An act to provide for the issuance of restraining orders prohibiting certain individuals from possessing or purchasing firearms and ordering the surrender and seizure of a restrained individual’s firearms; to provide for the powers and duties of certain state and local governmental officers and entities; to prescribe penalties; and to provide remedies.
Senate Bill 83 creates a new act, the Extreme Risk Protection Order Act, which does all of the following: • Specifies who can file an action requesting a court to issue an extreme risk protection order (ERPO), where and how it can be filed, and the information to be included. An ERPO prohibits the person subject to it from purchasing or possessing a firearm or having or applying for a concealed pistol license (CPL) while the ERPO is in effect. • Requires a court to issue an ERPO if it makes certain specified determinations by a preponderance of the evidence, and allows a court to issue an ERPO without notifying the person subject to it if certain additional conditions are met. • Allows a firearm not surrendered to be seized upon notification or service of an ERPO, requires a seized firearm to be stored while an ERPO is in force, and allows the respondent to reclaim the firearm when an ERPO has ended. • Allows an ERPO to be modified or rescinded. • Prescribes procedures for court clerks and law enforcement officers. • Requires certain hearings. • Prescribes penalties for violations.
Co-sponsored by Sens.
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
Reported with substitute S-1
Referred to the Committee of the Whole
1. Amend page 10, line 4, by striking out all of subdivision (h) and relettering the remaining subdivisions.
Substitute S-2 concurred in by voice vote
1. Amend page 21, following line 18, by inserting:
“(c) Senate Bill No. 184.”.
The amendment failed 17 to 20 (details)
1. Amend page 2, line 7, by striking out all of subdivision (d) and relettering the remaining subdivisions.
2. Amend page 2, line 28, by striking out all of subdivision (f) and relettering the remaining subdivisions.
3. Amend page 3, line 10, by striking out all of subdivision (h) and relettering the remaining subdivisions.
4. Amend page 3, line 27, after “(2)” by striking out “Any of the following may file an” and inserting “An”.
5. Amend page 3, line 28, after “section” by striking out the balance of the page through “A” on line 10 of page 4 and inserting “may be filed only by a”.
6. Amend page 4, line 11, by striking out all of subdivision (i).
The amendment failed by voice vote
1. Amend page 6, line 6, by striking out “the preponderance of the” and inserting “clear and convincing”.
2. Amend page 18, line 16, after “if” by striking out “the preponderance of the” and inserting “clear and convincing”.
The amendment failed by voice vote
1. Amend page 10, line 22, after “a” by striking out the balance of the line through “attorney” on line 23 and inserting “guaranteed right to counsel”.
The amendment failed by voice vote
1. Amend page 11, line 9, by striking out “issued” and inserting “served or the restrained individual receives actual notice of the order”.
2. Amend page 16, line 14, by striking out “immediately”.
3. Amend page 17, line 10, after “expires” by inserting “or is terminated”.
The amendment passed by voice vote
1. Amend page 10, following line 3, by inserting:
“(h) If the court has ordered the restrained individual to surrender the individual’s firearms and ammunition immediately, a statement that the law enforcement agency designated under subdivision (g) shall proceed to seize the restrained individual’s firearms and ammunition not later than 24 hours after the restrained individual is served with or receives actual notice of the extreme risk protection order, after first giving the restrained individual an opportunity to surrender the firearms and ammunition.” and relettering the remaining subdivisions.
The amendment passed by voice vote
Passed in the Senate 20 to 17 (details)
Motion to give immediate effect
by
The motion did not prevail by voice vote
Referred to the Committee on Judiciary
Reported with substitute H-5
Substitute H-5 concurred in by voice vote
1. Amend page 6, line 28, by striking out “the preponderance of the” and inserting “clear and convincing”.
2. Amend page 10, line 29, by striking out “restrained individual must prove by a preponderance of the” and inserting “court must enter an order terminating the extreme risk protection order unless the court finds by clear and convincing”.
3. Amend page 11, line 1, after “individual” by striking out “no longer poses” and inserting “continues to pose”.
4. Amend page 21, line 25, after “if” by striking out “the preponderance of the” and inserting “clear and convincing”.
The amendment failed by voice vote
1. Amend page 4, line 2, after “respondent” by inserting “who was married to the respondent in the previous 3 years”.
2. Amend page 4, line 5, after “had” by inserting “in the previous 3 years”.
3. Amend page 4, line 7, after “has” by inserting “in the previous 3 years”.
The amendment failed by voice vote
1. Amend page 6, following line 11, by inserting:
“(2) In an action under section 5, before the court may issue an extreme risk protection order, the court shall hold a hearing in which the petitioner must appear and testify under oath. If the petitioner fails or refuses to appear or testify under oath as to the allegations in the complaint, the court shall dismiss the action.” and renumbering the remaining subsections.
The amendment failed by voice vote
1. Amend page 25, following line 19, by inserting:
“Sec. 26. (1) If, at any time while an extreme risk protection order is in effect, the restrained individual obtains a report from a mental health professional that, in the professional opinion of the mental health professional, the restrained individual does not pose a significant risk of personal injury to the restrained individual or others by possessing a firearm, the restrained individual may file the report with the court that issued the extreme risk protection order.
(2) If a report is filed with the court under subsection (l), the court shall issue an order rescinding the extreme risk protection order.”.
The amendment failed by voice vote
1. Amend page 13, line 22, after “a” by striking out the balance of the line through “attorney” on line 23 and inserting “guaranteed right to counsel”.
2. Amend page 25, following line 19, by inserting:
“Sec. 22. Every respondent in an action under section 5 must be guaranteed the right to counsel at all stages of the action.”.
The amendment failed by voice vote
1. Amend page 25, following line 19, by inserting:
“Sec. 24. The court shall conduct all hearings in an action filed under section 5 on the record and shall have a transcript prepared of all hearings so that a copy of the transcript is available to be produced on request.”.
The amendment failed by voice vote
1. Amend page 5, line 29, after “(8)” by striking out the balance of the section and inserting “An action under this section must be filed in the county where the respondent resides.”.
The amendment failed by voice vote
1. Amend page 25, following line 19, by inserting:
“Sec. 27. A petitioner who knowingly and intentionally makes a false statement to the court in the complaint or in support of the complaint under this act must pay all legal fees or court fees incurred by the respondent as a result of the complaint.”.
The amendment failed by voice vote
1. Amend page 4, line 20, after “show” by striking out “that” and inserting “both of the following:
(a) That 1 or both of the following apply:
(i) The respondent is receiving treatment because of having been determined to be a person requiring treatment under sections 434 to 439 of the mental health code, 1974 PA 258, MCL 330.1434 to 330.1439.
(ii) A personal protection order under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 2950a, is in force against the respondent.
(b) That”.
2. Amend page 6, line 28, after “that” by inserting “the allegations under section 5(3)(a) are true and that”.
The amendment failed by voice vote
Substitute H-6 offered
by
The substitute failed by voice vote
Passed in the House 56 to 51 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Substitute H-5 concurred in 20 to 17 (details)
