Rhode Island 2023 Regular Session

Rhode Island House Bill H5360 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2023 -- H 5360
6	6	========
7	7	LC001034
8	8	========
9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- EXTREME RISK
16	16	PROTECTION ORDERS
17	17	Introduced By: Representatives Felix, Edwards, Solomon, Kazarian, Casey, Alzate, Cruz,
18	18	Kislak, Bennett, and Henries
19	19	Date Introduced: February 03, 2023
20	20	Referred To: House Judiciary
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Sections 8-8.3-4 and 8-8.3-6 of the General Laws in Chapter 8-8.3 entitled 1
25	25	"Extreme Risk Protection Orders" are hereby amended to read as follows: 2
26	26	8-8.3-4. Temporary orders — Proceedings. 3
27	27	(a) Upon the filing of a petition under this chapter, the court may enter a temporary order 4
28	28	if the court finds there is probable cause from specific facts shown by the petition that the 5
29	29	respondent poses a significant danger of causing imminent personal injury to self or others by 6
30	30	having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm before 7
31	31	notice can be served and a hearing held. 8
32	32	(b) If the court finds probable cause under subsection (a) of this section and from the sworn 9
33	33	affidavit, a search warrant shall issue pursuant to chapter 5 of title 12 for the search for any firearms 10
34	34	in the possession, custody, or control of the respondent. The warrant shall be executed pursuant to 11
35	35	chapter 5 of title 12. 12
36	36	(c) When the court is unavailable after the close of business, a petition and affidavit may 13
37	37	be filed before any available superior court judge. 14
38	38	(d) Any order and warrant issued under this section, and any documentation in support of 15
39	39	an order and warrant, shall be filed immediately with the clerk of the superior court. The filing shall 16
40	40	have the effect of commencing proceedings under this chapter and invoking the other provisions 17
41	41	of this chapter. 18
42	42
43	43
44	44	LC001034 - Page 2 of 5
45	45	(e) A temporary extreme risk protection order must include: 1
46	46	(1) A statement of the grounds supporting the issuance of the order; 2
47	47	(2) The date and time the order was issued; 3
48	48	(3) A statement that the order shall continue until such time as a court considers the petition 4
49	49	pursuant to § 8-8.3-5 at a hearing; 5
50	50	(4) The address of the court that issued the order and in which any responsive pleading 6
51	51	should be filed; 7
52	52	(5) The date and time of the scheduled hearing; 8
53	53	(6) The following statement: “To the subject of this protection order: This order will 9
54	54	continue until the hearing scheduled on the date and time noted above. If any of your firearms have 10
55	55	not been seized by the petitioner, you are under an obligation to immediately contact the petitioner 11
56	56	to arrange for the surrender of any other firearms that you own and/or are in your custody, control, 12
57	57	or possession, that have not been seized. You must surrender to the petitioner all firearms that you 13
58	58	own and/or are in your custody, control, or possession, and also immediately surrender to the 14
59	59	licensing authority or the attorney general any concealed carry permit issued to you pursuant to § 15
60	60	11-47-11 or § 11-47-18. While this order is in effect, it is illegal for you to have any firearm in your 16
61	61	possession, custody, or control or for you to purchase, receive, or attempt to purchase or receive 17
62	62	any firearm. You may seek the advice of an attorney as to any matter connected with this order. If 18
63	63	you believe you cannot afford an attorney, you are hereby referred to the public defender for an 19
64	64	intake interview, and if eligible, the court shall appoint an attorney for you.” 20
65	65	(7) Any temporary extreme risk protection order issued pursuant to this section shall 21
66	66	continue until the time of the hearing pursuant to § 8-8.3-5. If the court continues a hearing pursuant 22
67	67	to § 8-8.3-5, the temporary order shall remain in effect until the next hearing date. 23
68	68	(f) The court shall schedule a hearing within fourteen (14) days of the issuance of a 24
69	69	temporary extreme risk protection order to determine if a one-year extreme risk protection order 25
70	70	should be issued under this chapter. 26
71	71	(g) A temporary extreme risk protection order shall be immediately personally served by 27
72	72	the petitioner, consistent with the provisions of § 8-8.3-6, along with supporting documents that 28
73	73	formed the basis of the order, the notice of hearing, and the petition for the one-year extreme 29
74	74	protection order. Alternative service shall be in accordance with § 8-8.3-6. Service issued under 30
75	75	this section takes precedence over the service of other documents, unless the other documents are 31
76	76	of a similar emergency nature. If timely personal service cannot be made, the court shall set a new 32
77	77	hearing date and shall require additional attempts at obtaining personal service or permit alternative 33
78	78	service as provided in this chapter. 34
79	79
80	80
81	81	LC001034 - Page 3 of 5
82	82	(h) If the court declines to issue a temporary extreme risk protection order, the court shall 1
83	83	state in writing the reasons for the denial. 2
84	84	8-8.3-6. Service of one-year extreme risk protection orders. 3
85	85	(a) A one-year extreme risk protection order issued under this chapter shall be personally 4
86	86	served upon the respondent by the division of sheriffs. Provided, the division of sheriffs may 5
87	87	request the assistance of the state police with the service as needed. If the division of sheriffs cannot 6
88	88	complete service of the one-year extreme risk protection order upon the respondent within seven 7
89	89	(7) days of the order’s issuance, the deputy sheriff shall notify the petitioner and the court. The 8
90	90	petitioner shall then seek an order for alternative service pursuant to this chapter. The division of 9
91	91	sheriffs shall not charge or accept any fee for effectuation of service of any temporary or one-year 10
92	92	extreme risk protection order issued under this chapter. 11
93	93	(1) Any law enforcement agency that has a petition for a temporary or one-year extreme 12
94	94	risk protection order granted under this chapter may transmit a copy of any documents that must 13
95	95	be served including, but not limited to, any orders, affidavits, or any other documents required to 14
96	96	be served on the respondent, to the division of sheriffs by email, facsimile or other electronic means. 15
97	97	Any such documents, provided that they contain a seal of the court in which they were filed, so 16
98	98	transmitted, shall be considered true and accurate copies and the division of sheriffs shall not 17
99	99	require that hard or paper copies be hand delivered to its office before effectuating service. 18
100	100	(2) After serving the respondent under subsection (a) of this section, the division of sheriffs 19
101	101	shall promptly transfer a copy of the documents so served as well as the proof of service to the 20
102	102	court from which the order was issued. The division of sheriffs shall also transfer a copy of the 21
103	103	same documents to the petitioner. 22
104	104	(b) If the court determines that after diligent effort, personal service on the respondent with 23
105	105	or of any documents as required pursuant to this chapter cannot be made, then the court may order 24
106	106	an alternative method of service designed to give reasonable notice to the respondent. Alternative 25
107	107	service may include, but shall not be limited to: service by certified and regular mail at respondent’s 26
108	108	last-known address or place of employment; leaving copies at the respondent’s dwelling or usual 27
109	109	place of abode with a person of suitable age and discretion residing therein; or by affixing a 28
110	110	summons to the door of the respondent’s residence. Provided, due to the nature of these 29
111	111	proceedings, notice shall not be given by publication in a newspaper. 30
112	112	(c) In the event personal service of any order, notice, or other document issued pursuant to 31
113	113	this chapter cannot be obtained, the court shall have discretion to continue any extreme risk 32
114	114	protection order, and hearing thereon, as the court deems appropriate, until service can be made 33
115	115	upon the respondent. 34
116	116
117	117
118	118	LC001034 - Page 4 of 5
119	119	(d) Upon receipt of alternative service of any order, notice, or other document issued 1
120	120	pursuant to this chapter, the respondent shall comply with the order, notice, or document as if 2
121	121	personally served. 3
122	122	SECTION 2. This act shall take effect upon passage. 4
123	123	========
124	124	LC001034
125	125	========
126	126
127	127
128	128	LC001034 - Page 5 of 5
129	129	EXPLANATION
130	130	BY THE LEGISLATIVE COUNCIL
131	131	OF
132	132	A N A C T
133	133	RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- EXTREME RISK
134	134	PROTECTION ORDERS
135	135	***
136	136	This act would prohibit the division of sheriffs from charging or accepting any fees from 1
137	137	any Rhode Island law enforcement agency for effectuation of service of any temporary or one-year 2
138	138	extreme risk protection order. It would also require the division of sheriffs to accept transmission 3
139	139	of extreme risk protection documents, petitions and summons, by email, facsimile or other 4
140	140	electronic means. 5
141	141	This act would take effect upon passage. 6
142	142	========
143	143	LC001034
144	144	========