FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None, [ X ] General            [    ] Education            [    ] Highway           [    ] Other. The court shall also provide notice as required by RSA 159-E:7, V. II. (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. IV. Read the legislation and learn the truth about what it really does. 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. Two full-time and four part-time employees currently maintain these registries. (h)  The unlawful or reckless use, display, or brandishing of a firearm by the respondent. Any extreme risk protection order issued under this chapter shall be effective throughout the state. I. In addition to other applicable charges and penalties, a person shall be guilty of a class B felony if he or she knowingly violates an extreme risk protection order issued under this chapter by having in his or her possession, custody, or control any firearm or ammunition while the order is in effect. 159-E:9  Return and Disposal of Firearms and Ammunition. 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. I. The court shall consider any relevant evidence, including evidence of the considerations listed in RSA 159-E:5, III. The lack of due process in this legislation is antithetical to the New Hampshire and American … (b)  In determining whether to extend an extreme risk protection order issued under this section, the court shall consider any relevant evidence, including evidence of the considerations listed in RSA 159-E:5, III. Notice of the whereabouts of the petitioner shall not be revealed except by order of the court for good cause shown. The findings of facts shall be final, but questions of law may be transferred from the circuit court to the supreme court. Senate Calendar 24, 6. Webinar ID: 949 5457 3376 Senate Calendar 24, 4. House Bill 687, sponsored by Representative Debra Altschiller (D-Rockingham 19), would have allowed ex parte orders to suspend Second Amendment rights without adequate due process. II. If the court issues an extreme risk protection order under RSA 159-E:5, the court shall inform the respondent, in writing, that he or she is entitled to request a hearing to vacate the order in the manner provided in RSA 159-E:10. Explanation: Matter added to current law appears in bold italics. (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. Senate Calendar 24, Remote Hearing: 06/24/2020, 09:10 am; Senate Calendar 24, Introduced 03/11/2020 and Referred to Judiciary; Senate Journal 7, Ought to Pass with Amendment 2019-2790h: Motion Adopted Regular Calendar 201-176 01/08/2020 House Journal 1 P. 68, Amendment # 2019-2790h: Amendment Adopted Regular Calendar 213-162 01/08/2020 House Journal 1 P. 68, Committee Report: Without Recommendation (Vote ; Regular Calendar) House Calendar 50 P. 19, Subcommittee Work Session: 10/10/2019 11:00 am Legislative Office Building 204, Executive Session: 10/30/2019 10:00 am Legislative Office Building 202-204, Full Committee Work Session: 10/23/2019 10:00 am Legislative Office Building 204, Subcommittee Work Session: 10/01/2019 01:00 pm Legislative Office Building 204, Subcommittee Work Session: 09/12/2019 10:00 am Legislative Office Building 204, Subcommittee Work Session: 09/05/2019 11:00 am Legislative Office Building 204, Subcommittee Work Session: 08/22/2019 10:00 am Legislative Office Building 204, Subcommittee Work Session: 06/11/2019 01:00 pm Legislative Office Building 204, Executive Session: 03/13/2019 10:00 am Legislative Office Building 204, ==ROOM CHANGE== Public Hearing: 03/05/2019 10:00 am Reps Hall, Introduced 01/03/2019 and referred to Criminal Justice and Public Safety House Journal 3 P. 26. (e)  A violation of a previous or existing risk protection order issued against the respondent. But what has emerged (with the Murphy substitute) is the same garbage which was originally pedaled in New Hampshire by the Giffords’ organization. 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. (c) A violation by the respondent of a domestic violence protection order issued under RSA 173-B. House Bill 687 UPDATE - August 8, 2020. III. The administrative office of the courts shall develop instructions and informational brochures, standard petition forms, and extreme risk protection order forms. (b)  A parent or other person related by consanguinity or affinity, other than a minor child who resides with the respondent. (c)  The total number of extreme risk protection orders issued and the total number denied during the previous year. 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. IV. II. Summary (2020-09-17) Relative to extreme risk protection orders. (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. II. (k)  Corroborated evidence of the abuse of controlled substances or alcohol by the respondent. The administrative office of the courts shall distribute a master copy of the petition and order forms, instructions, and informational brochures to all court clerks and shall distribute a master copy of the petition and order forms to all clerks of the circuit courts. 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. AN ACT relative to extreme risk protection orders. “Unfortunately, the process laid out in House Bill 687 goes too far and would weaken the constitutional rights of law-abiding New Hampshire citizens,” Sununu said. III. I. (e)  The total number of extreme risk protection orders extended during the previous year. (d)  A previous or existing risk protection order issued against the respondent. Amend RSA by inserting after chapter 159-D the following new chapter: Effective Date. If the court finds that probable cause exists, the court shall issue a warrant describing the firearms or ammunition owned by the respondent or in his her custody, control or possession and authorizing a search of the locations where any such firearms or ammunition are reasonably believed to be found and the seizure of any such firearms or ammunition discovered pursuant to such search. You may seek the advice of an attorney as to any matter connected with this order.". III. All such petitions shall contain the following statement: “I swear that the foregoing information is true and correct to the best of my knowledge. III. 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 court shall notify the petitioner of the impending expiration of an extreme risk protection order. 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. Respectfully submitted, Christopher ~Lil--T. Summu Governor 107 North Main Street, State House -Rm 208, Concord, New Hampshire 03301 V.  During the hearing, the court shall consider whether a mental health evaluation or chemical dependency evaluation is appropriate and, if such determination is made, may order such evaluations, if appropriate. The petitioner may, by motion, request an extension of an extreme risk protection order at any time within 30 days before the end of the order. VII. Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. Any proceeding under this chapter shall not preclude any other available civil or criminal remedy. (a)  The court shall hold a hearing within 14 days of the filing of a petition under this section or within 7 days of service of process upon the respondent, whichever occurs later. HB 687. The affidavit shall contain specific factual allegations regarding the factors that give rise to petitioner’s belief that 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 any ammunition. relative to extreme risk protection orders. 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 fee shall not exceed the actual cost incurred by the law enforcement agency for the storage of the firearms and ammunition. had adjudication withheld on, or pled nolo contendere to a crime that constitutes domestic violence as defined in RSA 173-B:1. Notice of the request shall be served on the petitioner as provided in RSA 159-E:7. II. III. 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. The court may cancel the hearing upon a satisfactory showing that the respondent is in compliance with the surrender order. On October 30 th, the New Hampshire state House Criminal Justice and Public Safety Committee will hold the final executive session on the carry-over House Bill 687, which would allow Second Amendment rights to be suspended and firearms seized without due … 3; Rep. Backus, Hills. The order shall remain in the information system as long as the order remains in effect. The New Hampshire bill now goes to the Senate, which, like the House, is controlled by Democrats. A copy of any order made under this chapter shall be promptly transmitted to the local law enforcement agency having jurisdiction to enforce such order and, if such person has been issued a license to carry a loaded pistol or revolver under RSA 159:6, notice shall also be promptly made to the issuing authority of the license. (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. III. 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. “Unfortunately, the process laid out in House Bill 687 goes too far and would weaken the constitutional rights of law-abiding New Hampshire citizens,” Sununu said. 19; Rep. Fenton, Ches. Alternatively, if personal service by a law enforcement officer is not possible or is not required because the respondent was present at the extreme risk protection order hearing, the respondent shall surrender any 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 them under RSA 159:6, held by the respondent, in a safe manner to the control of the local law enforcement agency immediately after being served with the order by service or immediately after the hearing at which the respondent was present. VI. 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. LEGISLATION. 19-0007. AN ACT relative to extreme risk protection orders. (b)  The total number of temporary extreme risk protection orders issued and the total number denied during the previous year. VI. The district division of the circuit court shall have jurisdiction over all proceedings under this chapter. Materials shall be based on best practices and available electronically online to the public. I. Upon a showing by the petitioner that there is reasonable cause to believe that the respondent poses an immediate 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 a temporary extreme risk protection order. New Hampshire House Bill 687 focuses on extreme risk protection orders, which would allow a household member or law enforcement officer to petition for a court order to … 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. VII. Explanation: Matter added to current law appears in, Matter removed from current law appears [. I. Temporary orders 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 protective order. Only the court can change the order and only upon written application.". CONCORD — Republicans in New Hampshire blasted state Rep. Tamara Le, D-North Hampton, for her use on Facebook of the F-word regarding … V.  “Law enforcement officer” means a sheriff or deputy sheriff of any county, a state police officer, a constable or police officer of any city or town, or a conservation officer. In determining whether the grounds for a temporary extreme risk protection order exist, the court shall consider any relevant evidence, including but not limited to the evidence described in RSA 159-E:5, III. 04/05 . 159-E:8  Surrender of Firearms and Ammunition. VI. Any comparable extreme risk protection order issued by any other state, tribal, or territorial court, including an ex parte order, shall be deemed valid if the issuing court had jurisdiction over the parties and matter under the law of the state, tribe, or territory, and the person against whom the order was made was given reasonable notice and opportunity to be heard. The respondent shall be personally served with notice of the motion to extend as provided in RSA 159-E:7. 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. (e)  The court staff handbook shall allow for the addition of a community resource list by the court clerk. I. The law enforcement agency may charge the respondent a reasonable fee for the storage of any firearms and ammunition taken surrendered or seized to an extreme risk protection order. Notice shall be received by the petitioner at least 30 days before the date the order is set to expire. Unfortunately, the process laid out in House Bill 687 goes too far and would weaken the constitutional rights of law-abiding New Hampshire citizens. The hearing shall occur no sooner than 14 days and no later than 30 days after the date of service of the request upon the petitioner. 31; Rep. Mulligan, Graf. 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. The respondent shall be responsible for informing the court of any changes of address. 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. IV. II. IV. Such hearing may constitute the final hearing under RSA 159-E:3, VIII. “To the subject of this extreme risk protection order:  This order will remain in effect until the date noted above. Any answer by the respondent shall be filed with the court and a copy shall be provided to the petitioner by the court. tim: new hampshire house bill 687 focuses on extreme risk protection orders, allowing a household member or … Chris Sununu last week vetoed a bill that would have allowed gun seizures without due process. (c)  Identify if there is a known existing protection order in effect against the respondent under RSA 173-B or any other applicable statute. [Veto Sustained 09/16/2020: Regular Calendar 182-156 Lacking Necessary Two-Thirds Vote] SPONSORS: Rep. Altschiller, Rock. 19; Rep. Espitia, Hills. IV. 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: “Respondent” means an individual who is identified as the respondent in a petition filed under this chapter. 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. (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. Matter removed from current law appears [in brackets and struckthrough.]. II. 8; Rep. Knirk, Carr. A recusal by the judge or any act of God or closing of the court that interferes with the originally scheduled hearing shall not be cause for the dismissal of the petition. But even if it passes, it likely will be vetoed by Republican Gov. 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. (f)  Whether the respondent, in this state or any other state, has been convicted of. IV. (c)  The informational brochure shall describe the use of and the process for obtaining, modifying, and terminating an extreme risk protection order under this chapter, and provide relevant forms. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. Within 72 hours after service of the order, the law enforcement officer serving the order shall file the original receipt with the court and shall ensure that his or her law enforcement agency retains a copy of the receipt. However, the entities impacted have provided the potential costs associated with these penalties below. IV. The respondent may submit one written request for a hearing to vacate an extreme risk protection order issued under RSA 159-E:5, starting after the date of the issuance of the order, and may request one additional hearing after every extension of the order, if any. 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. If a temporary extreme risk protection order is requested, the court shall hold a temporary ex parte risk protection order hearing in person or by telephone on the day the petition is filed or on the business day immediately following the day the petition is filed. 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. (e)  The address of the court in which any responsive pleading should be filed. People whose firearms were unduly repossessed had to go to court to regain possession of their property. Some legislators in New Hampshire are trying to push Red Flag Laws. On January 9, 2020 in the House: Ought to Pass with Amendment 2019-2790h: MA RC 201-176 01/08/2020 HJ 1 P. 68 Amendment # 2019-2790h: AA RC 213-162 01/08/2020 HJ 1 P. 68 159-E:7  Notification; Reporting of Orders. (a)  Upon receipt of the motion to extend, the court shall order that a hearing be held no later than 14 days after the date the order is issued and shall schedule such hearing. The standard petition and order forms shall be used after January 1, 2020, for all petitions filed and orders issued under this chapter. II. Any valid extreme risk protection order, as defined in paragraph II, shall be accorded full faith and credit throughout the state. For the reasons stated above, I have vetoed House Bill 687. 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, -----------------------------------------------------------------. V.  The administrative office of the courts shall update the instructions, brochures, standard petition, and extreme risk protection order forms, and court staff handbook as necessary, including when changes in the law make an update necessary. II. Extreme risk protection orders, including temporary extreme risk protection orders, shall be promptly served on the respondent by the law enforcement officer. House Bill 687, sponsored by Representative Debra Altschiller (D-Rockingham 19), would allow ex parte orders that would suspend Second Amendment rights without adequate due process. The law enforcement officer serving an extreme risk protection order under this section, including a temporary extreme risk protection order, shall request that the respondent immediately surrender 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. If a person other than the respondent claims title to any firearms or ammunition surrendered or seized pursuant to this section and he or she is determined by the law enforcement agency to be the lawful owner of the firearm or ammunition, the firearm or ammunition shall be returned to him or her, if: (a)  The lawful owner agrees to store the firearm or ammunition in a manner such that the respondent does not have access to or control of the firearm or ammunition; and. 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. version of the laws to new hampshire. 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. Distribution of all documents shall, at a minimum, be in an electronic format or formats accessible to all courts and court clerks in the state. House Bill 687, sponsored by Representative Debra Altschiller (D-Rockingham 19), would allow for the issuance of ex parte orders that would suspend … 2019 SESSION. IX. A petitioner may request, and court may enter, a temporary extreme risk protection order with or without actual notice to respondent. 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