I
118THCONGRESS
1
STSESSION H. R. 768
To support State, Tribal, and local efforts to remove access to firearms
from individuals who are a danger to themselves or others pursuant
to court orders for this purpose.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY2, 2023
Mr. C
ARBAJAL(for himself, Mr. BEYER, and Ms. BROWNLEY) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
To support State, Tribal, and local efforts to remove access
to firearms from individuals who are a danger to them-
selves or others pursuant to court orders for this pur-
pose.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Extreme Risk Protec-4
tion Order Expansion Act of 2023’’. 5
SEC. 2. EXTREME RISK PROTECTION ORDER GRANT PRO-6
GRAM. 7
(a) D
EFINITIONS.—In this section: 8
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 2
•HR 768 IH
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-1
ty’’ means— 2
(A) a State or Indian Tribe— 3
(i) that enacts legislation described in 4
subsection (c); 5
(ii) with respect to which the Attorney 6
General determines that the legislation de-7
scribed in clause (i) complies with the re-8
quirements under subsection (c)(1); and 9
(iii) that certifies to the Attorney 10
General that the State or Indian Tribe 11
will, with respect to a grant received under 12
subsection (b)— 13
(I) use the grant for the purposes 14
described in subsection (b)(2); and 15
(II) allocate not less than 25 per-16
cent and not more than 70 percent of 17
the amount received under the grant 18
for the development and dissemination 19
of training for law enforcement offi-20
cers in accordance with subsection 21
(b)(4); or 22
(B) a unit of local government or other 23
public or private entity that— 24
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 3
•HR 768 IH
(i) is located in a State or in the terri-1
tory under the jurisdiction of an Indian 2
Tribe that meets the requirements de-3
scribed in clauses (i) and (ii) of subpara-4
graph (A); and 5
(ii) certifies to the Attorney General 6
that the unit of local government or entity 7
will, with respect to a grant received under 8
subsection (b)— 9
(I) use the grant for the purposes 10
described in subsection (b)(2); and 11
(II) allocate not less than 25 per-12
cent and not more than 70 percent of 13
the amount received under the grant 14
for the development and dissemination 15
of training for law enforcement offi-16
cers in accordance with subsection 17
(b)(4). 18
(2) E
XTREME RISK PROTECTION ORDER .—The 19
term ‘‘extreme risk protection order’’ means a writ-20
ten order or warrant, issued by a State or Tribal 21
court or signed by a magistrate (or other com-22
parable judicial officer), the primary purpose of 23
which is to reduce the risk of firearm-related death 24
or injury by doing 1 or more of the following: 25
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 4
•HR 768 IH
(A) Prohibiting a named individual from 1
having under the custody or control of the indi-2
vidual, owning, purchasing, possessing, or re-3
ceiving a firearm. 4
(B) Having a firearm removed or requiring 5
the surrender of firearms from a named indi-6
vidual. 7
(3) F
IREARM.—The term ‘‘firearm’’ has the 8
meaning given the term in section 921 of title 18, 9
United States Code. 10
(4) I
NDIAN TRIBE.—The term ‘‘Indian Tribe’’ 11
has the meaning given the term ‘‘Indian tribe’’ in 12
section 1709 of title I of the Omnibus Crime Control 13
and Safe Streets Act of 1968 (34 U.S.C. 10389). 14
(5) L
AW ENFORCEMENT OFFICER .—The term 15
‘‘law enforcement officer’’ means a public servant 16
authorized by Federal, State, local, or Tribal law or 17
by an agency of the Federal Government or of a 18
State, local, or Tribal government to— 19
(A) engage in or supervise the prevention, 20
detection, investigation, or prosecution of an of-21
fense; or 22
(B) supervise sentenced criminal offenders. 23
(6) P
ETITIONER.—The term ‘‘petitioner’’ 24
means an individual authorized under State or Trib-25
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 5
•HR 768 IH
al law to petition for an extreme risk protection 1
order. 2
(7) R
ESPONDENT.—The term ‘‘respondent’’ 3
means an individual named in the petition for an ex-4
treme risk protection order or subject to an extreme 5
risk protection order. 6
(8) S
TATE.—The term ‘‘State’’ means— 7
(A) a State; 8
(B) the District of Columbia; 9
(C) the Commonwealth of Puerto Rico; 10
and 11
(D) any other territory or possession of the 12
United States. 13
(9) U
NIT OF LOCAL GOVERNMENT .—The term 14
‘‘unit of local government’’ has the meaning given 15
the term in section 901 of title I of the Omnibus 16
Crime Control and Safe Streets Act of 1968 (34 17
U.S.C. 10251). 18
(b) G
RANTPROGRAMESTABLISHED.— 19
(1) I
N GENERAL.—The Attorney General shall 20
establish a program under which, from amounts 21
made available to carry out this section, the Attor-22
ney General may make grants to eligible entities to 23
assist in carrying out the provisions of the legisla-24
tion described in subsection (c). 25
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 6
•HR 768 IH
(2) USE OF FUNDS.—Funds awarded under 1
this subsection may be used by an applicant to— 2
(A) enhance the capacity of law enforce-3
ment agencies and the courts of a State, unit 4
of local government, or Indian Tribe by pro-5
viding personnel, training, technical assistance, 6
data collection, and other resources to carry out 7
enacted legislation described in subsection (c); 8
(B) train judges, court personnel, health 9
care and legal professionals, and law enforce-10
ment officers to more accurately identify indi-11
viduals whose access to firearms poses a danger 12
of causing harm to themselves or others by in-13
creasing the risk of firearms suicide or inter-14
personal violence; 15
(C) develop and implement law enforce-16
ment and court protocols, forms, and orders so 17
that law enforcement agencies and the courts 18
may carry out the provisions of the enacted leg-19
islation described in subsection (c) in a safe, eq-20
uitable, and effective manner, including through 21
the removal and storage of firearms pursuant to 22
extreme risk protection orders under the en-23
acted legislation; and 24
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 7
•HR 768 IH
(D) raise public awareness and under-1
standing of the enacted legislation described in 2
subsection (c), including through subgrants to 3
community-based organizations for the training 4
of community members, so that extreme risk 5
protection orders may be issued in appropriate 6
situations to reduce the risk of firearms-related 7
death and injury. 8
(3) A
PPLICATION.—An eligible entity desiring a 9
grant under this subsection shall submit to the At-10
torney General an application at such time, in such 11
manner, and containing or accompanied by such in-12
formation as the Attorney General may reasonably 13
require. 14
(4) T
RAINING.— 15
(A) I
N GENERAL.—A recipient of a grant 16
under this subsection shall provide training to 17
law enforcement officers, including officers of 18
relevant Federal, State, local, and Tribal law 19
enforcement agencies, in the safe, impartial, ef-20
fective, and equitable use and administration of 21
extreme risk protection orders, including train-22
ing to address— 23
(i) bias based on race and racism, eth-24
nicity, gender, sexual orientation, gender 25
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 8
•HR 768 IH
identity, religion, language proficiency, 1
mental health condition, disability, and 2
classism in the use and administration of 3
extreme risk protection orders; 4
(ii) the appropriate use of extreme 5
risk protection orders in cases of domestic 6
violence, including the applicability of other 7
policies and protocols to address domestic 8
violence in situations that may also involve 9
extreme risk protection orders and the ne-10
cessity of safety planning with the victim 11
before a law enforcement officer petitions 12
for and executes an extreme risk protection 13
order, if applicable; 14
(iii) interacting with persons with a 15
mental illness or emotional distress, includ-16
ing de-escalation and crisis intervention; 17
and 18
(iv) best practices for referring per-19
sons subject to extreme risk protection or-20
ders and associated victims of violence to 21
social service providers that may be avail-22
able in the jurisdiction and appropriate for 23
those individuals, including health care, 24
mental health, substance abuse, and legal 25
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 9
•HR 768 IH
services, employment and vocational serv-1
ices, housing assistance, case management, 2
and veterans and disability benefits. 3
(B) C
ONSULTATION WITH EXPERTS .—A 4
recipient of a grant under this subsection, in 5
developing law enforcement training required 6
under subparagraph (A), shall seek advice from 7
domestic violence service providers (including 8
culturally specific (as defined in section 40002 9
of the Violence Against Women Act of 1994 (34 10
U.S.C. 12291)) organizations), social service 11
providers, suicide prevention advocates, violence 12
intervention specialists, law enforcement agen-13
cies, mental health disability experts, and other 14
community groups working to reduce suicides 15
and violence, including domestic violence, within 16
the State or the territory under the jurisdiction 17
of the Indian Tribe, as applicable, that enacted 18
the legislation described in subsection (c) that 19
enabled the grant recipient to be an eligible en-20
tity. 21
(5) A
UTHORIZATION OF APPROPRIATIONS .— 22
There are authorized to be appropriated such sums 23
as are necessary to carry out this subsection. 24
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 10
•HR 768 IH
(c) ELIGIBILITY FOREXTREMERISKPROTECTION 1
O
RDERGRANTPROGRAM.— 2
(1) R
EQUIREMENTS.—Legislation described in 3
this subsection is legislation that establishes require-4
ments that are substantially similar to the following: 5
(A) P
ETITION FOR EXTREME RISK PRO -6
TECTION ORDER.—A petitioner, including a law 7
enforcement officer, may submit a petition to a 8
State or Tribal court, on a form designed by 9
the court or a State or Tribal agency, that— 10
(i) describes the facts and cir-11
cumstances justifying that an extreme risk 12
protection order be issued against the 13
named individual; and 14
(ii) is signed by the applicant, under 15
oath. 16
(B) N
OTICE AND DUE PROCESS .—The in-17
dividual named in a petition for an extreme risk 18
protection order as described in subparagraph 19
(A) shall be given written notice of the petition 20
and an opportunity to be heard on the matter 21
in accordance with this paragraph. 22
(C) I
SSUANCE OF EXTREME RISK PROTEC -23
TION ORDERS.— 24
(i) H
EARING.— 25
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 11
•HR 768 IH
(I) IN GENERAL.—Upon receipt 1
of a petition described in subpara-2
graph (A) or request of an individual 3
named in such a petition, the court 4
shall order a hearing to be held within 5
a reasonable time, and not later than 6
30 days after the date of the petition 7
or request. 8
(II) D
ETERMINATION.—If the 9
court finds at the hearing ordered 10
under subclause (I), by a preponder-11
ance of the evidence or according to a 12
higher evidentiary standard estab-13
lished by the State or Indian Tribe, 14
that the respondent poses a danger of 15
causing harm to self or others by hav-16
ing access to a firearm, the court may 17
issue an extreme risk protection order. 18
(ii) D
URATION OF EXTREME RISK 19
PROTECTION ORDER .—An extreme risk 20
protection order shall be in effect— 21
(I) until an order terminating or 22
superseding the extreme risk protec-23
tion order is issued; or 24
(II) for a set period of time. 25
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 12
•HR 768 IH
(D) EX PARTE EXTREME RISK PROTEC -1
TION ORDERS.— 2
(i) I
N GENERAL.—Upon receipt of a 3
petition described in subparagraph (A), the 4
court may issue an ex parte extreme risk 5
protection order, if— 6
(I) the petition for an extreme 7
risk protection order alleges that the 8
respondent poses a danger of causing 9
harm to self or others by having ac-10
cess to a firearm; and 11
(II) the court finds there is prob-12
able cause to believe, or makes a find-13
ing according to a higher evidentiary 14
standard established by the State or 15
Indian Tribe, that the respondent 16
poses a danger of causing harm to self 17
or others by having access to a fire-18
arm. 19
(ii) D
URATION OF EX PARTE EX -20
TREME RISK PROTECTION ORDER .—An ex 21
parte extreme risk protection order shall 22
remain in effect only until the hearing re-23
quired under subparagraph (C)(i). 24
(E) S
TORAGE OF REMOVED FIREARMS .— 25
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 13
•HR 768 IH
(i) AVAILABILITY FOR RETURN .—All 1
firearms removed or surrendered pursuant 2
to an extreme risk protection order shall 3
only be available for return to the named 4
individual when the individual has regained 5
eligibility under Federal and State law 6
and, where applicable, Tribal law to pos-7
sess firearms. 8
(ii) C
ONSENT REQUIRED FOR DIS -9
POSAL OR DESTRUCTION .—Firearms 10
owned by a named individual may not be 11
disposed of or destroyed during the period 12
of the extreme risk protection order with-13
out the consent of the named individual. 14
(F) N
OTIFICATION.— 15
(i) I
N GENERAL.— 16
(I) R
EQUIREMENT.—A State or 17
Tribal court that issues an extreme 18
risk protection order shall notify the 19
Attorney General or the comparable 20
State or Tribal agency, as applicable, 21
of the order as soon as practicable or 22
within a designated period of time. 23
(II) F
ORM AND MANNER .—A 24
State or Tribal court shall submit a 25
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 14
•HR 768 IH
notification under subclause (I) in an 1
electronic format, in a manner pre-2
scribed by the Attorney General or the 3
comparable State or Tribal agency. 4
(ii) U
PDATE OF DATABASES .—As 5
soon as practicable or within the time pe-6
riod designated by State or Tribal law 7
after receiving a notification under clause 8
(i), the Attorney General or the com-9
parable State or Tribal agency shall ensure 10
that the extreme risk protection order is 11
reflected in the National Instant Criminal 12
Background Check System. 13
(2) A
DDITIONAL PROVISIONS.—Legislation de-14
scribed in this subsection may— 15
(A) provide procedures for the termination 16
of an extreme risk protection order; 17
(B) provide procedures for the renewal of 18
an extreme risk protection order; 19
(C) establish burdens and standards of 20
proof for issuance of orders described in para-21
graph (1) that are substantially similar to or 22
higher than the burdens and standards of proof 23
set forth in that paragraph; 24
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 15
•HR 768 IH
(D) limit the individuals who may submit 1
a petition described in paragraph (1), provided 2
that, at a minimum, 1 or more law enforcement 3
officers are authorized to do so; and 4
(E) include any other authorizations or re-5
quirements that the State or Tribal authorities 6
determine appropriate. 7
(3) A
NNUAL REPORT.—Not later than 1 year 8
after the date on which an eligible entity receives a 9
grant under subsection (b), and annually thereafter 10
for the duration of the grant period, the entity shall 11
submit to the Attorney General a report that in-12
cludes, with respect to the preceding year— 13
(A) the number of petitions for ex parte 14
extreme risk protection orders filed, as well as 15
the number of such orders issued and the num-16
ber denied, disaggregated by— 17
(i) the jurisdiction; 18
(ii) the individual authorized under 19
State or Tribal law to petition for an ex-20
treme risk protection order, including the 21
relationship of the individual to the re-22
spondent; and 23
(iii) the alleged danger posed by the 24
respondent, including whether the danger 25
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 16
•HR 768 IH
involved a risk of suicide, unintentional in-1
jury, domestic violence, or other inter-2
personal violence; 3
(B) the number of petitions for extreme 4
risk protection orders filed, as well as the num-5
ber of such orders issued and the number de-6
nied, disaggregated by— 7
(i) the jurisdiction; 8
(ii) the individual authorized under 9
State or Tribal law to petition for an ex-10
treme risk protection order, including the 11
relationship of the individual to the re-12
spondent; and 13
(iii) the alleged danger posed by the 14
respondent, including whether the danger 15
involved a risk of suicide, unintentional in-16
jury, domestic violence, or other inter-17
personal violence; 18
(C) the number of petitions for renewals of 19
extreme risk protection orders filed, as well as 20
the number of such orders issued and the num-21
ber denied; 22
(D) the number of cases in which a court 23
imposed a penalty for false reporting or frivo-24
lous petitions; 25
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 17
•HR 768 IH
(E) demographic data of petitioners, in-1
cluding race, ethnicity, national origin, sex, gen-2
der, age, disability, and English language pro-3
ficiency, if available; 4
(F) demographic data of respondents, in-5
cluding race, ethnicity, national origin, sex, gen-6
der, age, disability, and English language pro-7
ficiency, if available; and 8
(G) the number of firearms removed, if 9
available. 10
SEC. 3. FEDERAL FIREARMS PROHIBITION. 11
Section 922 of title 18, United States Code, is 12
amended— 13
(1) in subsection (d)— 14
(A) by redesignating paragraphs (10) and 15
(11) as paragraphs (11) and (12), respectively; 16
(B) by inserting after paragraph (9) the 17
following: 18
‘‘(10) is subject to a court order that— 19
‘‘(A) was issued after a hearing of which 20
such person received actual notice, and at which 21
such person had an opportunity to participate; 22
‘‘(B) prevents such person from possessing 23
or receiving firearms; and 24
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 18
•HR 768 IH
‘‘(C) includes a finding that such person 1
poses a danger of harm to self or others.’’; and 2
(C) in paragraph (12), as so redesignated, 3
by striking ‘‘(10)’’ and inserting ‘‘(11)’’; and 4
(2) in subsection (g)— 5
(A) in paragraph (8)(C)(ii), by striking 6
‘‘or’’ at the end; 7
(B) in paragraph (9), by striking the 8
comma at the end and inserting ‘‘; or’’; and 9
(C) by inserting after paragraph (9) the 10
following: 11
‘‘(10) is subject to a court order that— 12
‘‘(A) was issued after a hearing of which 13
such person received actual notice, and at which 14
such person had an opportunity to participate; 15
‘‘(B) prevents such person from possessing 16
or receiving firearms; and 17
‘‘(C) includes a finding that such person 18
poses a danger of harm to self or others,’’. 19
SEC. 4. IDENTIFICATION RECORDS. 20
Section 534 of title 28, United States Code, is 21
amended— 22
(1) in subsection (a)— 23
(A) by redesignating paragraphs (4) and 24
(5) as paragraphs (5) and (6), respectively; and 25
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 19
•HR 768 IH
(B) by inserting after paragraph (3) the 1
following: 2
‘‘(4) acquire, collect, classify, and preserve 3
records from Federal, Tribal, and State courts and 4
other agencies identifying individuals subject to ex-5
treme risk protection orders, as defined in section 6
2(a) of the Extreme Risk Protection Order Expan-7
sion Act of 2023;’’; 8
(2) in subsection (b)— 9
(A) by striking ‘‘(a)(5)’’ and inserting 10
‘‘(a)(6)’’; and 11
(B) by striking ‘‘(a)(4)’’ and inserting 12
‘‘(a)(5)’’; and 13
(3) by adding at the end the following: 14
‘‘(g) E
XTREMERISKPROTECTIONORDERS INNA-15
TIONALCRIMEINFORMATIONDATABASES.—A Federal, 16
Tribal, or State criminal justice agency or criminal or civil 17
court may— 18
‘‘(1) include extreme risk protection orders, as 19
defined in section 2(a) of the Extreme Risk Protec-20
tion Order Expansion Act of 2023, in national crime 21
information databases, as that term is defined in 22
subsection (f)(3) of this section; and 23
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 20
•HR 768 IH
‘‘(2) have access to information regarding ex-1
treme risk protection orders through the national 2
crime information databases.’’. 3
SEC. 5. CONFORMING AMENDMENT. 4
Section 3(1) of the NICS Improvement Amendments 5
Act of 2007 (34 U.S.C. 40903(1)) is amended by striking 6
‘‘section 922(g)(8)’’ and inserting ‘‘paragraph (8) or (10) 7
of section 922(g)’’. 8
SEC. 6. FULL FAITH AND CREDIT. 9
(a) D
EFINITIONS.—In this section, the terms ‘‘ex-10
treme risk protection order’’, ‘‘Indian Tribe’’, and ‘‘State’’ 11
have the meanings given those terms in section 2(a). 12
(b) F
ULLFAITH ANDCREDITREQUIRED.—Any ex-13
treme risk protection order issued under a State or Tribal 14
law enacted in accordance with this Act shall be accorded 15
the same full faith and credit by the court of another State 16
or Indian Tribe (referred to in this subsection as the ‘‘en-17
forcing State or Indian Tribe’’) and enforced by the court 18
and law enforcement personnel of the other State or Tribal 19
government as if it were the order of the enforcing State 20
or Indian Tribe. 21
(c) A
PPLICABILITY TOEXTREMERISKPROTECTION 22
O
RDERS.— 23
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 21
•HR 768 IH
(1) IN GENERAL.—Subsection (b) shall apply to 1
an extreme risk protection order issued by a State 2
or Tribal court if— 3
(A) the court has jurisdiction over the par-4
ties and matter under the law of the State or 5
Indian Tribe; and 6
(B) reasonable notice and opportunity to 7
be heard is given to the person against whom 8
the order is sought sufficient to protect that 9
person’s right to due process. 10
(2) E
X PARTE EXTREME RISK PROTECTION OR -11
DERS.—For purposes of paragraph (1)(B), in the 12
case of an ex parte extreme risk protection order, 13
notice and opportunity to be heard shall be provided 14
within the time required by State or Tribal law, and 15
in any event within a reasonable time after the order 16
is issued, sufficient to protect the due process rights 17
of the respondent. 18
(d) T
RIBALCOURTJURISDICTION.—For purposes of 19
this section, a court of an Indian Tribe shall have full civil 20
jurisdiction to issue and enforce an extreme risk protection 21
order involving any person, including the authority to en-22
force any order through civil contempt proceedings, to ex-23
clude violators from Indian land, and to use other appro-24
priate mechanisms, in matters arising anywhere in the In-25
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS 22
•HR 768 IH
dian country (as defined in section 1151 of title 18, 1
United States Code) of the Indian Tribe or otherwise with-2
in the authority of the Indian Tribe. 3
SEC. 7. SEVERABILITY. 4
If any provision of this Act or amendment made by 5
this Act, or the application of such provision or amend-6
ment to any person or circumstance, is held to be invalid, 7
the remaining provisions of this Act and amendments 8
made by this Act, or the application of such provision or 9
amendment to other persons or circumstances, shall not 10
be affected. 11
SEC. 8. EFFECTIVE DATE. 12
This Act and the amendments made by this Act shall 13
take effect on the date that is 180 days after the date 14
of enactment of this Act. 15
Æ
VerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6301 E:\BILLS\H768.IH H768
kjohnson on DSK79L0C42PROD with BILLS