House File 2115 - Introduced HOUSE FILE 2115 BY STAED , BAETH , AMOS JR. , KURTH , STECKMAN , CAHILL , SCHEETZ , LEVIN , GAINES , ABDUL-SAMAD , KRESSIG , and BROWN-POWERS A BILL FOR An Act relating to the creation of an extreme risk protective 1 order against a person in possession of a firearm who 2 presents a significant danger to the person’s self or 3 others, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5151HH (7) 90 cm/js

H.F. 2115 Section 1. Section 664A.1, subsection 2, Code 2024, is 1 amended to read as follows: 2 2. a. “Protective order” means a protective order issued 3 pursuant to chapter 232 , a court order or court-approved 4 consent agreement entered pursuant to this chapter or chapter 5 235F , a court order or court-approved consent agreement entered 6 pursuant to chapter 236 or 236A , including a valid foreign 7 protective order under section 236.19, subsection 3 , or section 8 236A.19, subsection 3 , a temporary or permanent protective 9 order or order to vacate the homestead under chapter 598 , or an 10 order that establishes conditions of release or is a protective 11 order or sentencing order in a criminal prosecution arising 12 from a domestic abuse assault under section 708.2A or older 13 individual assault under section 708.2D , or a civil injunction 14 issued pursuant to section 915.22 . 15 b. “Protective order” does not include an extreme risk 16 protective order issued pursuant to chapter 664B. 17 Sec. 2. NEW SECTION . 664B.1 Definitions. 18 As used in this chapter unless the context otherwise 19 requires: 20 1. “Affidavit” means a written declaration or statement of 21 fact made under oath, or legally sufficient affirmation, before 22 any person authorized to administer oaths within or without the 23 state. 24 2. “Family member” means a spouse, person cohabiting, a 25 parent, or other person related by consanguinity or affinity. 26 3. “Firearm” includes ammunition and any offensive weapon as 27 that term is defined in section 724.1. 28 4. “Intimate relationship” means the same as defined in 29 section 235E.1. 30 5. “Plaintiff” means a family member, a person with whom the 31 respondent is having an intimate relationship with, or a peace 32 officer who files a petition under this chapter. 33 6. “Possession” includes ownership, custody, or control. 34 7. “Respondent” means a person against whom a protective 35 -1- LSB 5151HH (7) 90 cm/js 1/ 21

H.F. 2115 order is filed under this chapter. 1 Sec. 3. NEW SECTION . 664B.2 Extreme risk protective order 2 —— petition. 3 1. A plaintiff may file a petition in the district court 4 requesting an extreme risk protective order. Venue shall lie 5 in the county where either party resides. The petition shall 6 contain all of the following: 7 a. The name of the plaintiff and the name and address of the 8 plaintiff’s attorney, if any. If the plaintiff is proceeding 9 pro se, the petition shall state a mailing address for the 10 plaintiff. A mailing address may be provided by the plaintiff 11 pursuant to section 664B.6. 12 b. A statement of facts alleging the respondent presents 13 a significant danger to the respondent’s self or others by 14 possessing, shipping, transporting, or receiving firearms 15 accompanied by an affidavit stating the specific statements, 16 actions, or facts that give rise to the reasons the respondent 17 presents a significant danger to the respondent’s self or 18 others by possessing, shipping, transporting, or receiving 19 firearms. 20 c. The location, type, and number of firearms the plaintiff 21 believes are possessed by the respondent. 22 d. Whether the respondent is subject to a current protective 23 order or a no-contact order. 24 e. Whether any legal proceeding is pending between the 25 plaintiff and respondent, and if so, the nature of the legal 26 proceeding. 27 f. Desired relief, including a request for temporary or 28 emergency orders. 29 2. The filing fee and court costs for an extreme risk 30 protective order shall be waived for the plaintiff. 31 3. The clerk of the district court, the sheriff of any 32 county in this state, or any peace officer or corrections 33 officer shall perform their duties relating to service of 34 process without charge to the plaintiff. When an order for 35 -2- LSB 5151HH (7) 90 cm/js 2/ 21

H.F. 2115 an extreme risk protective order is entered by the court, the 1 court may direct the respondent to pay to the clerk of court 2 the fees for the filing of the petition and reasonable costs 3 of service of process if the court determines the respondent 4 has the ability to pay the plaintiff’s fees and costs. In lieu 5 of personal service of an extreme risk protective order issued 6 pursuant to this section, the sheriff of any county in this 7 state, and other law enforcement and corrections officers, may 8 serve a respondent with a short-form notification pursuant to 9 section 664B.3. 10 Sec. 4. NEW SECTION . 664B.3 Short-form notification. 11 1. In lieu of personal service of an extreme risk protective 12 order or an emergency extreme risk protective order on a 13 respondent whose firearms are to be surrendered by such an 14 order, a sheriff of any county in this state or any peace 15 officer or corrections officer in this state may serve the 16 respondent with a short-form notification pursuant to this 17 section to effectuate service of an unserved order. 18 2. Service of a short-form notification under this section 19 shall be allowed during traffic stops and other contacts with 20 the respondent by a sheriff, peace officer, or corrections 21 officer in this state in the course of performing official 22 duties. The respondent may be detained for a reasonable period 23 of time to complete the short-form notification process. 24 3. When the short-form notification process is complete, 25 the sheriff, peace officer, or corrections officer serving the 26 notification shall file a copy of the notification with the 27 clerk of the district court. The filing shall indicate the 28 date and time the notification was served on the respondent. 29 4. The short-form notification shall be on a form 30 prescribed by the state court administrator. The state court 31 administrator shall prescribe rules relating to the content 32 and distribution of the form to appropriate law enforcement 33 agencies in this state. The form shall include but not be 34 limited to all of the following statements: 35 -3- LSB 5151HH (7) 90 cm/js 3/ 21

H.F. 2115 a. The respondent shall immediately surrender all firearms 1 in the respondent’s possession and any permit to carry weapons 2 or permit to acquire in the respondent’s possession. 3 b. The respondent is responsible for obtaining a full copy 4 of the extreme risk protective order or emergency extreme risk 5 protective order from the county sheriff of the county in which 6 the order was entered or from the clerk of the district court. 7 c. The terms and conditions of the extreme risk protective 8 order or emergency extreme risk protective order are 9 enforceable, and the respondent is subject to arrest for 10 violating the protective order. 11 Sec. 5. NEW SECTION . 664B.4 Plaintiffs proceeding pro se —— 12 provision of forms and assistance. 13 1. The department of justice shall prescribe standard forms 14 to be used by a plaintiff proceeding pro se when filing a 15 petition under this chapter. The standard forms shall include 16 language in fourteen point boldface type. Standard forms 17 prescribed by the department shall be the exclusive forms used 18 by a plaintiff proceeding pro se, and may be used by other 19 plaintiffs. The department shall distribute the forms to the 20 clerks of the district courts. 21 2. The clerk of the district court shall furnish the 22 required forms to plaintiffs seeking an extreme risk protective 23 order through pro se proceedings pursuant to this chapter. 24 Sec. 6. NEW SECTION . 664B.5 Assistance by county attorney. 25 A county attorney’s office may provide assistance to a 26 plaintiff wishing to initiate proceedings pursuant to this 27 chapter or to a plaintiff at any stage of a proceeding under 28 this chapter, if the plaintiff does not have sufficient funds 29 to pay for legal assistance and if the assistance does not 30 create a conflict of interest for the county attorney’s office. 31 The assistance provided may include but is not limited to 32 assistance in obtaining or completing forms, filing a petition 33 or other necessary pleading, presenting evidence to the court, 34 and enforcing the orders of the court entered pursuant to this 35 -4- LSB 5151HH (7) 90 cm/js 4/ 21

H.F. 2115 chapter. Providing assistance pursuant to this section shall 1 not be considered the private practice of law for the purposes 2 of section 331.752. 3 Sec. 7. NEW SECTION . 664B.6 Plaintiff’s address —— 4 confidentiality of records. 5 1. A plaintiff may use any of the following addresses as a 6 mailing address for purposes of filing a petition under this 7 chapter: 8 a. The mailing address of a shelter or other agency. 9 b. A public or private post office box. 10 c. Any other mailing address, with the permission of the 11 resident of that address. 12 2. A plaintiff shall report any change of address, whether 13 designated according to subsection 1 or otherwise, to the clerk 14 of the district court no more than five days after the previous 15 address on record becomes invalid. 16 3. The entire file or a portion of the file under this 17 chapter shall be sealed by the clerk of the district court as 18 ordered by the court to protect the privacy interest or safety 19 of any person. 20 4. Notwithstanding subsection 3, court orders shall remain 21 public records, although the court may order that address and 22 location information be redacted from the public records. 23 Sec. 8. NEW SECTION . 664B.7 Hearing. 24 1. Not less than five and not more than fifteen days after 25 commencing a proceeding and upon notice to the other party, 26 a hearing shall be held at which the plaintiff must prove by 27 a preponderance of the evidence that the respondent presents 28 a significant danger to the respondent’s self or others by 29 possessing, shipping, transporting, or receiving firearms. 30 2. Upon hearing, if the court finds by a preponderance of 31 the evidence that the respondent poses a significant danger 32 to the respondent’s self or others by possessing, shipping, 33 transporting, or receiving firearms, the court shall issue an 34 extreme risk protective order for a period of one year. 35 -5- LSB 5151HH (7) 90 cm/js 5/ 21

H.F. 2115 3. In determining whether grounds for an extreme risk 1 protective order exist, the court may consider any relevant 2 evidence including but not limited to the following: 3 a. A recent act or threat of violence by the respondent 4 against the respondent’s self or others, and whether such 5 violence or threat involves a firearm. 6 b. A pattern of acts or threats of violence against the 7 respondent’s self or others within the preceding twelve months 8 of the filing of the petition. 9 c. Any serious mental impairment of the respondent. 10 d. Any violation of a no-contact order issued for violations 11 or alleged violations of sections 708.2A, 708.2D, 708.7, 12 708.11, 709.2, 709.3, and 709.4, and any other public offense 13 for which there is a victim. 14 e. Any violation of a protective order issued in a civil 15 proceeding under chapter 232, 235F, 236, 236A, 598, or 915. 16 f. The issuance of a previous extreme risk protective order 17 against the respondent under this chapter. 18 g. A violation of a previous extreme risk protective order 19 issued against the respondent under this chapter. 20 h. A conviction of the respondent for a crime that 21 constitutes domestic abuse assault in violation of section 22 708.2A. 23 i. The possession of or access to a firearm, or the intent 24 to possess a firearm by the respondent. 25 j. The unlawful or reckless use, display, or brandishing of 26 a firearm by the respondent. 27 k. Any history of use, attempted use, or threatened use of 28 physical force by the respondent against another person, or the 29 respondent’s history of stalking or harassing another person. 30 l. Any prior arrest of the respondent for a felony offense 31 or violent crime. 32 m. Evidence of abuse of a controlled substance or alcohol 33 by the respondent. 34 n. Evidence of recent acquisition of a firearm by the 35 -6- LSB 5151HH (7) 90 cm/js 6/ 21

H.F. 2115 respondent. 1 4. The court may: 2 a. Examine under oath the plaintiff, the respondent, and 3 any witnesses that the plaintiff or respondent produces, or 4 in lieu of examination, consider affidavits of the plaintiff, 5 the respondent, or any witnesses the plaintiff or respondent 6 produces. 7 b. Ensure that a reasonable search has been conducted for 8 criminal history records relating to the respondent. 9 5. During the hearing, the court may order a substance abuse 10 evaluation. 11 6. An extreme risk protective order shall include all of the 12 following: 13 a. A statement of the grounds supporting the issuance of the 14 order. 15 b. The date and time the order was issued. 16 c. The date and time the order expires. 17 d. Whether a substance abuse evaluation is required. 18 e. Whether a responsive pleading may be filed. 19 f. A description of the firearms to be surrendered. 20 g. The following statement in substantially the same form: 21 To the subject of this protective order: This order remains 22 effective until the date and time noted above. If you have 23 not done so already, you must surrender to the (insert the 24 name of a local law enforcement agency with jurisdiction) 25 all firearms in your possession, custody, or control and 26 surrender any permit to carry weapons or permit to acquire in 27 your possession to such agency. You shall not have in your 28 possession a firearm or ship, transport, or receive, or attempt 29 to ship, transport, or receive, such a firearm while this order 30 is in effect. You have the right to request one hearing to 31 terminate this order during each twelve-month period that this 32 order is in effect, starting from the date of this order and 33 continuing through any extension of the order. If the order 34 requires a substance abuse evaluation, you must first obtain 35 -7- LSB 5151HH (7) 90 cm/js 7/ 21

H.F. 2115 such evaluation and disclose the results of the evaluation to 1 the court prior to requesting a hearing. 2 7. If a hearing is continued, the court may make or extend 3 any order issued under subsection 2 that it deems necessary. 4 8. Upon the application of a party, the court shall issue 5 subpoenas requiring attendance and testimony of witnesses and 6 production of papers. 7 9. The court shall advise the respondent of a right to be 8 represented by counsel of the respondent’s choosing and to have 9 a continuance to secure counsel. 10 10. If applicable, the court shall determine whether the 11 respondent has had sufficient opportunity to surrender the 12 respondent’s firearms after service of an emergency extreme 13 risk protective order issued under section 664B.8. 14 11. Hearings shall be recorded. 15 Sec. 9. NEW SECTION . 664B.8 Emergency extreme risk 16 protective order. 17 1. A plaintiff may request that an emergency extreme risk 18 protective order be issued before a hearing for an extreme 19 risk protective order under section 664B.7, without notice 20 to the respondent, by including in the petition detailed 21 allegations based on personal knowledge that the respondent 22 poses a significant danger to the respondent’s self or others, 23 in the near future, by possessing, shipping, transporting, or 24 receiving firearms. 25 2. In considering whether to issue an emergency extreme risk 26 protective order under this section, the court shall consider 27 all relevant evidence described in section 664B.7, subsection 28 3. 29 3. If the court finds there is good cause to believe that 30 the respondent poses a significant danger to the respondent’s 31 self or others, in the near future, by possessing, shipping, 32 transporting, or receiving firearms, the court shall issue an 33 emergency extreme risk protective order. 34 4. The court shall hold an emergency extreme risk protective 35 -8- LSB 5151HH (7) 90 cm/js 8/ 21

H.F. 2115 order hearing in person or by telephone on the day the petition 1 is filed. 2 5. When the court is unavailable from the close of business 3 at the end of the day or week to the resumption of business 4 at the beginning of the day or week, a petition may be filed 5 before a district judge, or district associate judge designated 6 by the chief judge of the judicial district, who may grant 7 emergency relief under this section, if the district judge 8 or district associate judge finds there is good cause to 9 believe that the respondent poses a significant danger to the 10 respondent’s self or others, in the near future, by possessing, 11 shipping, transporting, or receiving firearms. 12 6. An emergency extreme risk protective order shall include 13 all of the following: 14 a. A statement of the grounds supporting the issuance of the 15 order. 16 b. The date and time the order was issued. 17 c. The date and time the order expires. 18 d. Whether a responsive pleading may be filed. 19 e. A description of the firearms to be surrendered. 20 f. The date and time of the scheduled hearing. 21 g. The following statement in substantially the same form: 22 To the subject of this protective order: This order remains 23 effective until the date and time noted above. If you have not 24 done so already, you must immediately surrender to the (insert 25 the name of a local law enforcement agency with jurisdiction) 26 all firearms in your possession, custody, or control, and 27 surrender any permit to carry weapons or permit to acquire in 28 your possession to such agency. You shall not have in your 29 possession a firearm or ship, transport, or receive, or attempt 30 to ship, transport, or receive, such a firearm while this order 31 is in effect. A hearing will be held on the date and time noted 32 above to determine if an extreme risk protective order shall 33 be issued. Failure to appear at that hearing may result in a 34 court entering an extreme risk protective order against you 35 -9- LSB 5151HH (7) 90 cm/js 9/ 21

H.F. 2115 that is valid for a period of one year. You may seek the advice 1 of an attorney as to any matter connected with this order. 2 7. An emergency extreme risk protective order issued under 3 this section shall expire upon the issuance of an extreme 4 risk protective order under section 664B.7 or if the court 5 determines at a hearing on the petition for an extreme risk 6 protective order under section 664B.7 that the plaintiff 7 has not proven by a preponderance of the evidence that the 8 respondent presents a significant danger to the respondent’s 9 self or others by possessing, shipping, transporting, or 10 receiving firearms. 11 8. An emergency extreme risk protective order shall be 12 served by the sheriff of any county in this state, a peace 13 officer, or a corrections officer, in the same manner provided 14 in section 664B.2 for the service of the notice and petition, 15 and shall be served concurrently with such notice of hearing 16 and petition, if possible. Alternatively, an emergency 17 extreme risk protective order may be served using short-form 18 notification pursuant to section 664B.3, and shall be served 19 concurrently with the notice of hearing and petition, if 20 possible. 21 Sec. 10. NEW SECTION . 664B.9 Notice of extreme risk 22 protective order or emergency extreme risk protective order. 23 1. The clerk of the district court or other person 24 designated by the court shall provide a copy of the extreme 25 risk protective order or the emergency extreme risk protective 26 order to the plaintiff. 27 2. The clerk of the district court shall provide a notice 28 and copy of the protective order to the appropriate law 29 enforcement agencies and the twenty-four-hour dispatcher for 30 the law enforcement agencies in the same manner as provided in 31 section 235F.6, 236.5, or 236A.7, as applicable. The clerk 32 of the district court shall provide a notice and copy of a 33 termination or extension of the protective order in the same 34 manner. 35 -10- LSB 5151HH (7) 90 cm/js 10/ 21

H.F. 2115 Sec. 11. NEW SECTION . 664B.10 Termination or extension of 1 order. 2 1. The respondent may request a hearing to terminate 3 an extreme risk protective order issued under this chapter 4 during the twelve-month period that the order is in effect, 5 starting from the date of the order and continuing through any 6 extensions. 7 a. Upon receipt of a request for a hearing to terminate 8 an extreme risk protective order, the court shall set a date 9 for a hearing. Notice of the request shall be served on the 10 plaintiff. The hearing shall occur no sooner than fourteen 11 days and no later than thirty days from the date of service of 12 the request upon the plaintiff. 13 b. The respondent shall have the burden of proving by a 14 preponderance of the evidence that the respondent does not pose 15 a significant danger to the respondent’s self or others by 16 possessing, shipping, transporting, or receiving firearms. 17 c. If the court finds after the hearing that the respondent 18 has met the burden of proof, the court shall terminate the 19 extreme risk protective order. 20 2. A family member may, by motion, request an extension 21 of an extreme risk protective order within ninety days of the 22 expiration of the order. 23 a. Upon receipt of a motion to extend an extreme risk 24 protective order, the court shall order the hearing be held no 25 earlier than fourteen days from the date of the motion. 26 b. In considering whether to extend the extreme risk 27 protective order under this section, the court shall consider 28 all relevant evidence described in section 664B.7, subsection 29 3. 30 c. If the court finds by a preponderance of the evidence 31 that the requirements for issuance of an extreme risk 32 protective order continue to be met, the court shall extend 33 the order. However, if, after notice, the motion to extend is 34 uncontested and the plaintiff does not seek a modification of 35 -11- LSB 5151HH (7) 90 cm/js 11/ 21

H.F. 2115 the existing order, the order may be extended on the basis of 1 the plaintiff’s motion or affidavit stating that there has been 2 no material change in relevant circumstances since entry of the 3 protective order. 4 Sec. 12. NEW SECTION . 664B.11 Firearms and firearm permits 5 —— surrender. 6 1. Upon the issuance of an extreme risk protective order 7 or an emergency extreme risk protective order, the court 8 shall order the respondent to immediately surrender to the 9 law enforcement agency named in the protective order all 10 firearms possessed by the respondent and any permit to carry 11 weapons or permit to acquire possessed by the respondent within 12 forty-eight hours of service of the order or within forty-eight 13 hours of a hearing held pursuant to section 664B.7 at which the 14 respondent was present and an order was subsequently issued. 15 2. At the time of surrendering any firearms, a law 16 enforcement officer taking possession of any firearms 17 shall issue a receipt identifying all firearms that have 18 been surrendered and provide a copy of the receipt to the 19 respondent. Within seventy-two hours after service of the 20 order the law enforcement officer serving the order shall file 21 the original receipt with the court and shall ensure that the 22 law enforcement agency retains a copy of the receipt. 23 3. Upon a sworn statement or testimony of the plaintiff or 24 of any law enforcement officer alleging that the respondent has 25 failed to comply with the surrender of firearms and permits 26 as required by any order issued under this section, the court 27 shall determine whether probable cause exists to believe that 28 the respondent has failed to surrender all firearms or permits 29 in the possession of the respondent. If probable cause exists, 30 the court shall issue a search warrant describing the firearms 31 and authorizing a search of the locations where the firearms 32 are reasonably believed to be and the seizure of any firearms 33 discovered in the search. 34 4. If a person other than the respondent claims to own 35 -12- LSB 5151HH (7) 90 cm/js 12/ 21

H.F. 2115 any of the firearms seized or surrendered pursuant to this 1 chapter, and the law enforcement agency where the firearms are 2 stored determines that person to be the lawful owner of the 3 firearms, the firearms shall be returned to the lawful owner if 4 the lawful owner agrees to store the firearms in such a manner 5 that prevents the respondent from having access to the firearms 6 during the time an extreme risk protective order or emergency 7 extreme risk protective order is in effect. 8 Sec. 13. NEW SECTION . 664B.12 Firearm surrender —— hearing. 9 Upon the issuance of an extreme risk protective order, the 10 court shall order a new hearing within three business days 11 of the issuance of the order that requires the respondent 12 to provide evidence to the court that the respondent has 13 surrendered any firearms in the possession of the respondent. 14 The court may dismiss the hearing upon a satisfactory showing 15 that the respondent has complied with the order. 16 Sec. 14. NEW SECTION . 664B.13 Firearms —— storage. 17 All law enforcement agencies shall develop policies and 18 procedures by June 1, 2025, regarding the acceptance, storage, 19 and return of firearms surrendered to a law enforcement agency 20 under this chapter. 21 Sec. 15. NEW SECTION . 664B.14 Return of firearms and 22 unclaimed firearms. 23 1. If an extreme risk protective order is terminated or 24 expires without an extension, the law enforcement agency in 25 possession of any firearms surrendered by a respondent shall 26 return any such firearms upon request of the respondent, 27 provided the respondent is eligible to possess a firearm. 28 2. Notwithstanding section 809.21, for firearms that remain 29 unclaimed by the lawful owner, the firearms shall be destroyed 30 pursuant to 661 IAC 95.8. 31 Sec. 16. NEW SECTION . 664B.15 Penalties. 32 1. A person who files a petition under this chapter knowing 33 the information in the petition to be materially false commits 34 a serious misdemeanor. 35 -13- LSB 5151HH (7) 90 cm/js 13/ 21

H.F. 2115 2. A respondent who possesses a firearm or who ships, 1 transports, or receives, or attempts to ship, transport, or 2 receive, a firearm while an extreme risk protective order or 3 emergency extreme risk protective order is in effect commits an 4 aggravated misdemeanor. 5 3. A person who claims ownership of a firearm pursuant to 6 section 664B.11, subsection 4, who agrees to store the firearm 7 in such a manner that prevents a respondent from having access 8 to the firearm commits a serious misdemeanor if the respondent 9 is later found to have access to the firearm that is subject 10 to the agreement while an extreme risk protective order is in 11 effect. 12 4. A respondent who violates subsection 2 shall be 13 prohibited from possessing, shipping, transporting, or 14 receiving a firearm for a period of five years from the date of 15 the conviction. 16 Sec. 17. Section 724.8, Code 2024, is amended by adding the 17 following new subsections: 18 NEW SUBSECTION . 7. Is subject to an extreme risk protective 19 order or an emergency extreme risk protective order issued 20 under chapter 664B. 21 NEW SUBSECTION . 8. Has been convicted of a violation of 22 section 664B.15, subsection 2, within the previous five years. 23 Sec. 18. Section 724.15, subsection 2, Code 2024, is amended 24 by adding the following new paragraphs: 25 NEW PARAGRAPH . f. Is subject to an extreme risk protective 26 order or an emergency extreme risk protective order issued 27 under chapter 664B. 28 NEW PARAGRAPH . g. Has been convicted of a violation of 29 section 664B.15, subsection 2, within the previous five years. 30 Sec. 19. Section 724.26, subsection 2, paragraph a, Code 31 2024, is amended to read as follows: 32 a. Except as provided in paragraph “b” , a person who is 33 subject to a protective order under 18 U.S.C. §922(g)(8) or who 34 has been convicted of a misdemeanor crime of domestic violence 35 -14- LSB 5151HH (7) 90 cm/js 14/ 21

H.F. 2115 under 18 U.S.C. §922(g)(9) and who knowingly possesses, 1 ships, transports, or receives a firearm, offensive weapon, or 2 ammunition and who is any of the following is guilty of a class 3 “D” felony . : 4 (1) Is subject to a protective order under 18 U.S.C. 5 §922(g)(8). 6 (2) Has been convicted of a misdemeanor crime of domestic 7 violence under 18 U.S.C. §922(g)(9). 8 (3) Is subject to an extreme risk protective order under 9 chapter 664B. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to the creation of an extreme risk 14 protective order against a person who presents a significant 15 danger to the person’s self or others by possessing, shipping, 16 transporting, or receiving firearms. 17 DEFINITIONS. The bill defines “family member” to mean a 18 spouse, person cohabiting, a parent, or other person related 19 by consanguinity or affinity. The bill defines “firearm” to 20 include ammunition and any offensive weapon as that term is 21 defined in Code section 724.1. The bill defines “possession” 22 to include ownership, custody, or control. The bill defines 23 “plaintiff” to mean a family member, a person with whom the 24 respondent is having an intimate relationship with, or a peace 25 officer. The bill defines “intimate relationship” to mean the 26 same as defined in Code section 235E.1. 27 PETITION FOR EXTREME RISK PROTECTIVE ORDER. Under the bill, 28 a plaintiff may file a petition in district court requesting 29 an extreme risk protective order stating that the subject of 30 the extreme risk protective petition (respondent) presents 31 a significant danger to the respondent’s self or others by 32 possessing, shipping, transporting, or receiving firearms. 33 The bill requires the petition to contain an affidavit 34 stating the specific facts that give rise to the reasons the 35 -15- LSB 5151HH (7) 90 cm/js 15/ 21

H.F. 2115 respondent presents a significant danger to the respondent’s 1 self or others; the location, type, and number of firearms the 2 plaintiff believes are possessed by the respondent; whether 3 the respondent is subject to a current protective order or 4 no-contact order; and whether any legal proceedings are pending 5 between the plaintiff and respondent. 6 In lieu of personal service of an extreme risk protective 7 order on a respondent, the bill allows a sheriff of any county 8 in this state or any peace officer or corrections officer 9 in this state to serve the respondent with a short-form 10 notification to effectuate service of an unserved order. 11 Short-form notification includes service during traffic stops 12 and other contacts with the respondent by a sheriff, peace 13 officer, or corrections officer in this state in the course of 14 performing official duties. 15 The bill requires the department of justice to prescribe 16 standard forms to be used by a plaintiff proceeding pro se when 17 filing an extreme risk protective order petition. 18 The bill permits a county attorney’s office to provide 19 assistance to a plaintiff wishing to initiate the filing of an 20 extreme risk protective order petition or to a plaintiff at any 21 stage of a proceeding under the bill, if the plaintiff does 22 not have sufficient funds to pay for legal assistance and if 23 the assistance does not create a conflict of interest for the 24 county attorney’s office. 25 The bill permits the plaintiff to use an alternate mailing 26 address for the purposes of filing a petition for an extreme 27 risk protective order including the mailing address of a 28 shelter or other agency, a public or private post office box, 29 or any other mailing address with permission of the resident of 30 that address. 31 The bill requires that hearing on the petition for an extreme 32 risk protective order shall occur not less than five but no 33 more than 15 days after commencing the proceeding and after 34 notice to the respondent. 35 -16- LSB 5151HH (7) 90 cm/js 16/ 21

H.F. 2115 The bill provides that upon hearing on the petition, if 1 the court finds by a preponderance of the evidence that the 2 respondent presents a significant danger to the respondent’s 3 self or others by possessing, shipping, transporting, or 4 receiving firearms, the court shall issue an extreme risk 5 protective order for a period of one year. In determining 6 whether grounds for an extreme risk protective order exist, 7 the court may consider any relevant evidence including but not 8 limited to the following: a recent act or threat of violence 9 by the respondent against the respondent’s self or others; a 10 pattern of acts or threats of violence against the respondent’s 11 self or others by the respondent within the preceding twelve 12 months of the filing of the petition; any serious mental 13 impairment of the respondent; any previous violations of 14 no-contact orders or protective orders by the respondent; a 15 previous issuance of an extreme risk protective order issued 16 against the respondent; a previous domestic abuse assault 17 conviction; the possession of a firearm or the reckless use, 18 display, or brandishing of a firearm by the respondent; any 19 history of use of physical force by the respondent against 20 another person; any prior criminal history of the respondent; 21 and evidence of abuse of a controlled substance or alcohol by 22 the respondent. 23 EMERGENCY EXTREME RISK PROTECTIVE ORDER. The bill allows 24 a plaintiff to request an emergency extreme risk protective 25 order, without notice to the respondent, by including in the 26 petition detailed allegations based on personal knowledge that 27 the respondent poses a significant danger to the respondent’s 28 self or others, in the near future, by possessing, shipping, 29 transporting, or receiving firearms. If the court finds good 30 cause to believe that the respondent presents a significant 31 danger to the respondent’s self or others, in the near future, 32 by possessing, shipping, transporting, or receiving firearms, 33 the court shall issue an emergency extreme risk protective 34 order. 35 -17- LSB 5151HH (7) 90 cm/js 17/ 21

H.F. 2115 The court shall hold an emergency extreme risk protective 1 order hearing in person or by telephone on the day the petition 2 is filed. 3 When the court is unavailable from the close of business 4 at the end of the day or week to the resumption of business 5 at the beginning of the day or week, the bill provides that 6 a petition for an extreme risk protective order may be filed 7 before a district judge, or district associate judge designated 8 by the chief judge of the judicial district, who may grant 9 emergency relief, if the district judge or district associate 10 judge finds good cause to believe that the respondent presents 11 a significant danger to the respondent’s self or others, in 12 the near future, by possessing, shipping, transporting, or 13 receiving firearms. 14 The emergency extreme risk protective order shall be in 15 effect until the issuance of an extreme risk protective order 16 after a hearing on the petition for an extreme risk protective 17 order or the court determines at the hearing on the petition 18 that the plaintiff has not proven by a preponderance of the 19 evidence that the respondent presents a significant danger 20 to the respondent’s self or others by possessing, shipping, 21 transporting, or receiving firearms. 22 In lieu of personal service of an emergency extreme risk 23 protective order on a respondent, the bill allows a sheriff of 24 any county in this state or any peace officer or corrections 25 officer to serve the respondent with a short-form notification 26 to effectuate the service on an unserved order. Short-form 27 notification includes service during traffic stops and other 28 contacts with the respondent by the sheriff, peace officer, or 29 corrections officer. 30 REQUEST TO TERMINATE ORDER. Under the bill, the respondent 31 may submit a request for a hearing to terminate an extreme risk 32 protective order during each 12-month period that the order is 33 in effect, beginning from the date of the order and continuing 34 through any extensions. The bill provides that the respondent 35 -18- LSB 5151HH (7) 90 cm/js 18/ 21

H.F. 2115 shall have the burden of proving by a preponderance of the 1 evidence that the respondent does not present a significant 2 danger to the respondent’s self or others by possessing, 3 shipping, transporting, or receiving firearms. 4 EXTENSION OF ORDER. An extreme risk protective order may be 5 extended under the bill. A family member may by motion request 6 an extension of an extreme risk protective order within 90 7 days of the expiration of the order. The bill provides that 8 if the court finds by a preponderance of the evidence that the 9 requirements for issuance of an extreme risk protective order 10 continue to be met, the court shall extend the order. 11 SURRENDER OF FIREARMS AND FIREARM PERMITS. Upon the 12 issuance of an extreme risk protective order or an emergency 13 extreme risk protective order, the bill provides that the court 14 shall order the respondent to immediately surrender to the law 15 enforcement agency named in the protective order all firearms 16 possessed by the respondent and any permit to carry weapons or 17 permit to acquire possessed by the respondent within 48 hours 18 of being served with the order or within 48 hours of the end of 19 the hearing on the petition at which the respondent was present 20 and an order was subsequently issued. 21 The bill requires that at the time of surrendering any 22 firearms, a peace officer taking possession of any firearms 23 shall issue a receipt identifying all firearms that have 24 been surrendered and provide a copy of the receipt to the 25 respondent. 26 Upon a sworn statement or testimony of the petitioner or of 27 any peace officer alleging that the respondent has failed to 28 comply with the surrender of firearms and permits as required 29 by any order, the bill requires the court to determine whether 30 probable cause exists to believe that the respondent has failed 31 to surrender all firearms or permits in the possession of the 32 respondent. If probable cause exists, the bill requires the 33 court to issue a search warrant describing the firearms and 34 authorizing a search of the locations where the firearms are 35 -19- LSB 5151HH (7) 90 cm/js 19/ 21