection shall provide the respondent to the 69
order an opportunity to comply with the order by 70
surrendering all firearms in his or her custody, control, or 71
possession. If the respondent does not comply, the law 72
enforcement officer serving the order shall: 73
(a) Conduct a lawful search of the respondent and any 74
area where probable cause exists that a firearm to be 75
surrendered pursuant to the order is located; and 76
(b) Take possession of all firearms belonging to the 77
respondent that are surrendered, in plain sight, or 78
discovered pursuant to a lawful search conducted pursuant to 79
paragraph (a) of this subdivision. 80
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(2) If personal service by a law enforcement officer 81
is not possible, or not required because the respondent was 82
present at the extreme risk order of protection hearing, the 83
respondent shall surrender the firearms in a safe manner to 84
the control of the local law enforcement agency within forty- 85
eight hours of being served with the order by alternate 86
service or within forty-eight hours of the hearing or final 87
decision at which the respondent was present. 88
(3) At the time of surrender, a law enforcement 89
officer taking possession of a firearm shall issue a receipt 90
identifying all firearms that have been surrendered and 91
provide a copy of the receipt to the respondent. Within 92
seventy-two hours after service of the order, the officer 93
serving the order shall file the original receipt with the 94
court and shall ensure that his or her law enforcement 95
agency retains a copy of the receipt. 96
(4) Upon the sworn statement or testimony of any law 97
enforcement officer alleging that the respondent has failed 98
to comply with the surrender of firearms as required by an 99
order issued under this subsection and subsection 3 of this 100
section, the court shall determine whether probable cause 101
exists to believe that the respondent has failed to 102
surrender all firearms in his or her possession, custody, or 103
control. If probable cause exists, the court shall issue a 104
warrant describing the firearms and authorizing a search of 105
the locations where the firearms are reasonably believed to 106
be and the seizure of any firearms discovered pursuant to 107
such search. 108
(5) If a person other than the respondent claims title 109
to any firearms surrendered pursuant to this subsection and 110
subsection 3 of this section, and he or she is determined by 111
the law enforcement agency to be the lawful owner of the 112
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firearm, the firearm shall be returned to him or her, 113
provided that: 114
(a) The firearm is removed from the respondent's 115
custody, control, or possession and the lawful owner agrees 116
to store the firearm in a manner such that the respondent 117
does not have access to or control of the firearm; and 118
(b) The firearm is not otherwise unlawfully possessed 119
by the owner. 120
(6) A respondent to an extreme risk order of 121
protection may file a motion to modify or rescind that order 122
of protection. The respondent may request a hearing on such 123
a motion with the court that issued the original extreme 124
risk order of protection. The court shall conduct a hearing 125
on the motion to modify or rescind an extreme risk order of 126
protection within fifteen days after the motion is filed. 127
At the hearing, if the respondent has proved by a 128
preponderance of the evidence that the extreme risk order of 129
protection should be modified or rescinded, the court shall 130
modify or rescind the extreme risk order of protection. 131
6. If an extreme risk order of protection is 132
terminated or expires without renewal, a law enforcement 133
agency holding any firearm that has been surrendered 134
pursuant to subsections 3 and 5 of this section shall return 135
any surrendered firearm requested by a respondent only after 136
confirming, through a background check administered by the 137
state highway patrol under section 43.543, that the 138
respondent is currently eligible to own or possess firearms 139
under federal and state law and after confirming with the 140
court that the extreme risk order of protection has 141
terminated or has expired without renewal. 142
7. (1) The petitioner may renew the extreme risk 143
order of protection if probable cause is shown that the 144
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respondent continues to pose a significant risk of personal 145
injury to himself or herself or others by possessing a 146
firearm. The extreme risk order of protection may be 147
renewed for up to one year from the expiration of the 148
preceding extreme risk order of protection. Written notice 149
of a hearing on the motion to renew an extreme risk order of 150
protection shall be given to the respondent by the court. 151
(2) A law enforcement agency shall, if requested, 152
provide prior notice of the return of a firearm to a 153
respondent to family or household members of the respondent. 154
(3) Any firearm surrendered by a respondent pursuant 155
to subsections 3 and 5 of this section that remains 156
unclaimed by the lawful owner shall be disposed of in 157
accordance with the law enforcement agency's policies and 158
procedures for the disposal of firearms in police custody. 159
8. The clerk of any court that issues an extreme risk 160
order of protection shall send the local law enforcement 161
agency a copy of the order issued by that court within forty- 162
eight hours of the court issuing the order. Upon receiving 163
an extreme risk order of protection, the local law 164
enforcement agency shall enter the extreme risk order of 165
protection into the Missouri uniform law enforcement system 166
(MULES) within forty-eight hours of receiving notice of the 167
order. 168
9. A violation of the terms and conditions of an ex 169
parte order of protection pursuant to this section of which 170
the respondent has notice, shall be a class A misdemeanor 171
unless the respondent has previously pleaded guilty to or 172
has been found guilty in any division of the circuit court 173
of violating an ex parte order of protection or a full order 174
of protection within five years of the date of the 175
subsequent violation, in which case the subsequent violation 176
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shall be a class E felony. Evidence of prior pleas of 177
guilty or findings of guilt shall be heard by the court out 178
of the presence of the jury prior to submission of the case 179
to the jury. If the court finds the existence of such prior 180
pleas of guilty or findings of guilt beyond a reasonable 181
doubt, the court shall decide the extent or duration of 182
sentence or other disposition and shall not instruct the 183
jury as to the range of punishment or allow the jury to 184
assess and declare the punishment as a part of its verdict. 185
10. A violation of the terms and conditions of a full 186
order of protection pursuant to this section shall be a 187
class A misdemeanor, unless the respondent has previously 188
pleaded guilty to or has been found guilty in any division 189
of the circuit court of violating an ex parte order of 190
protection or a full order of protection within five years 191
of the date of the subsequent violation, in which case the 192
subsequent violation shall be a class E felony. Evidence of 193
prior pleas of guilty or findings of guilt shall be heard by 194
the court out of the presence of the jury prior to 195
submission of the case to the jury. If the court finds the 196
existence of such prior plea of guilty or finding of guilt 197
beyond a reasonable doubt, the court shall decide the extent 198
or duration of the sentence or other disposition and shall 199
not instruct the jury as to the range of punishment or allow 200
the jury to assess and declare the punishment as a part of 201
its verdict. For the purposes of this subsection, in 202
addition to the notice provided by actual service of the 203
order, a party is deemed to have notice of an order of 204
protection if: 205
(1) The law enforcement officer responding to a call 206
of a reported violation of an order of protection presented 207
a copy of the order of protection to the respondent; or 208
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(2) Notice is given by actual communication to the 209
respondent in a manner reasonably likely to advise the 210
respondent. 211
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