Protecting Our Communities and Rights Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 744 To provide States with funding to establish new tools to prevent suicide and violence, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 24, 2019 Mr. KATKO (for himself, Mr. PETERSON, Mr. CURTIS, Mr. RODNEY DAVIS of Illinois, Mr. CUELLAR, and Mr. DIAZ-BALART) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide States with funding to establish new tools to prevent suicide and violence, and for other purposes. 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 ‘‘Protecting Our Com- 4 munities and Rights Act of 2019’’. 5 SEC. 2. DEFINITIONS. 6 In this Act— 7 (1) the term ‘‘family member’’ means, with re- 8 spect to an individual, a spouse, child, parent, sib- 9 ling, grandchild, or grandparent of the individual, a 10 VerDate Sep 11 2014 22:41 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H744.IH H744 kjohnson on DSK79L0C42 with BILLS 2 •HR 744 IH person with whom the individual shares a child in 1 common, the legal guardian of the individual, or a 2 person who cohabits or has cohabited with the indi- 3 vidual within the previous 12 months; 4 (2) the term ‘‘firearm’’ has the meaning given 5 the term in section 921 of title 18, United States 6 Code; 7 (3) the term ‘‘extreme risk protection order’’ 8 means a written order, issued by a State court or 9 signed by a magistrate prohibiting the respondent 10 from purchasing, possessing, or receiving a firearm; 11 and 12 (4) the term ‘‘law enforcement officer’’ means 13 a public servant authorized by State law or by a 14 State government agency to engage in or supervise 15 the prevention, detection, investigation, or prosecu- 16 tion of a criminal offense. 17 SEC. 3. NATIONAL EXTREME RISK PROTECTION ORDER 18 LAW. 19 (a) ENACTMENT OF EXTREME RISK PROTECTION 20 ORDER LAW.—In order to receive a grant under section 21 4, a State shall have in effect a law that authorizes the 22 issuance of an extreme risk protection order in accordance 23 with subsection (b). 24 VerDate Sep 11 2014 22:41 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H744.IH H744 kjohnson on DSK79L0C42 with BILLS 3 •HR 744 IH (b) REQUIREMENTS FOR EXTREME RISK PROTEC- 1 TION ORDERS.—Legislation required under subsection (a) 2 shall be subject to the following requirements: 3 (1) GENERALIZED CONCERNS INSUFFICIENT.— 4 A generalized concern related to any hazards posed 5 by firearm ownership or use generally shall not con- 6 stitute sufficient basis for the issuance or renewal of 7 an extreme risk protection order under this section. 8 (2) APPLICATION FOR PRELIMINARY EX PARTE 9 EXTREME RISK PROTECTION ORDER.—A family 10 member or a law enforcement officer, whether acting 11 on the officer’s own initiative or in response to a 12 complaint the officer has substantiated through 13 independent investigation, may submit an applica- 14 tion to a State court for the issuance of a prelimi- 15 nary ex parte extreme risk protection order, on a 16 form designed by the court, that— 17 (A) describes the facts and circumstances 18 necessitating that a preliminary ex parte ex- 19 treme risk protection order be issued against 20 the respondent; 21 (B) is signed by the applicant, under oath; 22 and 23 (C) includes any additional information re- 24 quired by the State court or magistrate to dem- 25 VerDate Sep 11 2014 22:41 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H744.IH H744 kjohnson on DSK79L0C42 with BILLS 4 •HR 744 IH onstrate that the respondent poses an immi- 1 nent, particularized, and substantial risk of un- 2 lawfully using a firearm to cause death or seri- 3 ous physical injury to himself or herself or to 4 another person. 5 (3) STANDARD FOR ISSUANCE OF A PRELIMI- 6 NARY EX PARTE ORDER.— 7 (A) IN GENERAL.—A State court or mag- 8 istrate may issue a preliminary ex parte ex- 9 treme risk protection order upon finding by a 10 preponderance of evidence that the respondent 11 poses an imminent, particularized, and substan- 12 tial risk of unlawfully using a firearm to cause 13 death or serious physical injury to himself or 14 herself or to another person. No such order 15 shall remain in effect for more than 21 days 16 unless the respondent is detained for or submits 17 to an evaluation for commitment to a mental 18 institution or for assisted outpatient treatment, 19 in which case the preliminary order may be ex- 20 tended for the duration of any such commit- 21 ment or treatment. Before issuing an order 22 under this paragraph, the court or magistrate 23 shall consider whether the respondent meets the 24 applicable standard for involuntary observation, 25 VerDate Sep 11 2014 22:41 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H744.IH H744 kjohnson on DSK79L0C42 with BILLS 5 •HR 744 IH temporary commitment, or any other procedure 1 that begins the State’s process for involuntary 2 commitment or assisted outpatient treatment. If 3 the court or magistrate determines that the re- 4 spondent meets such standard, then, in addition 5 to issuing a preliminary ex parte extreme risk 6 protection order, the court or magistrate shall 7 order the respondent to undergo a mental eval- 8 uation to determine the most appropriate treat- 9 ment, including involuntary commitment or as- 10 sisted outpatient treatment, and may issue an 11 order requiring the respondent to undergo such 12 treatment. 13 (B) APPLICATION TO BE MADE UNDER 14 OATH.—A State court or magistrate shall, be- 15 fore issuing a preliminary ex parte extreme risk 16 protection order— 17 (i) examine under oath the individual 18 who applied for the order under paragraph 19 (2) and any witnesses the individual pro- 20 duces; or 21 (ii) require that the individual or any 22 witness submit a signed affidavit, subject 23 to the penalties of perjury, which describes 24 VerDate Sep 11 2014 22:41 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H744.IH H744 kjohnson on DSK79L0C42 with BILLS 6 •HR 744 IH the facts the applicant or witness believes 1 establish the grounds of the application. 2 (4) LIMITATION ON FIREARM PROHIBITIONS 3 BASED ON EX PARTE PROCEEDINGS.—Any restric- 4 tion imposed pursuant to a preliminary ex parte 5 order, which is based on ex parte proceedings shall 6 be limited to receiving firearms or transporting or 7 carrying firearms in public. 8 (5) REPORTING OF PRELIMINARY EX PARTE 9 EXTREME RISK PROTECTION ORDER.—The court 10 shall notify the Department of Justice and com- 11 parable State agency of the issuance of the prelimi- 12 nary ex parte extreme risk protection order not later 13 than 48 hours after issuing the order. Such notice 14 shall be submitted in an electronic format, in a man- 15 ner prescribed by the Department of Justice and the 16 comparable State agency. 17 (6) HEARING ON A PERMANENT EXTREME RISK 18 PROTECTION ORDER.— 19 (A) IN GENERAL.—Not later than 14 days 20 after the date on which a court issues a prelimi- 21 nary ex parte extreme risk protection order, the 22 issuing court, or another court in the same ju- 23 risdiction, shall hold a hearing to determine 24 whether to issue a permanent extreme risk pro- 25 VerDate Sep 11 2014 22:41 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H744.IH H744 kjohnson on DSK79L0C42 with BILLS 7 •HR 744 IH tection order and, if applicable, whether to con- 1 tinue procedures for involuntary commitment or 2 assisted outpatient treatment. The respondent 3 shall have the opportunity to appear with coun- 4 sel, present opposing witnesses, and cross-exam- 5 ine the petitioner or any witnesses offered by 6 the petitioner. 7 (B) NOTICE.—A court may not issue a 8 permanent extreme risk protection order unless 9 the respondent receives actual notice of the 10 hearing under subparagraph (A). 11 (C) BURDEN OF PROOF.—At any hearing 12 conducted under subparagraph (A), the State 13 or petitioner shall have the burden of estab- 14 lishing by clear and convincing evidence that 15 the respondent poses an imminent, particular- 16 ized, and substantial risk of unlawfully using a 17 firearm to cause death or serious physical in- 18 jury to himself or herself or to another person. 19 (D) REQUIREMENTS UPON ISSUANCE OF A 20 PERMANENT ORDER.—If the court finds by 21 clear and convincing evidence that the respond- 22 ent poses an imminent, particularized, and sub- 23 stantial risk of unlawfully using a firearm to 24 cause death or serious physical injury to himself 25 VerDate Sep 11 2014 22:41 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H744.IH H744 kjohnson on DSK79L0C42 with BILLS 8 •HR 744 IH or herself or to another person, the following 1 shall apply: 2 (i) The respondent shall be prohibited 3 from possessing or receiving, or attempting 4 to possess or receive, a firearm for a period 5 not to exceed 1 year. 6 (ii) If the court determines that there 7 is probable cause to believe that the re- 8 spondent possesses a firearm when the 9 order is issued, the court shall issue a war- 10 rant ordering the seizure of such firearm 11 and shall further order the firearm to be 12 retained pursuant to paragraph (7) for the 13 duration of the permanent extreme risk 14 protection order. 15 (7) SEIZURE AND TEMPORARY RETENTION OF 16 FIREARMS.— 17 (A) IN GENERAL.—In the case that a law 18 enforcement officer takes possession of a fire- 19 arm pursuant to a warrant issued pursuant to 20 paragraph (6)(D)(ii), the law enforcement offi- 21 cer shall provide to the individual from whom 22 the firearm was taken a receipt, which includes 23 the make, model, caliber, finish, and serial 24 number of any such firearm. In the case that 25 VerDate Sep 11 2014 22:41 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H744.IH H744 kjohnson on DSK79L0C42 with BILLS 9 •HR 744 IH an individual is not present at the time of the 1 seizure, the law enforcement officer shall post 2 the receipt at the location from which the fire- 3 arm was seized. 4 (B) CUSTODY OF SEIZED FIREARMS.—A 5 firearm seized pursuant to paragraph (6)(D)(ii) 6 shall, for the duration of the permanent ex- 7 treme risk protection order, be retained by the 8 law enforcement agency that seized the firearm, 9 or by a third party not prohibited from pos- 10 sessing or receiving a firearm, as specified by 11 the court that issued the permanent extreme 12 risk protection order. 13 (C) LIMITATION ON SEIZURE OF FIRE- 14 ARMS.—In the case that the location to be 15 searched during the execution of a warrant to 16 enforce a permanent extreme risk protection 17 order is occupied by multiple parties, and a law 18 enforcement officer executing the search deter- 19 mines that a firearm that is located during the 20 search is owned by an individual other than the 21 respondent named in the warrant, the firearm 22 may not be seized if— 23 (i) the firearm will be stored in a 24 manner that ensures that the respondent 25 VerDate Sep 11 2014 22:41 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H744.IH H744 kjohnson on DSK79L0C42 with BILLS 10 •HR 744 IH named in the warrant does not have access 1 to or control of the firearm; and 2 (ii) there is no probable cause to be- 3 lieve that the owner of the firearm does 4 not lawfully possess the firearm. 5 (D) GUN SAFE.—In the case that the loca- 6 tion to be searched during the execution of a 7 warrant issued pursuant to paragraph 8 (6)(D)(ii) is occupied by multiple parties, and a 9 law enforcement officer executing the search lo- 10 cates a gun safe, which the officer determines 11 is owned by an individual other than the indi- 12 vidual named in the warrant, the contents of 13 the gun safe shall not be searched except in the 14 owner’s presence and with the owner’s consent. 15 (E) RETURN OF FIREARM TO RIGHTFUL 16 OWNER.—In the case that any individual who is 17 not subject to an extreme risk protection order 18 can demonstrate title to a firearm seized pursu- 19 ant to a warrant issued pursuant to paragraph 20 (6)(D)(ii), the firearm shall be returned to the 21 lawful owner as soon as possible and without an 22 additional order of a court. 23 (8) PETITION FOR RESCISSION OF A PERMA- 24 NENT EXTREME RISK PROTECTION ORDER.—An in- 25 VerDate Sep 11 2014 22:41 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H744.IH H744 kjohnson on DSK79L0C42 with BILLS 11 •HR 744 IH dividual subject to a permanent extreme risk protec- 1 tion order may at any time during the effective pe- 2 riod of the order file one petition with the issuing 3 court to rescind the permanent extreme risk protec- 4 tion order. The court shall hold a hearing on the pe- 5 tition within 14 days and grant the petition if the 6 individual proves by a preponderance of evidence 7 that his or her possession of a firearm does not pose 8 an imminent, particularized, and substantial risk of 9 death or serious bodily injury to the individual or 10 another person. 11 (9) RETURN OF FIREARMS TO INDIVIDUAL SUB- 12 JECT TO AN EXTREME RISK PROTECTION ORDER.— 13 Any firearms seized pursuant to a warrant issued 14 pursuant to paragraph (6)(D)(ii) shall be returned 15 to the respondent within 5 business days of the expi- 16 ration or rescission of the order. Notwithstanding 17 any other provision of law, the court may require 18 that the respondent submit to an inquiry through 19 the national instant criminal background check sys- 20 tem as a condition of receiving the firearm. 21 (10) RENEWING AN EXTREME RISK PROTEC- 22 TION ORDER.—A family member or law enforcement 23 officer may petition the court that issued a perma- 24 nent extreme risk protection order to renew the 25 VerDate Sep 11 2014 22:41 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H744.IH H744 kjohnson on DSK79L0C42 with BILLS 12 •HR 744 IH order for a period not to exceed 1 year. The require- 1 ments and proceedings for renewal of an extreme 2 risk protection order shall be the same as for the 3 issuance of a permanent extreme risk protection 4 order under paragraph (6). A permanent extreme 5 risk protection order may not be renewed more than 6 2 times. 7 (11) NOTIFICATION.— 8 (A) IN GENERAL.—Except as provided in 9 paragraph (5), the court shall notify the De- 10 partment of Justice and comparable State 11 agency of the issuance or renewal of an extreme 12 risk protection order not later than 5 court 13 days after issuing or renewing the order. The 14 court shall also notify the Department of Jus- 15 tice and comparable State agency of the r [Text truncated for display. Full text available on Congress.gov.]