AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- EXTREME RISK PROTECTION ORDERS (Requires a court considering evidence for the issuance of a temporary emergency protective order to cause the respondent to be taken into protective custody by law enforcement and sent to an emergency room of any hospital, pursuant to § 40.1-5-7.1.)

S3038

2026 -- S 3038
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- EXTREME RISK PROTECTION
ORDERS

Introduced By:
Senators Patalano, Dimitri, Appollonio, Urso, Burke, de la Cruz, and
Raptakis

Date Introduced:
March 05, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 8-8.3-4 of the General Laws in Chapter 8-8.3 entitled "Extreme Risk
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Protection Orders" is 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.
As part of that temporary order, the court shall also order
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that the respondent be taken into protective custody and taken to an emergency room of any
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hospital, pursuant to § 40.1-5-7.1.
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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 along with supporting documents that formed the basis of the order, the notice of
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hearing, and the petition for the one-year extreme protection order. Alternative service shall be in
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accordance with § 8-8.3-6. Service issued under this section takes precedence over the service of
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other documents, unless the other documents are of a similar emergency nature. If timely personal
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service cannot be made, the court shall set a new hearing date and shall require additional attempts

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at obtaining personal service or permit alternative 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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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 -- EXTREME RISK PROTECTION
ORDERS
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This act would require a court considering evidence for the issuance of a temporary
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emergency protective order to cause the respondent to be taken into protective custody by law
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enforcement and sent to an emergency room of any hospital, pursuant to § 40.1-5-7.1.
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This act would take effect upon passage.
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