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