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| 2 | 2 | | FIRST REGULAR SESSION |
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| 3 | 3 | | SENATE BILL NO. 191 |
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| 4 | 4 | | 103RD GENERAL ASSEMBLY |
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| 5 | 5 | | INTRODUCED BY SENATOR MAY. |
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| 6 | 6 | | 0102S.01I KRISTINA MARTIN, Secretary |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend chapter 455, RSMo, by adding thereto one new section relating to extreme risk orders |
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| 9 | 9 | | of protection, with penalty provisions. |
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| 10 | 10 | | |
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| 11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 12 | 12 | | Section A. Chapter 455, RSMo, is amended by adding thereto 1 |
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| 13 | 13 | | one new section, to be known as section 455.096, to read as 2 |
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| 14 | 14 | | follows:3 |
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| 15 | 15 | | 455.096. 1. In addition to any other jurisdictional 1 |
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| 16 | 16 | | grounds provided by law, a court shall have jurisdiction to 2 |
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| 17 | 17 | | enter an extreme risk order of protecti on restraining or 3 |
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| 18 | 18 | | enjoining the respondent from possessing any firearms. 4 |
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| 19 | 19 | | 2. (1) Upon the filing of a verified petition by a 5 |
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| 20 | 20 | | law enforcement officer or agency pursuant to this section, 6 |
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| 21 | 21 | | and for good cause shown in the petition, the court may 7 |
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| 22 | 22 | | immediately issue an ex parte order of protection. An 8 |
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| 23 | 23 | | immediate and present danger of the respondent causing 9 |
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| 24 | 24 | | personal injury to him or herself or others shall constitute 10 |
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| 25 | 25 | | good cause shown for purposes of this section. An ex parte 11 |
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| 26 | 26 | | order of protection entere d by the court shall take effect 12 |
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| 27 | 27 | | when entered and shall remain in effect until there is valid 13 |
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| 28 | 28 | | service of process and a hearing is held on the motion 14 |
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| 29 | 29 | | within fifteen days of the filing of the petition. 15 |
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| 30 | 30 | | (2) Failure to serve an ex parte order of prote ction 16 |
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| 31 | 31 | | on the respondent shall not affect the validity or 17 |
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| 32 | 32 | | enforceability of such order. If the respondent is less 18 SB 191 2 |
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| 33 | 33 | | than eighteen years of age, unless otherwise emancipated, 19 |
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| 34 | 34 | | service of process shall be made upon a custodial parent or 20 |
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| 35 | 35 | | guardian of the respondent, or upon a guardian ad litem 21 |
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| 36 | 36 | | appointed by the court, requiring that the person appear and 22 |
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| 37 | 37 | | bring the respondent before the court at the time and place 23 |
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| 38 | 38 | | stated. 24 |
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| 39 | 39 | | (3) If an ex parte order is entered and the respondent 25 |
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| 40 | 40 | | is less than eighteen yea rs of age, the court shall transfer 26 |
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| 41 | 41 | | the case to juvenile court for a hearing on a full order of 27 |
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| 42 | 42 | | protection. The court shall appoint a guardian ad litem for 28 |
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| 43 | 43 | | any such respondent not represented by a parent or guardian. 29 |
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| 44 | 44 | | (4) The law enforcement offic er or agency shall be 30 |
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| 45 | 45 | | responsible for providing notice to a family or household 31 |
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| 46 | 46 | | member of the respondent and to any known third party who 32 |
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| 47 | 47 | | may be at risk of violence. The notice shall state that the 33 |
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| 48 | 48 | | law enforcement officer or agency intends to petition the 34 |
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| 49 | 49 | | court for an extreme risk order of protection or has already 35 |
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| 50 | 50 | | done so, and include referrals to appropriate resources, 36 |
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| 51 | 51 | | including mental health, domestic violence, and counseling 37 |
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| 52 | 52 | | resources. The law enforcement officer or agency shall 38 |
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| 53 | 53 | | attest in the petition to having provided such notice, or 39 |
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| 54 | 54 | | attest to the steps that shall be taken to provide such 40 |
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| 55 | 55 | | notice. 41 |
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| 56 | 56 | | 3. Upon issuance of any ex parte order of protection 42 |
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| 57 | 57 | | under subsection 2 of this section, the court shall order 43 |
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| 58 | 58 | | the respondent to surrende r to the local law enforcement 44 |
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| 59 | 59 | | agency where the respondent resides, all firearms in the 45 |
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| 60 | 60 | | respondent's custody, control, or possession. The law 46 |
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| 61 | 61 | | enforcement officer serving any ex parte order of protection 47 |
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| 62 | 62 | | shall provide the respondent to the order an opp ortunity to 48 |
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| 63 | 63 | | comply with the order by surrendering all firearms in his or 49 |
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| 64 | 64 | | her custody, control, or possession. If the respondent does 50 SB 191 3 |
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| 65 | 65 | | not comply, the law enforcement officer serving the order 51 |
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| 66 | 66 | | shall conduct a lawful search and seizure of any firearms of 52 |
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| 67 | 67 | | the respondent and in any area where probable cause exists 53 |
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| 68 | 68 | | that a firearm to be surrendered pursuant to the order is 54 |
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| 69 | 69 | | located. The law enforcement agency shall hold all 55 |
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| 70 | 70 | | surrendered firearms until a hearing is held on the petition 56 |
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| 71 | 71 | | for the extreme risk order of protection. 57 |
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| 72 | 72 | | 4. Not later than fifteen days after the filing of a 58 |
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| 73 | 73 | | verified petition that meets the requirements of this 59 |
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| 74 | 74 | | section, a hearing shall be held unless the court deems, for 60 |
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| 75 | 75 | | good cause shown, that a continuance should be granted. At 61 |
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| 76 | 76 | | the hearing, if the law enforcement officer or agency has 62 |
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| 77 | 77 | | proved the allegation that the respondent poses a 63 |
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| 78 | 78 | | significant danger to him or herself or others by a 64 |
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| 79 | 79 | | preponderance of the evidence, the court shall issue a full 65 |
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| 80 | 80 | | extreme risk order of protec tion for a period of time of one 66 |
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| 81 | 81 | | year. 67 |
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| 82 | 82 | | 5. Upon issuance of any full extreme risk order of 68 |
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| 83 | 83 | | protection under subsection 4 of this section, the court 69 |
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| 84 | 84 | | shall order the respondent to surrender to the local law 70 |
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| 85 | 85 | | enforcement agency where the respondent re sides, all 71 |
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| 86 | 86 | | firearms in the respondent's custody, control, or 72 |
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| 87 | 87 | | possession. If the respondent has been identified in the 73 |
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| 88 | 88 | | petition as being required to carry a firearm as a condition 74 |
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| 89 | 89 | | of the respondent's employment, the court shall notify the 75 |
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| 90 | 90 | | respondent's employer of the existence of the order. If the 76 |
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| 91 | 91 | | respondent holds a concealed carry permit pursuant to 77 |
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| 92 | 92 | | section 571.101, the court shall order a revocation of the 78 |
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| 93 | 93 | | concealed carry permit. 79 |
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| 94 | 94 | | (1) The law enforcement officer serving any extreme 80 |
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| 95 | 95 | | risk order of protection shall provide the respondent to the 81 |
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| 96 | 96 | | order an opportunity to comply with the order by 82 SB 191 4 |
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| 97 | 97 | | surrendering all firearms in his or her custody, control, or 83 |
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| 98 | 98 | | possession. If the respondent does not comply, the law 84 |
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| 99 | 99 | | enforcement officer serving the o rder shall: 85 |
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| 100 | 100 | | (a) Conduct a lawful search of the respondent and any 86 |
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| 101 | 101 | | area where probable cause exists that a firearm to be 87 |
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| 102 | 102 | | surrendered pursuant to the order is located; and 88 |
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| 103 | 103 | | (b) Take possession of all firearms belonging to the 89 |
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| 104 | 104 | | respondent that are surrendered, in plain sight, or 90 |
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| 105 | 105 | | discovered pursuant to a lawful search conducted pursuant to 91 |
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| 106 | 106 | | paragraph (a) of this subdivision. 92 |
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| 107 | 107 | | (2) If personal service by a law enforcement officer 93 |
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| 108 | 108 | | is not possible, or not required because the respondent was 94 |
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| 109 | 109 | | present at the extreme risk order of protection hearing, the 95 |
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| 110 | 110 | | respondent shall surrender the firearms in a safe manner to 96 |
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| 111 | 111 | | the control of the local law enforcement agency within forty - 97 |
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| 112 | 112 | | eight hours of being served with the order by alternate 98 |
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| 113 | 113 | | service or within forty-eight hours of the hearing or final 99 |
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| 114 | 114 | | decision at which the respondent was present. 100 |
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| 115 | 115 | | (3) At the time of surrender, a law enforcement 101 |
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| 116 | 116 | | officer taking possession of a firearm shall issue a receipt 102 |
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| 117 | 117 | | identifying all firearms that have been surrender ed and 103 |
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| 118 | 118 | | provide a copy of the receipt to the respondent. Within 104 |
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| 119 | 119 | | seventy-two hours after service of the order, the officer 105 |
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| 120 | 120 | | serving the order shall file the original receipt with the 106 |
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| 121 | 121 | | court and shall ensure that his or her law enforcement 107 |
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| 122 | 122 | | agency retains a copy of the receipt. 108 |
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| 123 | 123 | | (4) Upon the sworn statement or testimony of any law 109 |
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| 124 | 124 | | enforcement officer alleging that the respondent has failed 110 |
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| 125 | 125 | | to comply with the surrender of firearms as required by an 111 |
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| 126 | 126 | | order issued under this subsection and subsection 3 of this 112 |
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| 127 | 127 | | section, the court shall determine whether probable cause 113 |
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| 128 | 128 | | exists to believe that the respondent has failed to 114 SB 191 5 |
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| 129 | 129 | | surrender all firearms in his or her possession, custody, or 115 |
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| 130 | 130 | | control. If probable cause exists, the court shall issue a 116 |
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| 131 | 131 | | warrant describing the firearms and authorizing a search of 117 |
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| 132 | 132 | | the locations where the firearms are reasonably believed to 118 |
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| 133 | 133 | | be and the seizure of any firearms discovered pursuant to 119 |
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| 134 | 134 | | such search. 120 |
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| 135 | 135 | | (5) If a person other than the respondent claims title 121 |
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| 136 | 136 | | to any firearms surrendered pursuant to this subsection and 122 |
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| 137 | 137 | | subsection 3 of this section, and he or she is determined by 123 |
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| 138 | 138 | | the law enforcement agency to be the lawful owner of the 124 |
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| 139 | 139 | | firearm, the firearm shall be returned to him or her, 125 |
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| 140 | 140 | | provided that: 126 |
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| 141 | 141 | | (a) The firearm is removed from the respondent's 127 |
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| 142 | 142 | | custody, control, or possession and the lawful owner agrees 128 |
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| 143 | 143 | | to store the firearm in a manner such that the respondent 129 |
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| 144 | 144 | | does not have access to or control of the firearm; and 130 |
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| 145 | 145 | | (b) The firearm is not otherwise unl awfully possessed 131 |
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| 146 | 146 | | by the owner. 132 |
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| 147 | 147 | | (6) A respondent to an extreme risk order of 133 |
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| 148 | 148 | | protection may file a motion to modify or rescind that order 134 |
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| 149 | 149 | | of protection. The respondent may request a hearing on such 135 |
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| 150 | 150 | | a motion with the court that issued the origina l extreme 136 |
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| 151 | 151 | | risk order of protection. The court shall conduct a hearing 137 |
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| 152 | 152 | | on the motion to modify or rescind an extreme risk order of 138 |
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| 153 | 153 | | protection within fifteen days after the motion is filed. 139 |
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| 154 | 154 | | At the hearing, if the respondent has proved by a 140 |
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| 155 | 155 | | preponderance of the evidence that the extreme risk order of 141 |
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| 156 | 156 | | protection must be modified or rescinded, the court shall 142 |
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| 157 | 157 | | modify or rescind the extreme risk order of protection. 143 |
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| 158 | 158 | | 6. If an extreme risk order of protection is 144 |
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| 159 | 159 | | terminated or expires without renewal, a law enforcement 145 |
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| 160 | 160 | | agency holding any firearm that has been surrendered 146 SB 191 6 |
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| 161 | 161 | | pursuant to subsections 3 and 5 of this section shall return 147 |
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| 162 | 162 | | any surrendered firearm requested by a respondent only after 148 |
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| 163 | 163 | | confirming, through a background check administered by the 149 |
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| 164 | 164 | | state highway patrol under section 43.543, that the 150 |
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| 165 | 165 | | respondent is currently eligible to own or possess firearms 151 |
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| 166 | 166 | | under federal and state law and after confirming with the 152 |
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| 167 | 167 | | court that the extreme risk order of protection has 153 |
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| 168 | 168 | | terminated or has expired wi thout renewal. 154 |
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| 169 | 169 | | 7. (1) The law enforcement officer or agency may 155 |
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| 170 | 170 | | renew the extreme risk order of protection if probable cause 156 |
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| 171 | 171 | | is shown that the respondent continues to pose a significant 157 |
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| 172 | 172 | | risk of personal injury to him or herself or others by 158 |
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| 173 | 173 | | possessing a firearm. The extreme risk order of protection 159 |
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| 174 | 174 | | may be renewed for up to one year from the expiration of the 160 |
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| 175 | 175 | | preceding extreme risk order of protection. Written notice 161 |
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| 176 | 176 | | of a hearing on the motion to renew an extreme risk order of 162 |
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| 177 | 177 | | protection shall be given to the respondent by the court. 163 |
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| 178 | 178 | | (2) A law enforcement agency shall, if requested, 164 |
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| 179 | 179 | | provide prior notice of the return of a firearm to a 165 |
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| 180 | 180 | | respondent or to family or household members of the 166 |
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| 181 | 181 | | respondent. 167 |
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| 182 | 182 | | (3) Any firearm surrendered by a respondent pursuant 168 |
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| 183 | 183 | | to subsections 3 and 5 of this section that remains 169 |
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| 184 | 184 | | unclaimed by the lawful owner shall be disposed of in 170 |
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| 185 | 185 | | accordance with the law enforcement agency's policies and 171 |
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| 186 | 186 | | procedures for the disposal of firearms in police custody. 172 |
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| 187 | 187 | | 8. The clerk of any court that issues an extreme risk 173 |
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| 188 | 188 | | order of protection shall send the Missouri state highway 174 |
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| 189 | 189 | | patrol a copy of the order issued by that court within forty - 175 |
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| 190 | 190 | | eight hours of the court issuing the order. Upon receiving 176 |
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| 191 | 191 | | an extreme risk order of protection, the Missouri state 177 |
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| 192 | 192 | | highway patrol shall enter the extreme risk order of 178 SB 191 7 |
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| 193 | 193 | | protection into the Missouri uniform law enforcement system 179 |
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| 194 | 194 | | (MULES) within forty -eight hours of receiving notice of the 180 |
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| 195 | 195 | | order. 181 |
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| 196 | 196 | | 9. A violation of the terms a nd conditions of an ex 182 |
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| 197 | 197 | | parte order of protection pursuant to this section of which 183 |
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| 198 | 198 | | the respondent has notice, shall be a class A misdemeanor 184 |
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| 199 | 199 | | unless the respondent has previously pleaded guilty to or 185 |
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| 200 | 200 | | has been found guilty in any division of the circuit court 186 |
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| 201 | 201 | | of violating an ex parte order of protection or a full order 187 |
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| 202 | 202 | | of protection within five years of the date of the 188 |
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| 203 | 203 | | subsequent violation, in which case the subsequent violation 189 |
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| 204 | 204 | | shall be a class E felony. Evidence of prior pleas of 190 |
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| 205 | 205 | | guilty or findings of guilt shall be heard by the court out 191 |
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| 206 | 206 | | of the presence of the jury prior to submission of the case 192 |
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| 207 | 207 | | to the jury. If the court finds the existence of such prior 193 |
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| 208 | 208 | | pleas of guilty or finding of guilt beyond a reasonable 194 |
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| 209 | 209 | | doubt, the court shall decide th e extent or duration of 195 |
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| 210 | 210 | | sentence or other disposition and shall not instruct the 196 |
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| 211 | 211 | | jury as to the range of punishment or allow the jury to 197 |
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| 212 | 212 | | assess and declare the punishment as a part of its verdict. 198 |
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| 213 | 213 | | 10. A violation of the terms and conditions of a f ull 199 |
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| 214 | 214 | | order of protection pursuant to this section shall be a 200 |
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| 215 | 215 | | class A misdemeanor, unless the respondent has previously 201 |
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| 216 | 216 | | pleaded guilty to or has been found guilty in any division 202 |
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| 217 | 217 | | of the circuit court of violating an ex parte order of 203 |
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| 218 | 218 | | protection or a full order of protection within five years 204 |
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| 219 | 219 | | of the date of the subsequent violation, in which case the 205 |
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| 220 | 220 | | subsequent violation shall be a class E felony. Evidence of 206 |
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| 221 | 221 | | prior pleas of guilty or findings of guilt shall be heard by 207 |
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| 222 | 222 | | the court out of the presence o f the jury prior to 208 |
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| 223 | 223 | | submission of the case to the jury. If the court finds the 209 |
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| 224 | 224 | | existence of such prior plea of guilty or finding of guilt 210 SB 191 8 |
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| 225 | 225 | | beyond a reasonable doubt, the court shall decide the extent 211 |
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| 226 | 226 | | or duration of the sentence or other disposition and shall 212 |
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| 227 | 227 | | not instruct the jury as to the range of punishment or allow 213 |
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| 228 | 228 | | the jury to assess and declare the punishment as a part of 214 |
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| 229 | 229 | | its verdict. For the purposes of this subsection, in 215 |
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| 230 | 230 | | addition to the notice provided by actual service of the 216 |
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| 231 | 231 | | order, a party is deemed to have notice of an order of 217 |
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| 232 | 232 | | protection if: 218 |
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| 233 | 233 | | (1) The law enforcement officer responding to a call 219 |
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| 234 | 234 | | of a reported violation of an order of protection presented 220 |
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| 235 | 235 | | a copy of the order of protection to the respondent; or 221 |
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| 236 | 236 | | (2) Notice is given by actual communication to the 222 |
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| 237 | 237 | | respondent in a manner reasonably likely to advise the 223 |
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| 238 | 238 | | respondent. 224 |
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| 239 | 239 | | |
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