(1) Title 5, chapter 337-A;
(2) Chapter 12-A; and
(3) Title 19-A, chapter 101;
SP0408 LD 1312 |
Session - 129th Maine Legislature C "A", Filing Number S-285, Sponsored by
|
LR 147 Item 2 |
|
Bill Tracking, Additional Documents | Chamber Status |
Amend the bill in section 1 in §412 by inserting after subsection 2 the following:
(1) Title 5, chapter 337-A;
(2) Chapter 12-A; and
(3) Title 19-A, chapter 101;
Amend the bill in section 1 in §412 by renumbering the subsections to read consecutively.
Amend the bill in section 1 in §413 in subsection 3 in the first line (page 3, line 32 in L.D.) by striking out the following: " The time" and inserting the following: ' Of the time'
Amend the bill in section 1 in §413 in subsection 4 in the first line (page 3, line 34 in L.D.) by striking out the following: " The restrained" and inserting the following: ' Of the restrained'
Amend the bill in section 1 in §413 by striking out all of subsections 5 and 6 (page 3, lines 36 to 38 in L.D.) and inserting the following:
Amend the bill in section 1 in §414 by striking out all of subsection 2 (page 4, lines 8 to 12 in L.D.) and inserting the following:
Amend the bill in section 1 in §422 by striking out all of subsections 4 and 5 (page 5, lines 28 to 32 in L.D.) and inserting the following:
Amend the bill in section 1 in §432 in subsection 1 in the last line (page 7, line 28 in L.D.) by inserting at the end the following: ' The law enforcement agency that initially seizes or receives firearms as the result of an extreme risk protection order may make arrangements for transfer and storage of those firearms with another law enforcement agency or federally licensed firearms dealer.'
Amend the bill by inserting after section 2 the following:
‘Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.
PUBLIC SAFETY, DEPARTMENT OF
State Police 0291
Initiative: Provides one-time funding for computer programming to update the protection order database.
GENERAL FUND | 2019-20 | 2020-21 |
All Other
|
$39,000 | $0 |
GENERAL FUND TOTAL | $39,000 | $0 |
HIGHWAY FUND | 2019-20 | 2020-21 |
All Other
|
$21,372 | $0 |
HIGHWAY FUND TOTAL | $21,372 | $0 |
SUMMARY
This amendment lists factors that a court may consider when determining whether the grounds for an extreme risk protection order exist. The list of factors is based on current Rhode Island statute. The court is not precluded from considering other criteria.
This amendment revises the search warrant procedures in the bill to clarify that the court has discretion to issue a search warrant after an extreme risk protection order has been issued. If the court finds there is probable cause to believe the restrained individual owns, possesses or controls any firearms, the court is required to issue a warrant that describes the firearms and authorizes a search of the location where the described firearms are reasonably believed to be found and the seizure of any firearms in the possession or control of the restrained individual that are discovered pursuant to the search. The search warrant process for extreme risk protection orders described in this legislation is not intended to alter or supersede existing provisions governing search warrants, including exceptions for when a search warrant is not required.
This amendment requires the court, when issuing either a temporary extreme risk protection order or an extended extreme risk protection order, to inform the individual subject to the order of treatment resources that the individual may access.
This amendment authorizes the law enforcement agency that initially seized or received firearms as the result of an extreme risk protection order to make arrangements for transfer and storage of those firearms with another law enforcement agency or with a federally licensed firearms dealer.
This amendment adds an appropriations and allocations section.