| 1 | 1 | | 23 LC 48 0844 |
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| 2 | 2 | | H. B. 584 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 584 |
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| 5 | 5 | | By: Representatives Roberts of the 52 |
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| 6 | 6 | | nd |
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| 7 | 7 | | , Mitchell of the 88 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Au of the 50 |
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| 10 | 10 | | th |
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| 11 | 11 | | , Panitch of the |
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| 12 | 12 | | 51 |
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| 13 | 13 | | st |
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| 14 | 14 | | , and Evans of the 89 |
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| 15 | 15 | | th |
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| 16 | 16 | | |
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| 17 | 17 | | A BILL TO BE ENTITLED |
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| 18 | 18 | | AN ACT |
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| 19 | 19 | | To amend Article 4 Chapter 11 of Title 16 of the Official Code of Georgia Annotated, |
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| 20 | 20 | | 1 |
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| 21 | 21 | | relating to dangerous instrumentalities and practices, so as to enact the "Georgia Red Flag2 |
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| 22 | 22 | | Protective Order Act"; to provide definitions; to provide for risk protection order hearings3 |
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| 23 | 23 | | and issuance; to revise provisions regarding temporary ex parte risk protection orders; to4 |
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| 24 | 24 | | provide for service of notice; to provide for the termination and extension of orders; to5 |
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| 25 | 25 | | provide for surrender and return of firearms, ammunition, and weapons carry licenses; to6 |
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| 26 | 26 | | provide for the reporting of orders; to provide for penalties and liability; to provide for7 |
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| 27 | 27 | | instructional and informational materials to be produced by the Administrative Office of the8 |
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| 28 | 28 | | Courts; to provide for related matters; to repeal conflicting laws; and for other purposes.9 |
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| 29 | 29 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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| 30 | 30 | | SECTION 1.11 |
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| 31 | 31 | | Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to12 |
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| 32 | 32 | | dangerous instrumentalities and practices, is amended by adding a new part to read as13 |
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| 33 | 33 | | follows:14 23 LC 48 0844 |
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| 34 | 34 | | H. B. 584 |
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| 35 | 35 | | - 2 - |
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| 36 | 36 | | "Part 3A15 |
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| 37 | 37 | | 16-11-140.16 |
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| 38 | 38 | | This part shall be known and may be cited as the 'Georgia Red Flag Protective Order Act.'17 |
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| 39 | 39 | | 16-11-141.18 |
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| 40 | 40 | | As used in this part, the term:19 |
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| 41 | 41 | | (1) 'Family or household member' means spouses, former spouses, persons related by20 |
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| 42 | 42 | | blood or marriage, persons who are presently residing together or who have resided21 |
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| 43 | 43 | | together in the past, and persons who are parents of a child in common regardless of22 |
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| 44 | 44 | | whether they have been married. With the exception of persons who have a child in23 |
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| 45 | 45 | | common, the family or household members must be currently residing or have in the past24 |
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| 46 | 46 | | resided together in the same dwelling house.25 |
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| 47 | 47 | | (2) 'Law enforcement agency' means any unit, organ, or department of this state, or a26 |
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| 48 | 48 | | subdivision or municipality thereof, whose primary functions include the enforcement of27 |
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| 49 | 49 | | criminal or traffic laws; the preservation of public order; the protection of life and28 |
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| 50 | 50 | | property; or the prevention, detection, or investigation of crime.29 |
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| 51 | 51 | | (3) 'Law enforcement officer' means any peace officer employed by a law enforcement30 |
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| 52 | 52 | | agency.31 |
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| 53 | 53 | | (4) 'Petitioner' means a family or household member or law enforcement officer who32 |
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| 54 | 54 | | petitions a court for a risk protection order under this part.33 |
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| 55 | 55 | | (5) 'Respondent' means the individual who is identified as the respondent in a petition34 |
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| 56 | 56 | | filed under this part.35 |
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| 57 | 57 | | (6) 'Risk protection order' means a temporary ex parte order or final order granted under36 |
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| 58 | 58 | | this part.37 23 LC 48 0844 |
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| 59 | 59 | | H. B. 584 |
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| 60 | 60 | | - 3 - |
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| 61 | 61 | | 16-11-142.38 |
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| 62 | 62 | | (a) When a petition for a risk protection order is created, the order shall:39 |
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| 63 | 63 | | (1) Identify the respondent by name and last known address;40 |
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| 64 | 64 | | (2) Allege that the respondent poses a significant danger of causing personal injury to41 |
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| 65 | 65 | | himself or herself or others by having a firearm or any ammunition in his or her custody42 |
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| 66 | 66 | | or control or by purchasing, possessing, or receiving a firearm or any ammunition;43 |
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| 67 | 67 | | (3) Be accompanied by an affidavit made under oath stating the specific statements,44 |
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| 68 | 68 | | actions, or facts that give rise to a reasonable fear of significant dangerous acts by the45 |
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| 69 | 69 | | respondent;46 |
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| 70 | 70 | | (4) Identify the quantities, types, and locations of all firearms and ammunition the47 |
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| 71 | 71 | | petitioner believes to be in the respondent's current ownership, possession, custody, or48 |
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| 72 | 72 | | control; and49 |
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| 73 | 73 | | (5) Identify whether there is a known existing protective order governing the respondent50 |
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| 74 | 74 | | under Code Section 16-5-94 or 19-13-4 or under any other applicable law.51 |
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| 75 | 75 | | (b) A petition for a risk protection order may be filed by a family or household member52 |
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| 76 | 76 | | or law enforcement officer. Such petition shall be filed in the superior court having53 |
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| 77 | 77 | | jurisdiction over the geographical area of the petitioner's law enforcement agency or54 |
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| 78 | 78 | | wherein the respondent resides. Such petition for a risk protection order does not require55 |
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| 79 | 79 | | either party to be represented by an attorney.56 |
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| 80 | 80 | | (c) The petitioner shall make a good faith effort to provide notice to a family or household57 |
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| 81 | 81 | | member of the respondent and to any known third party who may be at risk of violence.58 |
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| 82 | 82 | | The notice shall state that the petitioner intends to petition the court for a risk protection59 |
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| 83 | 83 | | order or has already done so and shall include referrals to appropriate resources, including,60 |
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| 84 | 84 | | but not limited to, mental health, domestic violence, and counseling resources. The61 |
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| 85 | 85 | | petitioner shall attest in the petition to having provided such notice or shall attest to the62 |
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| 86 | 86 | | steps that will be taken to provide such notice.63 23 LC 48 0844 |
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| 87 | 87 | | H. B. 584 |
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| 88 | 88 | | - 4 - |
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| 89 | 89 | | (d) The petitioner shall list the address of record on the petition as being where the64 |
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| 90 | 90 | | appropriate law enforcement agency is located.65 |
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| 91 | 91 | | (e) The court shall not charge fees for filing or for service of process to a petitioner66 |
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| 92 | 92 | | seeking relief under this part and shall provide the necessary number of certified copies,67 |
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| 93 | 93 | | forms, and instructional brochures free of charge.68 |
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| 94 | 94 | | (f) A person shall not be required to post a bond to obtain relief in any proceeding under69 |
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| 95 | 95 | | this part.70 |
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| 96 | 96 | | (g) The superior courts of this state have jurisdiction over proceedings under this part.71 |
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| 97 | 97 | | 16-11-143.72 |
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| 98 | 98 | | (a)(1) Upon receipt of a petition, the court shall order a hearing to be held no later than73 |
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| 99 | 99 | | 14 days after the date of the order and shall issue a notice of hearing to the respondent for74 |
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| 100 | 100 | | the same.75 |
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| 101 | 101 | | (2) The clerk of the court shall cause a copy of the petition and the notice of hearing to76 |
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| 102 | 102 | | be forwarded on or before the next business day to the appropriate law enforcement77 |
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| 103 | 103 | | agency for service upon the respondent as provided in Code Section 16-11-145.78 |
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| 104 | 104 | | (3) The court may, as provided in Code Section 16-11-144, issue a temporary ex parte79 |
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| 105 | 105 | | risk protection order pending the hearing ordered under this subsection. Such temporary80 |
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| 106 | 106 | | ex parte order shall be served concurrently with the petition and the notice of hearing as81 |
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| 107 | 107 | | provided in Code Section 16-11-145.82 |
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| 108 | 108 | | (b) Upon notice and a hearing on the matter, if the court finds by clear and convincing83 |
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| 109 | 109 | | evidence that the respondent poses a significant danger of causing personal injury to84 |
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| 110 | 110 | | himself or herself or others by having in his or her custody or control, or by purchasing,85 |
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| 111 | 111 | | possessing, or receiving, a firearm or any ammunition, the court shall issue a risk protection86 |
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| 112 | 112 | | order for a period of time that it deems appropriate, but not exceeding 12 months.87 |
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| 113 | 113 | | (c) In determining whether grounds for a risk protection order exist, the court may88 |
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| 114 | 114 | | consider any relevant evidence, including, but not limited to, any of the following:89 23 LC 48 0844 |
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| 115 | 115 | | H. B. 584 |
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| 116 | 116 | | - 5 - |
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| 117 | 117 | | (1) A recent act or threat of violence by the respondent against himself or herself or90 |
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| 118 | 118 | | others, whether or not such violence or threat of violence involved a firearm;91 |
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| 119 | 119 | | (2) An act or threat of violence by the respondent within the past 12 months, including,92 |
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| 120 | 120 | | but not limited to, acts or threats of violence by the respondent against himself or herself93 |
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| 121 | 121 | | or others;94 |
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| 122 | 122 | | (3) Evidence of the respondent being seriously mentally ill or having recurring mental95 |
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| 123 | 123 | | health issues;96 |
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| 124 | 124 | | (4) A violation by the respondent of an order issued pursuant to Code Section 16-5-9497 |
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| 125 | 125 | | or 19-13-4;98 |
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| 126 | 126 | | (5) A previous or existing risk protection order issued against the respondent;99 |
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| 127 | 127 | | (6) A violation of a previous or existing risk protection order issued against the100 |
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| 128 | 128 | | respondent;101 |
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| 129 | 129 | | (7) Whether the respondent, in this state or any other state, has been convicted of, had102 |
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| 130 | 130 | | adjudication withheld on, or has pled nolo contendere to a crime that constitutes family103 |
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| 131 | 131 | | violence as defined in Code Section 19-13-1;104 |
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| 132 | 132 | | (8) Whether the respondent has used, or has threatened to use, any weapons against105 |
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| 133 | 133 | | himself or herself or others;106 |
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| 134 | 134 | | (9) The unlawful or reckless use, display, or brandishing of a firearm by the respondent;107 |
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| 135 | 135 | | (10) The recurring use of, or threat to use, physical force by the respondent against108 |
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| 136 | 136 | | another person or the respondent's stalking of another person;109 |
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| 137 | 137 | | (11) Whether the respondent, in this state or any other state, has been arrested for, has110 |
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| 138 | 138 | | been convicted of, had adjudication withheld on, or has pled nolo contendere to a crime111 |
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| 139 | 139 | | involving violence or a threat of violence;112 |
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| 140 | 140 | | (12) Corroborated evidence of the abuse of controlled substances or alcohol by the113 |
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| 141 | 141 | | respondent;114 |
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| 142 | 142 | | (13) Evidence of recent acquisition of firearms or ammunition by the respondent;115 23 LC 48 0844 |
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| 143 | 143 | | H. B. 584 |
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| 144 | 144 | | - 6 - |
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| 145 | 145 | | (14) Any relevant information from family and household members concerning the116 |
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| 146 | 146 | | respondent; or117 |
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| 147 | 147 | | (15) Witness testimony, taken while the witness is under oath, relating to the matter118 |
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| 148 | 148 | | before the court.119 |
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| 149 | 149 | | (d) In a hearing under this part, the rules of evidence shall apply to the same extent as in120 |
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| 150 | 150 | | a family violence proceeding under Code Section 19-13-3.121 |
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| 151 | 151 | | (e) During the hearing, the court shall consider whether a mental health evaluation or122 |
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| 152 | 152 | | chemical dependency evaluation is appropriate and, if such determination is made, may123 |
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| 153 | 153 | | order such evaluations, if appropriate.124 |
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| 154 | 154 | | (f) A risk protection order shall include all of the following:125 |
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| 155 | 155 | | (1) A statement of the grounds supporting the issuance of the order;126 |
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| 156 | 156 | | (2) The date the order was issued;127 |
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| 157 | 157 | | (3) The date the order ends;128 |
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| 158 | 158 | | (4) Whether a mental health evaluation or chemical dependency evaluation of the129 |
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| 159 | 159 | | respondent is required;130 |
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| 160 | 160 | | (5) The address of the court in which any responsive pleading may be filed;131 |
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| 161 | 161 | | (6) A description of the requirements for the surrender of all firearms and ammunition132 |
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| 162 | 162 | | that the respondent owns; and133 |
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| 163 | 163 | | (7) The following statement:134 |
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| 164 | 164 | | 'To the subject of this protection order: This order is valid until the date noted above. If135 |
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| 165 | 165 | | you have not done so already, you shall surrender immediately to the (insert name of136 |
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| 166 | 166 | | local law enforcement agency) all firearms and ammunition that you own in your137 |
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| 167 | 167 | | custody, control, or possession and any weapons carry license or renewal license issued138 |
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| 168 | 168 | | to you under Code Section 16-11-129. You may not have in your custody or control or139 |
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| 169 | 169 | | purchase, possess, receive, or attempt to purchase or receive a firearm or ammunition140 |
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| 170 | 170 | | while this order is in effect. You have the right to request one hearing to vacate this141 |
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| 171 | 171 | | order, starting after the date of the issuance of this order, and to request another hearing142 23 LC 48 0844 |
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| 172 | 172 | | H. B. 584 |
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| 173 | 173 | | - 7 - |
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| 174 | 174 | | after every extension of the order, if any. You may seek the advice of an attorney as to143 |
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| 175 | 175 | | any matter connected with this order.'144 |
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| 176 | 176 | | (g) If the court issues a risk protection order, the court shall inform the respondent that he145 |
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| 177 | 177 | | or she is entitled to request a hearing to vacate the order in the manner provided by Code146 |
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| 178 | 178 | | Section 16-11-146 and the court shall provide the respondent with a form to request a147 |
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| 179 | 179 | | hearing to vacate.148 |
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| 180 | 180 | | (h) If the court denies the petitioner's request for a risk protection order, the court shall149 |
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| 181 | 181 | | state the particular reasons for the denial.150 |
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| 182 | 182 | | 16-11-144.151 |
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| 183 | 183 | | (a) A petitioner may request that a temporary ex parte risk protection order be issued152 |
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| 184 | 184 | | before a hearing for a risk protection order, without notice to the respondent, by including153 |
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| 185 | 185 | | in the petition detailed allegations based on personal knowledge that the respondent poses154 |
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| 186 | 186 | | a significant danger of causing personal injury to himself or herself or others in the near155 |
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| 187 | 187 | | future by having in his or her custody or control, or by purchasing, possessing, or receiving,156 |
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| 188 | 188 | | a firearm or ammunition.157 |
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| 189 | 189 | | (b) In considering whether to issue a temporary ex parte risk protection order under this158 |
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| 190 | 190 | | part, the court shall consider all relevant evidence, including the evidence described in159 |
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| 191 | 191 | | subsection (c) of Code Section 16-11-143.160 |
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| 192 | 192 | | (c) If the court finds there is reasonable cause to believe that the respondent poses a161 |
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| 193 | 193 | | significant danger of causing personal injury to himself or herself or others in the near162 |
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| 194 | 194 | | future by having in his or her custody or control, or by purchasing, possessing, or receiving,163 |
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| 195 | 195 | | a firearm or ammunition, the court shall issue a temporary ex parte risk protection order.164 |
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| 196 | 196 | | (d) The court shall hold a hearing on the temporary ex parte risk protection order within165 |
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| 197 | 197 | | two business days of the date the petition is filed.166 |
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| 198 | 198 | | (e) A temporary ex parte risk protection order shall include all of the following:167 |
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| 199 | 199 | | (1) A statement of the grounds asserted for the order;168 23 LC 48 0844 |
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| 200 | 200 | | H. B. 584 |
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| 201 | 201 | | - 8 - |
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| 202 | 202 | | (2) The date the order was issued;169 |
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| 203 | 203 | | (3) The address of the court in which any responsive pleading may be filed;170 |
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| 204 | 204 | | (4) The date and time of the scheduled hearing;171 |
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| 205 | 205 | | (5) A description of the requirements for the surrender of all firearms and ammunition172 |
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| 206 | 206 | | that the respondent owns or controls; and173 |
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| 207 | 207 | | (6) The following statement:174 |
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| 208 | 208 | | 'To the subject of this protection order: This order is valid until the date noted above.175 |
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| 209 | 209 | | You are required to surrender all firearms and ammunition that you own in your custody,176 |
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| 210 | 210 | | control, or possession. You may not have in your custody or control or purchase,177 |
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| 211 | 211 | | possess, receive, or attempt to purchase or receive a firearm or ammunition while this178 |
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| 212 | 212 | | order is in effect. You shall surrender immediately to the (insert name of local law179 |
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| 213 | 213 | | enforcement agency) all firearms and ammunition in your custody, control, or possession180 |
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| 214 | 214 | | and any weapons carry license or renewal license issued to you under Code Section181 |
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| 215 | 215 | | 16-11-129. A hearing will be held on the date and at the time noted above to determine182 |
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| 216 | 216 | | if a risk protection order should be issued. Failure to appear at that hearing may result183 |
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| 217 | 217 | | in a court issuing an order against you which is valid for one year. You may seek the184 |
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| 218 | 218 | | advice of an attorney as to any matter connected with this order.'185 |
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| 219 | 219 | | (f) A temporary ex parte risk protection order ends upon the hearing on the risk protection186 |
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| 220 | 220 | | order.187 |
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| 221 | 221 | | (g) A temporary ex parte risk protection order shall be served by a law enforcement officer188 |
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| 222 | 222 | | in the same manner as provided for in Code Section 16-11-145 for service of the petition189 |
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| 223 | 223 | | and notice of hearing and shall be served concurrently with the petition and notice of190 |
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| 224 | 224 | | hearing.191 |
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| 225 | 225 | | (h) If the court denies the petitioner's request for a temporary ex parte risk protection order,192 |
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| 226 | 226 | | the court shall state the particular reasons for the denial.193 23 LC 48 0844 |
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| 227 | 227 | | H. B. 584 |
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| 228 | 228 | | - 9 - |
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| 229 | 229 | | 16-11-145.194 |
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| 230 | 230 | | (a) The clerk of the court shall provide for personal service of the petition, notice of195 |
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| 231 | 231 | | hearing, and temporary ex parte risk protection order or risk protection order, as applicable,196 |
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| 232 | 232 | | upon the respondent. Service under this part shall take precedence over the service of other197 |
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| 233 | 233 | | documents, unless such documents are of a similar emergency nature.198 |
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| 234 | 234 | | (b) All orders issued, changed, continued, extended, or vacated after the original service199 |
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| 235 | 235 | | of documents specified in subsection (a) of this Code section shall be certified by the clerk200 |
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| 236 | 236 | | of the court and delivered to the parties at the time of the entry of the order. The parties201 |
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| 237 | 237 | | may acknowledge receipt of such order in writing on the face of the original order. If a202 |
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| 238 | 238 | | party fails or refuses to acknowledge receipt of a certified copy of an order, the clerk shall203 |
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| 239 | 239 | | note on the original order that service was effected. If delivery at the hearing is not204 |
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| 240 | 240 | | possible, the clerk shall mail certified copies of the order to the parties at the last known205 |
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| 241 | 241 | | address of each party.206 |
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| 242 | 242 | | 16-11-146.207 |
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| 243 | 243 | | (a)(1) The respondent may submit one written request for a hearing to vacate a risk208 |
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| 244 | 244 | | protection order issued under this part, starting after the date of the issuance of the order,209 |
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| 245 | 245 | | and may request another hearing after every extension of the order, if any.210 |
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| 246 | 246 | | (2) Upon receipt of the request for a hearing to vacate a risk protection order, the court211 |
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| 247 | 247 | | shall set a date for a hearing. Notice of the request shall be served on the petitioner in212 |
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| 248 | 248 | | accordance with Code Section 16-11-145. The hearing shall occur no sooner than 14213 |
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| 249 | 249 | | days and no later than 30 days after the date of service of the request upon the petitioner.214 |
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| 250 | 250 | | (3) The respondent shall have the burden of proving by clear and convincing evidence215 |
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| 251 | 251 | | that the respondent does not pose a significant danger of causing personal injury to216 |
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| 252 | 252 | | himself or herself or others by having in his or her custody or control or by purchasing,217 |
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| 253 | 253 | | possessing, or receiving a firearm or ammunition. The court may consider any relevant218 23 LC 48 0844 |
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| 254 | 254 | | H. B. 584 |
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| 255 | 255 | | - 10 - |
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| 256 | 256 | | evidence, including evidence of the considerations as provided in subsection (c) of Code219 |
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| 257 | 257 | | Section 16-11-143.220 |
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| 258 | 258 | | (4) If the court finds after the hearing that the respondent has met his or her burden of221 |
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| 259 | 259 | | proof, the court shall vacate the order.222 |
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| 260 | 260 | | (5) The law enforcement agency holding any firearm, ammunition, or weapons carry223 |
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| 261 | 261 | | license that has been surrendered pursuant to this part shall be notified of the court order224 |
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| 262 | 262 | | to vacate the risk protection order.225 |
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| 263 | 263 | | (b) The court shall notify the petitioner of the impending end of a risk protection order.226 |
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| 264 | 264 | | Notice shall be received by the petitioner at least 30 days before the date the order ends.227 |
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| 265 | 265 | | (c)(1) The petitioner may, by motion, request an extension of a risk protection order at228 |
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| 266 | 266 | | any time within 30 days before the end of the order.229 |
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| 267 | 267 | | (2) Upon receipt of the motion to extend, the court shall order that a hearing be held no230 |
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| 268 | 268 | | later than 14 days after the date the order is issued and shall schedule such hearing. The231 |
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| 269 | 269 | | respondent shall be personally served in the manner provided by Code Section232 |
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| 270 | 270 | | 16-11-145.233 |
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| 271 | 271 | | (3) In determining whether to extend a risk protection order issued under this part, the234 |
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| 272 | 272 | | court may consider all relevant evidence, including evidence of the considerations as235 |
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| 273 | 273 | | provided in subsection (c) of Code Section 16-11-143.236 |
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| 274 | 274 | | (4) If the court finds by clear and convincing evidence that the requirements for issuance237 |
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| 275 | 275 | | of a risk protection order as provided in Code Section 16-11-143 continue to be met, the238 |
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| 276 | 276 | | court shall extend the order. However, if, after notice, the motion for extension is239 |
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| 277 | 277 | | uncontested and no modification of the order is sought, the order may be extended on the240 |
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| 278 | 278 | | basis of a motion or affidavit stating that there has been no material change in relevant241 |
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| 279 | 279 | | circumstances since entry of the order and stating the reason for the requested extension.242 |
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| 280 | 280 | | (5) The court may extend a risk protection order for a period of time that it deems243 |
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| 281 | 281 | | appropriate, but not exceeding 12 months, subject to an order to vacate as provided in244 |
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| 282 | 282 | | subsection (a) of this Code section or to another extension order by the court.245 23 LC 48 0844 |
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| 283 | 283 | | H. B. 584 |
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| 284 | 284 | | - 11 - |
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| 285 | 285 | | 16-11-147.246 |
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| 286 | 286 | | (a) Upon issuance of a risk protection order or temporary ex parte risk protection order247 |
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| 287 | 287 | | under this part, the court shall order the respondent to surrender to the local law248 |
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| 288 | 288 | | enforcement agency all firearms and ammunition owned by the respondent in the249 |
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| 289 | 289 | | respondent's custody, control, or possession, except as provided in Code Section250 |
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| 290 | 290 | | 16-11-149, and any weapons carry license or renewal license issued under Code Section251 |
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| 291 | 291 | | 16-11-129 held by the respondent.252 |
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| 292 | 292 | | (b) The law enforcement officer serving a risk protection order under this part, including253 |
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| 293 | 293 | | a temporary ex parte risk protection order, shall request that the respondent immediately254 |
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| 294 | 294 | | surrender all firearms and ammunition owned by the respondent in his or her custody,255 |
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| 295 | 295 | | control, or possession and any weapons carry license or renewal license issued under Code256 |
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| 296 | 296 | | Section 16-11-129 held by the respondent. The law enforcement officer shall take257 |
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| 297 | 297 | | possession of such firearms, ammunition, and weapons carry license or renewal license so258 |
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| 298 | 298 | | surrendered. If personal service by a law enforcement officer is not possible or is not259 |
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| 299 | 299 | | required because the respondent was present at the risk protection order hearing, the260 |
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| 300 | 300 | | respondent shall surrender any firearms and ammunition owned by the respondent, and any261 |
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| 301 | 301 | | weapons carry license or renewal license issued under Code Section 16-11-129 held by the262 |
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| 302 | 302 | | respondent, in a safe manner to the control of the local law enforcement agency263 |
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| 303 | 303 | | immediately after being served with the order by service or immediately after the hearing264 |
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| 304 | 304 | | at which the respondent was present. Notwithstanding Code Sections 17-5-20, 17-5-21,265 |
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| 305 | 305 | | and 17-5-24, a law enforcement officer may seek a search warrant from a court of266 |
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| 306 | 306 | | competent jurisdiction to conduct a search for firearms or ammunition owned by the267 |
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| 307 | 307 | | respondent if the officer has probable cause to believe that there are firearms or268 |
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| 308 | 308 | | ammunition owned by the respondent in the respondent's custody, control, or possession269 |
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| 309 | 309 | | which have not been surrendered.270 |
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| 310 | 310 | | (c) At the time of surrender, a law enforcement officer taking possession of any firearm271 |
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| 311 | 311 | | or ammunition owned by the respondent, or any weapons carry license or renewal license272 23 LC 48 0844 |
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| 312 | 312 | | H. B. 584 |
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| 313 | 313 | | - 12 - |
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| 314 | 314 | | issued under Code Section 16-11-129 held by the respondent, shall issue a receipt273 |
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| 315 | 315 | | identifying all firearms surrendered, the quantity and type of ammunition surrendered, and274 |
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| 316 | 316 | | any license surrendered and shall provide a copy of the receipt to the respondent. Within275 |
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| 317 | 317 | | 72 hours after service of the order, the law enforcement officer serving the order shall file276 |
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| 318 | 318 | | the original receipt with the court and shall ensure that his or her law enforcement agency277 |
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| 319 | 319 | | retains a copy of the receipt.278 |
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| 320 | 320 | | (d) Notwithstanding Code Sections 17-5-20 and 17-5-21, upon the sworn statement or279 |
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| 321 | 321 | | testimony of any person alleging that the respondent has failed to comply with the280 |
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| 322 | 322 | | surrender of firearms or ammunition owned by the respondent, as required by an order281 |
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| 323 | 323 | | issued under this part, the court shall determine whether probable cause exists to believe282 |
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| 324 | 324 | | that the respondent has failed to surrender all firearms or ammunition owned by the283 |
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| 325 | 325 | | respondent in the respondent's custody, control, or possession. If the court finds that284 |
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| 326 | 326 | | probable cause exists, the court shall issue a warrant describing the firearms or ammunition285 |
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| 327 | 327 | | owned by the respondent and authorizing a search of the locations where such firearms or286 |
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| 328 | 328 | | ammunition are reasonably believed to be found and the seizure of any firearms or287 |
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| 329 | 329 | | ammunition owned by the respondent discovered pursuant to such search.288 |
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| 330 | 330 | | (e) If a person other than the respondent claims title to any firearms or ammunition289 |
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| 331 | 331 | | surrendered pursuant to this part and he or she is determined by the law enforcement290 |
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| 332 | 332 | | agency to be the lawful owner of the firearm or ammunition, the firearm or ammunition291 |
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| 333 | 333 | | shall be returned to him or her if:292 |
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| 334 | 334 | | (1) The lawful owner agrees to store the firearm or ammunition in a manner such that the293 |
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| 335 | 335 | | respondent does not have access to or control of the firearm or ammunition; and294 |
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| 336 | 336 | | (2) The firearm or ammunition is not otherwise unlawfully possessed by the owner.295 |
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| 337 | 337 | | (f) Upon the issuance of a risk protection order, the court shall order a new hearing date296 |
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| 338 | 338 | | and require the respondent to appear no later than three business days after the issuance of297 |
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| 339 | 339 | | the order. The court shall require proof that the respondent has surrendered any firearms298 |
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| 340 | 340 | | or ammunition owned by the respondent in the respondent's custody, control, or possession.299 23 LC 48 0844 |
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| 341 | 341 | | H. B. 584 |
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| 342 | 342 | | - 13 - |
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| 343 | 343 | | The court may cancel the hearing upon a satisfactory showing that the respondent is in300 |
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| 344 | 344 | | compliance with the order.301 |
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| 345 | 345 | | (g) All law enforcement agencies shall develop policies and procedures regarding the302 |
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| 346 | 346 | | acceptance, storage, and return of firearms, ammunition, or licenses required to be303 |
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| 347 | 347 | | surrendered under this part.304 |
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| 348 | 348 | | 16-11-148.305 |
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| 349 | 349 | | (a) If a risk protection order is vacated or ends without extension, a law enforcement306 |
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| 350 | 350 | | agency holding a firearm or any ammunition owned by the respondent, or a weapons carry307 |
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| 351 | 351 | | license or renewal license issued under Code Section 16-11-129 held by the respondent,308 |
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| 352 | 352 | | that has been surrendered or seized pursuant to this part shall return such surrendered309 |
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| 353 | 353 | | firearm, ammunition, or license as requested by a respondent only after confirming through310 |
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| 354 | 354 | | a background check that the respondent is currently eligible to own or possess firearms and311 |
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| 355 | 355 | | ammunition under federal and state law and after confirming with the court that the risk312 |
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| 356 | 356 | | protection order has been vacated or has ended without extension.313 |
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| 357 | 357 | | (b) A law enforcement agency shall provide notice to any family or household members314 |
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| 358 | 358 | | of the respondent before the return of any surrendered firearm, ammunition, or weapons315 |
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| 359 | 359 | | carry license owned or held by the respondent.316 |
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| 360 | 360 | | (c) Any firearm or ammunition surrendered by a respondent pursuant to Code Section317 |
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| 361 | 361 | | 16-11-147 which remains unclaimed by the lawful owner for one year after an order to318 |
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| 362 | 362 | | vacate the risk protection order shall be disposed of in accordance with Article 3 of Chapter319 |
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| 363 | 363 | | 5 of Title 17.320 |
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| 364 | 364 | | 16-11-149.321 |
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| 365 | 365 | | A respondent may elect to transfer all firearms or ammunition owned by the respondent322 |
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| 366 | 366 | | that have been surrendered to or seized by a local law enforcement agency pursuant to323 |
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| 367 | 367 | | Code Section 16-11-147 to another person who is willing to receive the respondent's324 23 LC 48 0844 |
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| 368 | 368 | | H. B. 584 |
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| 369 | 369 | | - 14 - |
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| 370 | 370 | | firearms or ammunition. The law enforcement agency shall allow such a transfer only if325 |
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| 371 | 371 | | the chosen recipient:326 |
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| 372 | 372 | | (1) Currently is eligible to own or possess a firearm or ammunition under federal and327 |
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| 373 | 373 | | state law after confirmation through a background check;328 |
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| 374 | 374 | | (2) Attests to storing the firearms or ammunition in a manner such that the respondent329 |
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| 375 | 375 | | does not have access to or control of the firearms or ammunition until the risk protection330 |
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| 376 | 376 | | order against the respondent is vacated or ends without extension; and331 |
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| 377 | 377 | | (3) Attests not to transfer the firearms or ammunition back to the respondent until the332 |
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| 378 | 378 | | risk protection order against the respondent is vacated or ends without extension.333 |
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| 379 | 379 | | 16-11-149.1.334 |
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| 380 | 380 | | (a) Upon receipt of the copy of the risk protection order, the law enforcement agency shall335 |
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| 381 | 381 | | enter the order into the records of the Georgia Crime Information Center and National336 |
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| 382 | 382 | | Crime Information Center. The order shall remain in each system for the period stated in337 |
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| 383 | 383 | | the order, and the law enforcement agency may only remove an order from the systems if338 |
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| 384 | 384 | | it has ended or been vacated. Entry of the order into the records of the Georgia Crime339 |
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| 385 | 385 | | Information Center and National Crime Information Center constitutes notice to all law340 |
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| 386 | 386 | | enforcement agencies of the existence of the order which shall be fully enforceable in any341 |
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| 387 | 387 | | county in this state.342 |
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| 388 | 388 | | (b) The issuing court shall, within three business days after issuance of a risk protection343 |
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| 389 | 389 | | order or temporary ex parte risk protection order, forward all available identifying344 |
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| 390 | 390 | | information concerning the respondent, along with the date of issuance of the order, to the345 |
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| 391 | 391 | | Georgia Crime Information Center. Upon receipt of the information, the Georgia Crime346 |
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| 392 | 392 | | Information Center shall determine if the respondent has a weapons carry license or347 |
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| 393 | 393 | | firearm. If the respondent does have a weapons carry license or firearm, the center shall348 |
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| 394 | 394 | | immediately suspend the license.349 23 LC 48 0844 |
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| 395 | 395 | | H. B. 584 |
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| 396 | 396 | | - 15 - |
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| 397 | 397 | | (c) If a risk protection order is vacated before its end date, the clerk of the court shall, on350 |
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| 398 | 398 | | the day of the order to vacate, forward a copy of the order to the Georgia Crime351 |
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| 399 | 399 | | Information Center and the appropriate law enforcement agency specified in the order to352 |
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| 400 | 400 | | vacate. Upon receipt of the order, the law enforcement agency shall promptly remove the353 |
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| 401 | 401 | | order from any computer based system in which it was entered pursuant to subsection (a)354 |
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| 402 | 402 | | of this Code section.355 |
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| 403 | 403 | | 16-11-149.2.356 |
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| 404 | 404 | | (a) A person who makes a false statement, which he or she does not believe to be true,357 |
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| 405 | 405 | | under oath in a hearing under this part in regard to any material matter commits a358 |
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| 406 | 406 | | misdemeanor of a high and aggravated nature, punishable as provided in Code Section359 |
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| 407 | 407 | | 17-10-4.360 |
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| 408 | 408 | | (b) A person who has in his or her custody or control a firearm or any ammunition or who361 |
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| 409 | 409 | | purchases, possesses, or receives a firearm or any ammunition with knowledge that he or362 |
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| 410 | 410 | | she is prohibited from doing so by an order issued under this part commits a misdemeanor363 |
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| 411 | 411 | | of a high and aggravated nature, punishable as provided in Code Section 17-10-4.364 |
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| 412 | 412 | | 16-11-149.3.365 |
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| 413 | 413 | | This part shall not be construed to affect the ability of a law enforcement officer to conduct366 |
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| 414 | 414 | | any search and seizure for firearms or ammunition pursuant to other lawful authority.367 |
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| 415 | 415 | | 16-11-149.4.368 |
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| 416 | 416 | | Except as provided in Code Section 16-11-148 or 16-11-149.2, this part shall not impose369 |
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| 417 | 417 | | criminal or civil liability on any person or entity for acts or omissions related to obtaining370 |
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| 418 | 418 | | a risk protection order or temporary ex parte risk protection order, including, but not371 |
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| 419 | 419 | | limited to, providing notice to the respondent, a family or household member of the372 |
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| 420 | 420 | | respondent, and any known third party who may be at risk of violence, or failing to provide373 23 LC 48 0844 |
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| 421 | 421 | | H. B. 584 |
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| 422 | 422 | | - 16 - |
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| 423 | 423 | | such notice, or reporting, declining to report, investigating, declining to investigate, filing,374 |
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| 424 | 424 | | or declining to file a petition under this part.375 |
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| 425 | 425 | | 16-11-149.5.376 |
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| 426 | 426 | | (a)(1) The Administrative Office of the Courts shall develop and prepare instructions and377 |
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| 427 | 427 | | informational brochures, standard petition and risk protection order forms, and a court378 |
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| 428 | 428 | | staff handbook on the risk protection order process. The standard petition and order379 |
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| 429 | 429 | | forms shall be used after January 1, 2022, for all petitions filed and orders issued pursuant380 |
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| 430 | 430 | | to this part. The office shall determine the significant non-English-speaking or limited381 |
|---|
| 431 | 431 | | English-speaking populations in the state and prepare the instructions and informational382 |
|---|
| 432 | 432 | | brochures and standard petition and risk protection order forms in such languages. The383 |
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| 433 | 433 | | instructions, brochures, forms, and handbook shall be prepared in consultation with384 |
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| 434 | 434 | | interested persons, including representatives of gun violence prevention groups, judges,385 |
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| 435 | 435 | | and law enforcement personnel. Materials shall be based on best practices and shall be386 |
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| 436 | 436 | | available online to the public.387 |
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| 437 | 437 | | (2) The instructions shall be designed to assist petitioners in completing the petition and388 |
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| 438 | 438 | | shall include a sample of completed forms for a standard petition and risk protection389 |
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| 439 | 439 | | order.390 |
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| 440 | 440 | | (3) The instructions and standard petition shall include a means for the petitioner to391 |
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| 441 | 441 | | identify, with only layman's knowledge, the firearms or ammunition the respondent may392 |
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| 442 | 442 | | own, possess, receive, or have in his or her custody or control. The instructions shall393 |
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| 443 | 443 | | provide pictures of the types of firearms and ammunition that the petitioner may choose394 |
|---|
| 444 | 444 | | from to identify the relevant firearms or ammunition or shall provide an equivalent means395 |
|---|
| 445 | 445 | | to allow petitioners to identify firearms or ammunition without requiring specific or396 |
|---|
| 446 | 446 | | technical knowledge regarding the firearms or ammunition.397 23 LC 48 0844 |
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| 447 | 447 | | H. B. 584 |
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| 448 | 448 | | - 17 - |
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| 449 | 449 | | (4) The informational brochure shall describe the use of and the process for obtaining,398 |
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| 450 | 450 | | extending, and vacating a risk protection order under this part and shall provide relevant399 |
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| 451 | 451 | | forms.400 |
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| 452 | 452 | | (5) The risk protection order form shall include, in a conspicuous location, notice of401 |
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| 453 | 453 | | criminal penalties resulting from violation of the order and the following statement: 'You402 |
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| 454 | 454 | | have the sole responsibility to avoid or refrain from violating this order's provisions.403 |
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| 455 | 455 | | Only the court can change the order and only upon written request.'404 |
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| 456 | 456 | | (6) The court staff handbook shall allow for the addition of a community resource list by405 |
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| 457 | 457 | | the clerk of the court.406 |
|---|
| 458 | 458 | | (b) Any clerk of the court may create a community resource list of crisis intervention,407 |
|---|
| 459 | 459 | | mental health, substance abuse, interpreter, counseling, and other relevant resources408 |
|---|
| 460 | 460 | | serving the county in which the court is located. The court may make the community409 |
|---|
| 461 | 461 | | resource list available as part of or in addition to the informational brochures described in410 |
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| 462 | 462 | | subsection (a) of this Code section.411 |
|---|
| 463 | 463 | | (c) The Administrative Office of the Courts shall distribute a master copy of the petition412 |
|---|
| 464 | 464 | | and order forms, instructions, and informational brochures to the clerks of court.413 |
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| 465 | 465 | | Distribution of all documents shall, at a minimum, be in an electronic format or in formats414 |
|---|
| 466 | 466 | | accessible to all courts and clerks of court in this state.415 |
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| 467 | 467 | | (d) Within 90 days after receipt of the master copy from the Administrative Office of the416 |
|---|
| 468 | 468 | | Courts, the court shall make available the standardized forms, instructions, and417 |
|---|
| 469 | 469 | | informational brochures required by this Code section.418 |
|---|
| 470 | 470 | | (e) The Administrative Office of the Courts shall update the instructions, brochures,419 |
|---|
| 471 | 471 | | standard petition and risk protection order forms, and court staff handbook as necessary,420 |
|---|
| 472 | 472 | | including when changes in the law make an update necessary."421 |
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| 473 | 473 | | SECTION 2.422 |
|---|
| 474 | 474 | | All laws and parts of laws in conflict with this Act are repealed.423 |
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