I. be done in New Hampshire, but that work cannot come at the expense of the constitutional rights of our citizens. (b)  Evidence of the respondent having a serious mental illness or recurring mental health condition. [Veto Sustained 09/16/2020: Regular Calendar 182-156 Lacking Necessary Two-Thirds Vote] (j)  Whether the respondent, in this state or any other state, has been arrested for, convicted of, had adjudication withheld on, or pled nolo contendere to a crime involving violence or a threat of violence. Amend RSA by inserting after chapter 159-D the following new chapter: I. III. In a vote of 3-2 today, right along party lines, New Hampshire Senate Democrats voted to pass House Bill 687 – AN ACT relative to extreme risk protection orders. (b)  Under circumstances where the petitioner has requested an extension of the extreme risk protection order, pursuant to subsection 10 of this chapter, whether the petitioner has established by clear and convincing evidence that the respondent continues to pose a significant risk of causing bodily injury to himself or herself or others by having a firearm or any ammunition in his or her custody or control or by purchasing, possessing, or receiving a firearm or ammunition. 2  New Chapter; Extreme Risk Protection Orders. The clerk of the court shall forward a copy of any order issued under this section the same day such order is issued to the department of safety, which in turn shall forward a copy to the Federal Bureau of Investigation, or its successor agency, for inclusion in the National Instant Criminal Background Check database. By GARRY RAYNO, InDepthNH.org. To listen via telephone: Dial (for higher quality, dial a number based on your current location): 1-301-715-8592, or 1-312-626-6799, or 1-929-205-6099, or 1-253-215-8782, or 1-346-248-7799, or 1-669-900-6833 Senate Calendar 24, 2. “Extreme risk protection order” means a temporary, ex parte, or final order issued pursuant to this chapter. Amend RSA by inserting after chapter 159-D the following new chapter: Effective Date. Any extreme risk protection order issued under this chapter shall be effective throughout the state. (d)  The extreme risk protection order form shall include, in a conspicuous location, notice of criminal penalties resulting from violation of the order, and the following statement:  "You have the sole responsibility to avoid or refrain from violating this order's provisions. The respondent shall be responsible for informing the court of any changes of address. 8; Rep. Knirk, Carr. The respondent shall be personally served with notice of the motion to extend as provided in RSA 159-E:7. VIII. I. The law enforcement officer shall take possession of all firearms and ammunition and any license to carry a loaded pistol or revolver issued to them under RSA 159:6, which are surrendered. Or iPhone one-tap: 13126266799,,94954573376# or 19292056099,,94954573376# Senate Calendar 24, 3. This bill establishes a procedure for issuing extreme risk protection orders to protect against persons who pose an immediate risk of harm to themselves or others. The general court finds that allowing family or household members or law enforcement officers to petition for a court order to temporarily restrict access to firearms by individuals who are found to pose an immediate risk to themselves or others would advance public safety. II. III. All law enforcement agencies shall develop policies and procedures regarding the acceptance, storage, and return of firearms, ammunition, or licenses required to be surrendered under this section. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. I. (l)  Evidence of recent acquisition of firearms or ammunition by the respondent. 159-E:6  Contents of Extreme Risk Protection Orders. (d)  The total number of extreme risk protection orders vacated upon petition by the respondent during the previous year. To sign-in and/or speak in support or opposition, please register in advance by using this link: https://www.zoom.us/webinar/register/WN_QH1esiFMQNC5q9CjM5O_jA Senate Calendar 24, Members of the public may attend using the following links: Senate Calendar 24, Committee members will receive secure Zoom invitations via email. (b)  The time frame established in this paragraph may be extended for an additional 7 days upon motion by either party for good cause shown. “Firearm” means any weapon, including a starter gun, which will, is designed to, or may be readily converted to expel a projectile by the action of an explosive. 3; Rep. Backus, Hills. The findings of facts shall be final, but questions of law may be transferred from the circuit court to the supreme court. VII. 04/05 . Unfortunately, the process laid out in House Bill 687 goes too far and would weaken the constitutional rights of law-abiding New Hampshire citizens. To submit your testimony to the committee, please send all documents via email to remotesenate@leg.state.nh.us Senate Calendar 24, 1. If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount. Such hearing shall be held no less than 3 business days and no more than 5 business days after the request is received by the clerk. The court shall provide the respondent with a form to request a hearing to vacate. Law enforcement agencies shall establish procedures whereby a law enforcement officer at the scene of an alleged violation of such an order may be informed of the existence and terms of such order. 19; Rep. Fenton, Ches. Modifications, extensions, and any order vacating an extreme risk protection order shall be sent to the respondent’s last address of record. The court shall consider any relevant evidence, including evidence of the considerations listed in RSA 159-E:5, III. If non-telephonic temporary orders are made ex parte, the party against whom such relief is issued may file a written request with the clerk of the court and request an expedited hearing on such orders. It should be noted that average case cost estimates for FY 2020 and FY 2021 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. Matter removed from current law appears [in brackets and struckthrough.]. VII. If you have not done so already, you shall surrender immediately to the (insert name of local law enforcement agency) all firearms and ammunition that you own or that are in your custody, control, or possession and any license to carry a loaded pistol or revolver issued to you under RSA 159:6. The lack of due process in this legislation is antithetical to the New Hampshire and American … The fee shall not exceed the actual cost incurred by the law enforcement agency for the storage of the firearms and ammunition. No later than April 1 of each year the administrative office of the courts shall compile and publish on its website a report which aggregates the information received pursuant to paragraph I and lists each category by county and type of court. Judicial Branch, Judicial Council and Departments of Justice and Corrections and New Hampshire Association of Counties, LegiScan is an impartial and nonpartisan legislative tracking and reporting service utilizing GAITS and LegiScan API. IV. The administrator shall then arrange for translation of the instructions and informational brochures required by this section, which shall contain a sample of the standard petition and order for protection forms, into the languages spoken by those significant non-English-speaking populations and shall distribute a master copy of the translated instructions and informational brochures to all clerks of the circuit court by January 1, 2020. A law enforcement agency shall provide written notice, sent via the United States Postal Service to the last known address of the petitioner and to any family or household members of the respondent before the return of any firearm and ammunition surrendered or seized pursuant to this chapter. An extreme risk protection order issued under this section shall prohibit the respondent from purchasing, possessing, or receiving any firearms and ammunition for the duration of the order and shall further direct the respondent to relinquish to a law enforcement officer all firearms and ammunition in the control, ownership, or possession of the respondent or any other person on behalf of the respondent, and any license to carry a loaded pistol or revolver issued to the respondent under RSA 159:6 for the duration of the order. Retrieval of such firearms shall be through the law enforcement agency responsible for their transfer to the storage facility pursuant to a court order as prescribed in this paragraph. The New Hampshire bill now goes to the Senate, which, like the House, is controlled by Democrats. NYC billionaire Michael Bloomberg is spending a lot … Notice of the whereabouts of the petitioner shall not be revealed except by order of the court for good cause shown. The court may cancel the hearing upon a satisfactory showing that the respondent is in compliance with the surrender order. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports. Concord, NH – Today, Governor Chris Sununu issued the following statement after the Senate voted to pass SB 687, an act relative to transparency in prescription drug pricing and establishing a New Hampshire prescription drug affordability board: This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. The order shall remain in the information system as long as the order remains in effect. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize all firearms and ammunition in the respondent’s possession, custody or control, if there is probable cause to believe respondent has firearms or ammunition and if the court has reason to believe that such firearms or ammunition have not been relinquished by the respondent. (e)  The court shall also provide notice of the extension of the order as required in RSA 159-E:7, V. 159-E:11  Violation of Extreme Risk Protection Order; Penalties. Upon the issuance of any extreme risk protection order, the court shall order a new hearing date and require the respondent to appear no later than 3 business days after the issuance of the order. II. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget. Register now for our free OneVote public service or GAITS Professional trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. II. ... House Bill 687 would allow law enforcement or family members to petition a judge for a hearing to determine if … Further, if the order is vacated after an individual surrendered their firearms, that individual will have to go to court to have their property returned, unlike when the court wrongfully takes their property away. (e)  The total number of extreme risk protection orders extended during the previous year. (e)  The court staff handbook shall allow for the addition of a community resource list by the court clerk. Chris Sununu. Has contract with State to provide services. (c)  If the court finds by clear and convincing evidence that the requirements for issuance of an extreme risk protection order as provided in RSA 159-E:5 continue to be met, the court shall extend the order. V.  If an extreme risk protection order is vacated or ends without extension, the licensing authority, if it has suspended a license to carry a loaded pistol or revolver issued to respondent under RSA 159:6 pursuant to this section, shall reinstate such license only after confirming that the respondent is currently eligible to have such license. VI. On June 24th, the New Hampshire Senate Judiciary Committee will hold a public hearing on House Bill 687 which would take away the constitutional rights of individuals without due process. In addition, the Judicial Branch indicates the requirement in proposed RSA 173-D:2, VIII that protective orders issued be transmitted to the Administrative Office of the Courts which shall enter the information in a state database that is made available to state, county and local law enforcement departments. The court shall also provide notice as required by RSA 159-E:7, V. II. (d)  The law enforcement agency holding any firearm or ammunition or license to carry a loaded pistol or revolver that has been surrendered or seized pursuant to this section shall be notified of the court order to vacate the extreme risk protection order. (b)  The law enforcement agency conducts a background check to determine that the lawful owner is not prohibited under state or federal law from possessing the firearm or ammunition. The Branch states the infrastructure is in place for the database required in this bill; however, the extent to which the volume of "threat of violence" protective orders causes additional expenses resulting in the need for new employees and/ or new computer equipment is unknown. Be it Enacted by the Senate and House of Representatives in General Court convened: 1  Statement of Purpose. The petitioner may commence proceedings pursuant to RSA 159-E:3 in the county or district where either the petitioner or the respondent resides. (b)  The respondent shall have the burden of proving by clear and convincing evidence that the respondent no longer poses a significant risk of causing  bodily injury to himself or herself or others by having a firearm or any ammunition in his or her custody or control or by purchasing, possessing, or receiving a firearm or ammunition. CONCORD — Republicans in New Hampshire blasted state Rep. Tamara Le, D-North Hampton, for her use on Facebook of the F-word regarding … Notice of the request shall be served on the petitioner as provided in RSA 159-E:7. II. HB 687. I. VII. (a)  The instructions shall be designed to assist petitioners in completing the petition and shall include a sample of a standard petition and order for protection forms. The court shall notify the petitioner of the impending expiration of an extreme risk protection order. III. A law enforcement officer shall serve process under this section. VI. SPONSORS: Rep. Altschiller, Rock. People whose firearms were unduly repossessed had to go to court to regain possession of their property. III. (a)  Upon receipt of the request for a hearing to vacate an extreme risk protection order, the court shall set a date for a hearing. III. In determining whether the grounds for an extreme risk protection order exist, the court shall consider any relevant evidence, including but not limited to any of the following: (a)  An act or threat of violence within the past 24 months by the respondent against himself or herself or others, whether or not such violence or threat of violence involves a firearm. (a)  A spouse, ex-spouse, person cohabiting with another person, and a person who cohabited with another person but who no longer shares the same residence. After notice to respondent and a hearing, and upon a showing by the petitioner that there is clear and convincing evidence that the respondent poses a significant risk of causing bodily injury to himself or herself or others by having a firearm or any ammunition in his or her custody or control or by purchasing, possessing, or receiving a firearm or ammunition, the court shall issue an extreme risk protection order for a period not to exceed 12 months. The instructions, brochures, forms, and handbook shall be prepared in consultation with interested persons, including representatives of gun violence prevention groups, judges, and law enforcement personnel. There shall be a presumption of validity where an order appears facially valid. Upon receipt of such a motion, the court shall schedule a hearing no later than 15 days after the expiration of the order. (h)  The unlawful or reckless use, display, or brandishing of a firearm by the respondent. 12; Sen. Watters, Dist 4; Sen. Sherman, Dist 24; Sen. Hennessey, Dist 5; Sen. Dietsch, Dist 9; Sen. Kahn, Dist 10, COMMITTEE: Criminal Justice and Public Safety, -----------------------------------------------------------------. [ X ] State              [ X ] County               [    ] Local              [    ] None, [ X ] General            [    ] Education            [    ] Highway. Only the court can change the order and only upon written application.". At the time of surrender, a law enforcement officer taking possession of any firearm or ammunition owned by the respondent or in his or her custody, control, or possession, or any license to carry a loaded pistol or revolver issued to respondent under RSA 159:6, shall issue a receipt identifying all firearms and the quantity and type of ammunition that have been surrendered, and any license surrendered and shall provide a copy of the receipt to the respondent. 19-0007. Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. II. The instructions shall provide pictures of types of firearms that the petitioner may choose from to identify the relevant firearms, or an equivalent means to allow petitioners to identify firearms without requiring specific or technical knowledge regarding the firearms. III. Proceedings under this chapter may be transferred to another court upon the motion of any party or of the court as the interests of justice or the convenience of the parties may require. In any proceeding under this chapter, the court shall not be bound by the technical rules of evidence and may admit evidence which it considers relevant and material. In the Year of Our Lord Two Thousand Nineteen. In addition to other applicable charges and penalties, a person shall be guilty of a class A misdemeanor if such person knowingly files a petition under this chapter containing false allegations, or if such person files a petition with intent to harass the respondent. Senate Calendar 24, 6. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize any and all firearms and ammunition in the respondent’s possession, custody or control, if there is probable cause to believe respondent has firearms or ammunition and if the court has reason to believe that such firearms or ammunition have not been relinquished by the respondent. IV. I. The court shall reschedule any hearing under this section in an expeditious manner. Upon issuance of any extreme risk protection under this chapter, including a temporary ex parte extreme risk protection order, the court shall order the respondent to surrender to the local law enforcement agency all firearms and ammunition owned by the respondent or in his or her custody, control, or possession and any license to carry a loaded pistol or revolver issued to the respondent under RSA 159:6. L ) evidence of the courts shall develop instructions and informational brochures described in I.... 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