AN ACT relative to extreme risk protection orders. Any person who files a petition under this chapter containing allegations the petitioner knows to be false, or who files a petition with intent to harass the respondent, shall be subject to criminal penalties, as set forth in RSA 159-E:11. Be it Enacted by the Senate and House of Representatives in General Court convened: 1  Statement of Purpose. House Bill 687 UPDATE - August 8, 2020. (e)  The address of the court in which any responsive pleading should be filed. The administrative office of the courts shall develop instructions and informational brochures, standard petition forms, and extreme risk protection order forms. Temporary orders issued under this section shall prohibit the respondent from purchasing, possessing, or receiving any firearms and ammunition for the duration of the order and shall further direct the respondent to relinquish to a law enforcement officer all firearms and ammunition in the control, ownership, or possession of the respondent or any other person on behalf of the respondent, and any license to carry a loaded pistol or revolver issued to the respondent under RSA 159:6, for the duration of the protective order. IV. On January 9, 2020 in the House: Ought to Pass with Amendment 2019-2790h: MA RC 201-176 01/08/2020 HJ 1 P. 68 Amendment # 2019-2790h: AA RC 213-162 01/08/2020 HJ 1 P. 68 The petitioner may make alternative arrangements with a federally licensed firearms dealer for the storage of firearms, at the respondent’s own expense, upon approval of the court. VI. III. (f)  A description of the requirements for the surrender of all firearms and ammunition in the control, ownership, or possession of the respondent under RSA 159-E:8. Or iPhone one-tap: 13126266799,,94954573376# or 19292056099,,94954573376# Senate Calendar 24, 3. 159-E:6  Contents of Extreme Risk Protection Orders. (l)  Evidence of recent acquisition of firearms or ammunition by the respondent. All law enforcement agencies shall develop policies and procedures regarding the acceptance, storage, and return of firearms, ammunition, or licenses required to be surrendered under this section. 3  Effective Date. III. (k)  Corroborated evidence of the abuse of controlled substances or alcohol by the respondent. The court may make the community resource list available as part of or in addition to the informational brochures described in paragraph I. III. Read the legislation and learn the truth about what it really does. VI. Notice of the whereabouts of the petitioner shall not be revealed except by order of the court for good cause shown. (i)  The recurring use of, or threat to use, physical force by the respondent against another person or the respondent stalking another person. Governor Sununu stood with Granite Staters and VETOED Michael Bloomberg's destructive and draconian Red Flag bill on August 7th!!! 04/05 . (c)  If the court finds by clear and convincing evidence that the requirements for issuance of an extreme risk protection order as provided in RSA 159-E:5 continue to be met, the court shall extend the order. FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None, [ X ] General            [    ] Education            [    ] Highway           [    ] Other. Use our new PolitiCorps to join with friends and collegaues to monitor & discuss bills through the process.Monitor Legislation or view this same bill number from multiple sessions or take advantage of our national legislative search. Any valid extreme risk protection order, as defined in paragraph II, shall be accorded full faith and credit throughout the state. If the court finds that the respondent is not subject to any state or federal law or court order prohibiting the ownership or possession of firearms, and, if applicable, the court denies the petitioner’s request to extend the extreme risk protection order, the court shall issue a written order directing the law enforcement agency to return the requested firearms and ammunition to the respondent. (d)  The court may extend an extreme risk protection order for a period that it deems appropriate, up to and including but not exceeding 12 months, subject to an order to vacate as provided in paragraph I or to another extension order by the court. An extreme risk protection order issued under this chapter shall include all of the following: (a)  A statement of the grounds supporting the issuance of the order. Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports. All such petitions shall contain the following statement: “I swear that the foregoing information is true and correct to the best of my knowledge. Notice of the request shall be served on the petitioner as provided in RSA 159-E:7. Upon a showing by the petitioner that there is reasonable cause to believe that the respondent poses an immediate risk of causing bodily injury to himself or herself or others by having a firearm or any ammunition in his or her custody or control or by purchasing, possessing, or receiving a firearm or ammunition, the court shall issue a temporary extreme risk protection order. Explanation: Matter added to current law appears in, Matter removed from current law appears [. (b)  Evidence of the respondent having a serious mental illness or recurring mental health condition. The court shall also provide notice as required by RSA 159-E:7, V. II. In determining whether the grounds for a temporary extreme risk protection order exist, the court shall consider any relevant evidence, including but not limited to the evidence described in RSA 159-E:5, III. V.  No filing fee or fee for service of process shall be charged for a petition or response under this section, and the petitioner or respondent may proceed without legal counsel. No later than April 1 of each year the administrative office of the courts shall compile and publish on its website a report which aggregates the information received pursuant to paragraph I and lists each category by county and type of court. Proceedings under this chapter may be transferred to another court upon the motion of any party or of the court as the interests of justice or the convenience of the parties may require. I. Only the court can change the order and only upon written application.". I. The instructions shall provide pictures of types of firearms that the petitioner may choose from to identify the relevant firearms, or an equivalent means to allow petitioners to identify firearms without requiring specific or technical knowledge regarding the firearms. House Bill 687, sponsored by Representative Debra Altschiller (D-Rockingham 19), would allow for the issuance of ex parte orders that would suspend … IV. VI. (b)  The time frame established in this paragraph may be extended for an additional 7 days upon motion by either party for good cause shown. H.R.687 - Handgun Licensing and Registration Act of 2019 116th Congress (2019-2020) | “Firearm” means any weapon, including a starter gun, which will, is designed to, or may be readily converted to expel a projectile by the action of an explosive. (c)  The informational brochure shall describe the use of and the process for obtaining, modifying, and terminating an extreme risk protection order under this chapter, and provide relevant forms. It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. Judicial Branch, Judicial Council and Departments of Justice and Corrections and New Hampshire Association of Counties, LegiScan is an impartial and nonpartisan legislative tracking and reporting service utilizing GAITS and LegiScan API. 159-E:10  Termination and Extension of Orders. House Bill 687, sponsored by Representative Debra Altschiller (D-Rockingham 19), would allow ex parte orders that would suspend Second Amendment rights without adequate due process. Any answer by the respondent shall be filed with the court and a copy shall be provided to the petitioner by the court. The New Hampshire bill now goes to the Senate, which, like the House, is controlled by Democrats. III. The order shall remain in the information system as long as the order remains in effect. HB 687 would allow family members and law enforcement to confiscate people’s firearm on mere accusations of being a danger to themselves and others. The administrative office of the courts shall determine the significant non- English-speaking or limited-English-speaking populations in the state. Has contract with State to provide services. LEGISLATION. CONCORD — The New Hampshire House of Representatives passed a “red flag” bill Wednesday that critics say is a “gun grab” and advocates said would save lives. (e)  The court shall also provide notice of the extension of the order as required in RSA 159-E:7, V. 159-E:11  Violation of Extreme Risk Protection Order; Penalties. New Hampshire House Democrats are attempting to claim a “win” after the House passed a “red flag” bill (House Bill 687). A recusal by the judge or any act of God or closing of the court that interferes with the originally scheduled hearing shall not be cause for the dismissal of the petition. V.  During the hearing, the court shall consider whether a mental health evaluation or chemical dependency evaluation is appropriate and, if such determination is made, may order such evaluations, if appropriate. I. Notice of the pendency of the action and of the facts alleged against the respondent shall be given to the respondent, either personally or as provided in paragraph V.  The petitioner shall be permitted to supplement or amend the petition only if the respondent is provided an opportunity prior to the hearing to respond to the supplemental or amended petition. A temporary extreme risk protection order shall expire upon the hearing on a final extreme risk protection order under RSA 159-E:3, VIII. HOUSE BILL 687-FN . A petitioner may request, and court may enter, a temporary extreme risk protection order with or without actual notice to respondent. CONCORD — Republicans in New Hampshire blasted state Rep. Tamara Le, D-North Hampton, for her use on Facebook of the F-word regarding … Notice shall be received by the petitioner at least 30 days before the date the order is set to expire. II. III. Senate Calendar 24, Remote Hearing: 06/24/2020, 09:10 am; Senate Calendar 24, Introduced 03/11/2020 and Referred to Judiciary; Senate Journal 7, Ought to Pass with Amendment 2019-2790h: Motion Adopted Regular Calendar 201-176 01/08/2020 House Journal 1 P. 68, Amendment # 2019-2790h: Amendment Adopted Regular Calendar 213-162 01/08/2020 House Journal 1 P. 68, Committee Report: Without Recommendation (Vote ; Regular Calendar) House Calendar 50 P. 19, Subcommittee Work Session: 10/10/2019 11:00 am Legislative Office Building 204, Executive Session: 10/30/2019 10:00 am Legislative Office Building 202-204, Full Committee Work Session: 10/23/2019 10:00 am Legislative Office Building 204, Subcommittee Work Session: 10/01/2019 01:00 pm Legislative Office Building 204, Subcommittee Work Session: 09/12/2019 10:00 am Legislative Office Building 204, Subcommittee Work Session: 09/05/2019 11:00 am Legislative Office Building 204, Subcommittee Work Session: 08/22/2019 10:00 am Legislative Office Building 204, Subcommittee Work Session: 06/11/2019 01:00 pm Legislative Office Building 204, Executive Session: 03/13/2019 10:00 am Legislative Office Building 204, ==ROOM CHANGE== Public Hearing: 03/05/2019 10:00 am Reps Hall, Introduced 01/03/2019 and referred to Criminal Justice and Public Safety House Journal 3 P. 26. (f)  Whether the respondent, in this state or any other state, has been convicted of. I. Amend RSA by inserting after chapter 159-D the following new chapter: Effective Date. VII. This act shall take effect January 1, 2020. A person who completes and signs an application for purchase of a firearm and who knows that such purchase is illegal because he or she is subject to an extreme risk protection order shall be guilty of a class A misdemeanor for a first offense and a class B felony for a second or subsequent offense. VIII. Upon issuance of any extreme risk protection under this chapter, including a temporary ex parte extreme risk protection order, the court shall order the respondent to surrender to the local law enforcement agency all firearms and ammunition owned by the respondent or in his or her custody, control, or possession and any license to carry a loaded pistol or revolver issued to the respondent under RSA 159:6. It should be noted that average case cost estimates for FY 2020 and FY 2021 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. Matter removed from current law appears [in brackets and struckthrough.]. In a vote of 3-2 today, right along party lines, New Hampshire Senate Democrats voted to pass House Bill 687 – AN ACT relative to extreme risk protection orders. V.  “Law enforcement officer” means a sheriff or deputy sheriff of any county, a state police officer, a constable or police officer of any city or town, or a conservation officer. The court shall provide the respondent with a form to request a hearing to vacate. 8; Rep. Knirk, Carr. Register now for our free OneVote public service or GAITS Professional trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. VII. 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