House File 149 - Introduced HOUSE FILE 149 BY STAED , KURTH , HUNTER , STECKMAN , DONAHUE , MASCHER , ANDERSON , and EHLERT 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 1675YH (3) 88 mo/rh

H.F. 149 Section 1. Section 664A.1, subsection 2, Code 2019, 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 a civil 13 injunction issued pursuant to section 915.22 . 14 b. “Protective order” does not include a protective order 15 issued pursuant to chapter 664B. 16 Sec. 2. NEW SECTION . 664B.1 Definitions. 17 As used in this chapter unless the context otherwise 18 requires: 19 1. “Affidavit” means a written declaration or statement of 20 fact made under oath, or legally sufficient affirmation, before 21 any person authorized to administer oaths within or without the 22 state. 23 2. “Family member” means a spouse, person cohabiting, a 24 parent, or other person related by consanguinity or affinity. 25 3. “Firearm” includes ammunition and any offensive weapon. 26 4. “Intimate relationship” means the same as defined in 27 section 235E.1. 28 5. “Plaintiff” means a family member, a person with whom the 29 respondent is having an intimate relationship with, or a peace 30 officer who files a petition under this chapter. 31 6. “Possession” includes ownership, custody, or control. 32 7. “Respondent” means a person against whom a protective 33 order is filed under this chapter. 34 Sec. 3. NEW SECTION . 664B.2 Extreme risk protective order 35 -1- LSB 1675YH (3) 88 mo/rh 1/ 21

H.F. 149 —— petition. 1 1. A plaintiff may file a petition in the district court 2 requesting an extreme risk protective order. Venue shall lie 3 in the county where either party resides. The petition shall 4 contain all of the following: 5 a. Name of the plaintiff and the name and address of the 6 plaintiff’s attorney, if any. If the plaintiff is proceeding 7 pro se, the petition shall state a mailing address for the 8 plaintiff. A mailing address may be provided by the plaintiff 9 pursuant to section 664B.6. 10 b. A statement of facts alleging the respondent presents 11 a significant danger to the respondent’s self or others by 12 possessing, shipping, transporting, or receiving firearms 13 accompanied by an affidavit stating the specific statements, 14 actions, or facts that give rise to the reasons the respondent 15 presents a significant danger to the respondent’s self or 16 others by possessing, shipping, transporting, or receiving 17 firearms. 18 c. The location, type, and number of firearms the plaintiff 19 believes are possessed by the respondent. 20 d. Whether the respondent is subject to a current protective 21 order or a no-contact order. 22 e. Whether any legal proceeding is pending between the 23 plaintiff and respondent, and if so, the nature of the legal 24 proceeding. 25 f. Desired relief, including a request for temporary or 26 emergency orders. 27 2. The filing fee and court costs for an extreme risk 28 protective order shall be waived for the plaintiff. 29 3. The clerk of the district court, the sheriff of any 30 county in this state, or any peace officer, or corrections 31 officer shall perform their duties relating to service of 32 process without charge to the plaintiff. When an order for 33 an extreme risk protective is entered by the court, the court 34 may direct the respondent to pay to the clerk of court the 35 -2- LSB 1675YH (3) 88 mo/rh 2/ 21

H.F. 149 fees for the filing of the petition and reasonable costs of 1 service of process if the court determines the respondent has 2 the ability to pay the plaintiff’s fees and costs. In lieu of 3 personal service of a protective order issued pursuant to this 4 section, the sheriff of any county in this state, and other law 5 enforcement and corrections officers may serve a respondent 6 with a short-form notification pursuant to section 664B.3. 7 Sec. 4. NEW SECTION . 664B.3 Short-form notification. 8 1. In lieu of personal service of an extreme risk protective 9 order or an emergency extreme risk protective order on a 10 respondent whose firearms are to be surrendered by such an 11 order, a sheriff of any county in this state or any peace 12 officer or corrections officer in this state may serve the 13 respondent with a short-form notification pursuant to this 14 section to effectuate service of an unserved order. 15 2. Service of a short-form notification under this section 16 shall be allowed during traffic stops and other contacts with 17 the respondent by a sheriff, peace officer, or corrections 18 officer in this state in the course of performing official 19 duties. The respondent may be detained for a reasonable period 20 of time to complete the short-form notification process. 21 3. When the short-form notification process is complete, 22 the sheriff, peace officer, or corrections officer serving the 23 notification shall file a copy of the notification with the 24 clerk of the district court. The filing shall indicate the 25 date and time the notification was served on the respondent. 26 4. The short-form notification shall be on a form 27 prescribed by the state court administrator. The state court 28 administrator shall prescribe rules relating to the content 29 and distribution of the form to appropriate law enforcement 30 agencies in this state. The form shall include but not be 31 limited to all of the following statements: 32 a. The respondent shall immediately surrender all firearms 33 in the respondent’s possession and any permit to carry weapons 34 or permit to acquire in the possession of the respondent. 35 -3- LSB 1675YH (3) 88 mo/rh 3/ 21

H.F. 149 b. The respondent is responsible for obtaining a full copy 1 of the extreme risk protective order or emergency extreme risk 2 protective order from the county sheriff of the county in which 3 the order was entered or from the clerk of the district court. 4 c. The terms and conditions of the extreme risk protective 5 order or emergency extreme risk protective order are 6 enforceable, and the respondent is subject to arrest for 7 violating the protective order. 8 Sec. 5. NEW SECTION . 664B.4 Plaintiffs proceeding pro se —— 9 provision of forms and assistance. 10 1. The department of justice shall prescribe standard forms 11 to be used by a plaintiff proceeding pro se when filing a 12 petition under this chapter. The standard forms shall include 13 language in fourteen point boldface type. Standard forms 14 prescribed by the department shall be the exclusive forms used 15 by a plaintiff proceeding pro se, and may be used by other 16 plaintiffs. The department shall distribute the forms to the 17 clerks of the district courts. 18 2. The clerk of the district court shall furnish the 19 required forms to plaintiffs seeking an extreme risk protective 20 order through pro se proceedings pursuant to this chapter. 21 Sec. 6. NEW SECTION . 664B.5 Assistance by county attorney. 22 A county attorney’s office may provide assistance to a 23 plaintiff wishing to initiate proceedings pursuant to this 24 chapter or to a plaintiff at any stage of a proceeding under 25 this chapter, if the plaintiff does not have sufficient funds 26 to pay for legal assistance and if the assistance does not 27 create a conflict of interest for the county attorney’s office. 28 The assistance provided may include, but is not limited to, 29 assistance in obtaining or completing forms, filing a petition 30 or other necessary pleading, presenting evidence to the court, 31 and enforcing the orders of the court entered pursuant to this 32 chapter. Providing assistance pursuant to this section shall 33 not be considered the private practice of law for the purposes 34 of section 331.752. 35 -4- LSB 1675YH (3) 88 mo/rh 4/ 21

H.F. 149 Sec. 7. NEW SECTION . 664B.6 Plaintiff’s address —— 1 confidentiality of records. 2 1. A plaintiff may use any of the following addresses as a 3 mailing address for purposes of filing a petition under this 4 chapter: 5 a. The mailing address of a shelter or other agency. 6 b. A public or private post office box. 7 c. Any other mailing address, with the permission of the 8 resident of that address. 9 2. A plaintiff shall report any change of address, whether 10 designated according to subsection 1 or otherwise, to the clerk 11 of the district court no more than five days after the previous 12 address on record becomes invalid. 13 3. The entire file or a portion of the file under this 14 chapter shall be sealed by the clerk of the district court as 15 ordered by the court to protect the privacy interest or safety 16 of any person. 17 4. Notwithstanding subsection 3, court orders shall remain 18 public records, although the court may order that address and 19 location information be redacted from the public records. 20 Sec. 8. NEW SECTION . 664B.7 Hearing. 21 1. Not less than five and not more than fifteen days after 22 commencing a proceeding and upon notice to the other party, 23 a hearing shall be held at which the plaintiff must prove by 24 a preponderance of the evidence that the respondent presents 25 a significant danger to the respondent’s self or others by 26 possessing, shipping, transporting, or receiving firearms. 27 2. Upon hearing, if the court finds by a preponderance of 28 the evidence that the respondent poses a significant danger 29 to the respondent’s self or others by possessing, shipping, 30 transporting, or receiving firearms, the court shall issue an 31 extreme risk protective order for a period of one year. 32 3. In determining whether grounds for an extreme risk 33 protective order exist, the court may consider any relevant 34 evidence including but not limited to the following: 35 -5- LSB 1675YH (3) 88 mo/rh 5/ 21

H.F. 149 a. A recent act or threat of violence by the respondent 1 against the respondent’s self or others, and whether such 2 violence or threat involves a firearm. 3 b. A pattern of acts or threats of violence against the 4 respondent’s self or others within the preceding twelve months 5 of the filing of the petition. 6 c. Any serious mental impairment of the respondent. 7 d. Any violation of a no-contact order issued for violations 8 or alleged violations of sections 708.2A, 708.7, 708.11, 709.2, 9 709.3, and 709.4, and any other public offense for which there 10 is a victim. 11 e. Any violation of a protective order issued in a civil 12 proceeding under chapter 232, 235F, 236, 236A, 598, or 915. 13 f. The issuance of a previous extreme risk protective order 14 against the respondent under this chapter. 15 g. A violation of a previous extreme risk protective order 16 issued against the respondent under this chapter. 17 h. A conviction of the respondent for a crime that 18 constitutes domestic abuse assault in violation of section 19 708.2A. 20 i. The possession of or access to a firearm, or the intent 21 to possess a firearm by the respondent. 22 j. The unlawful or reckless use, display, or brandishing of 23 a firearm by the respondent. 24 k. Any history of use, attempted use, or threatened use of 25 physical force by the respondent against another person, or the 26 respondent’s history of stalking or harassing another person. 27 l. Any prior arrest of the respondent for a felony offense 28 or violent crime. 29 m. Evidence of abuse of a controlled substance or alcohol 30 by the respondent. 31 n. Evidence of recent acquisition of a firearm by the 32 respondent. 33 4. The court may: 34 a. Examine under oath the plaintiff, the respondent, and 35 -6- LSB 1675YH (3) 88 mo/rh 6/ 21

H.F. 149 any witnesses that the plaintiff or respondent produces, or 1 in lieu of examination, consider affidavits of the plaintiff, 2 the respondent, or any witnesses the plaintiff or respondent 3 produces. 4 b. Ensure that a reasonable search has been conducted for 5 criminal history records relating to the respondent. 6 5. During the hearing, the court may order a substance abuse 7 evaluation. 8 6. An extreme risk protective order shall include all of the 9 following: 10 a. A statement of the grounds supporting the issuance of the 11 order. 12 b. The date and time the order was issued. 13 c. The date and time the order expires. 14 d. Whether a substance abuse evaluation is required. 15 e. Whether a responsive pleading may be filed. 16 f. A description of the firearms to be surrendered. 17 g. An extreme risk protective order shall contain the 18 following statement: 19 To the subject of this protective order: This order remains 20 effective until the date and time noted above. If you have not 21 done so already, you must surrender to the (insert the name of 22 a local law enforcement agency with jurisdiction) all firearms 23 in your possession, custody, or control and surrender any 24 permit to carry weapons or permit to acquire in your possession 25 to such agency. You shall not have in your possession a 26 firearm, or ship, transport, or receive, or attempt to ship, 27 transport, or receive such a firearm while this order is in 28 effect. You have the right to request one hearing to terminate 29 this order during each twelve-month period that this order is 30 in effect, starting from the date of this order and continuing 31 through any extension of the order. If the order requires 32 a substance abuse evaluation, you must first obtain such 33 evaluation and disclose the results of the evaluation to the 34 court prior to requesting a hearing. 35 -7- LSB 1675YH (3) 88 mo/rh 7/ 21

H.F. 149 7. If a hearing is continued, the court may make or extend 1 any order issued under subsection 2 that it deems necessary. 2 8. Upon the application of a party, the court shall issue 3 subpoenas requiring attendance and testimony of witnesses and 4 production of papers. 5 9. The court shall advise the respondent of a right to be 6 represented by counsel of the respondent’s choosing and to have 7 a continuance to secure counsel. 8 10. If applicable, the court shall determine whether the 9 respondent has had sufficient opportunity to surrender the 10 respondent’s firearms after service of an emergency extreme 11 risk protective order issued under section 664B.8. 12 11. Hearings shall be recorded. 13 Sec. 9. NEW SECTION . 664B.8 Emergency extreme risk 14 protective order. 15 1. A plaintiff may request that an emergency extreme risk 16 protective order be issued before a hearing for an extreme 17 risk protective order under section 664B.7, without notice 18 to the respondent, by including in the petition detailed 19 allegations based on personal knowledge that the respondent 20 poses a significant danger to the respondent’s self or others, 21 in the near future, by possessing, shipping, transporting, or 22 receiving firearms. 23 2. In considering whether to issue an emergency extreme risk 24 protective order under this section, the court shall consider 25 all relevant evidence described in section 664B.7, subsection 26 3. 27 3. If the court finds there is good cause to believe that 28 the respondent poses a significant danger to the respondent’s 29 self or others, in the near future, by possessing, shipping, 30 transporting, or receiving firearms, the court shall issue an 31 emergency extreme risk protective order. 32 4. The court shall hold an emergency extreme risk protective 33 order hearing in person or by telephone on the day the petition 34 is filed. 35 -8- LSB 1675YH (3) 88 mo/rh 8/ 21

H.F. 149 5. When the court is unavailable from the close of business 1 at the end of the day or week to the resumption of business 2 at the beginning of the day or week, a petition may be filed 3 before a district judge, or district associate judge designated 4 by the chief judge of the judicial district, who may grant 5 emergency relief under this section, if the district judge 6 or district associate judge finds there is good cause to 7 believe that the respondent poses a significant danger to the 8 respondent’s self or others, in the near future, by possessing, 9 shipping, transporting, or receiving firearms. 10 6. An emergency extreme risk protective order shall include 11 the following: 12 a. A statement of the grounds supporting the issuance of the 13 order. 14 b. The date and time the order was issued. 15 c. The date and time the order expires. 16 d. Whether a responsive pleading may be filed. 17 e. A description of the firearms to be surrendered. 18 f. The date and time of the scheduled hearing. 19 g. An emergency extreme risk protective order shall contain 20 the following statement: 21 To the subject of this protective order: This order remains 22 effective until the date and time noted above. If you have not 23 done so already, you must immediately surrender to the (insert 24 the 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 27 in your possession to such agency. You shall not have in 28 your possession a firearm, or ship, transport, or receive, or 29 attempt to ship, transport, or receive such a firearm while 30 this order is in effect. A hearing will be held on the date 31 and time noted above to determine if an extreme risk protective 32 order shall be issued. Failure to appear at that hearing may 33 result in a court entering an extreme risk protective order 34 against you that is valid for a period of one year. You may 35 -9- LSB 1675YH (3) 88 mo/rh 9/ 21

H.F. 149 seek the advice of an attorney as to any matter connected with 1 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 1675YH (3) 88 mo/rh 10/ 21

H.F. 149 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 1675YH (3) 88 mo/rh 11/ 21

H.F. 149 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 shall 8 order the respondent to immediately surrender to the law 9 enforcement agency named in the protective order, all firearms 10 possessed by the respondent and any permit to carry weapons 11 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 1675YH (3) 88 mo/rh 12/ 21

H.F. 149 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 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, 2019, 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 1675YH (3) 88 mo/rh 13/ 21

H.F. 149 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 2019, 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 1, Code 2019, is amended 24 by adding the following new paragraphs: 25 NEW PARAGRAPH . d. Is subject to an extreme risk protective 26 order or an emergency extreme risk protective order issued 27 under chapter 664B. 28 NEW PARAGRAPH . e. 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 2019, 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 1675YH (3) 88 mo/rh 14/ 21

H.F. 149 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. The bill defines 21 “possession” to include ownership, custody, or control. The 22 bill defines “plaintiff” to mean a family member, a person with 23 whom the respondent is having an intimate relationship with, or 24 a peace officer. The bill defines “intimate relationship” to 25 mean the same as defined in Code section 235E.1. 26 PETITION FOR EXTREME RISK PROTECTIVE ORDER. Under the bill, 27 a plaintiff may file a petition in district court requesting 28 an extreme risk protective order stating that the subject of 29 the extreme risk protective petition (respondent) presents 30 a significant danger to the respondent’s self or others by 31 possessing, shipping, transporting, or receiving firearms. 32 The bill requires the petition to contain an affidavit 33 stating the specific facts that give rise to the reasons the 34 respondent presents a significant danger to the respondent’s 35 -15- LSB 1675YH (3) 88 mo/rh 15/ 21

H.F. 149 self or others; the location, type, and number of firearms the 1 plaintiff believes are possessed by the respondent; whether 2 the respondent is subject to a current protective order or 3 no-contact order; and whether any legal proceedings are pending 4 between the plaintiff and respondent. 5 In lieu of personal service of an extreme risk protective 6 order on a respondent, the bill allows a sheriff of any county 7 in this state or any peace officer or corrections officer 8 in this state to serve the respondent with a short-form 9 notification to effectuate service of an unserved order. 10 Short-form notification includes service during traffic stops 11 and other contacts with the respondent by a sheriff, peace 12 officer, or corrections officer in this state in the course of 13 performing official duties. 14 The bill requires the department of justice to prescribe 15 standard forms to be used by a plaintiff proceeding pro se when 16 filing an extreme risk protective order petition. 17 The bill permits a county attorney’s office to provide 18 assistance to a plaintiff wishing to initiate the filing of an 19 extreme risk protective order petition or to a plaintiff at any 20 stage of a proceeding under the bill, if the plaintiff does 21 not have sufficient funds to pay for legal assistance and if 22 the assistance does not create a conflict of interest for the 23 county attorney’s office. 24 The bill permits the plaintiff to use an alternate mailing 25 address for the purposes of filing a petition for an extreme 26 risk protective order including the mailing address of a 27 shelter or other agency, a public or private post office box, 28 or any other mailing address with permission of the resident of 29 that address. 30 The bill requires that hearing on the petition for an extreme 31 risk protective order shall occur not less than five but no 32 more than 15 days after commencing the proceeding and after 33 notice to the respondent. 34 The bill provides that upon hearing on the petition, if 35 -16- LSB 1675YH (3) 88 mo/rh 16/ 21

H.F. 149 the court finds by a preponderance of the evidence that the 1 respondent presents a significant danger to the respondent’s 2 self or others by possessing, shipping, transporting, or 3 receiving firearms, the court shall issue an extreme risk 4 protective order for a period of one year. In determining 5 whether grounds for an extreme risk protective order exist, 6 the court may consider any relevant evidence including but not 7 limited to the following: a recent act or threat of violence 8 by the respondent against the respondent’s self or others; a 9 pattern of acts or threats of violence against the respondent’s 10 self or others by the respondent within the preceding twelve 11 months of the filing of the petition; any serious mental 12 impairment of the respondent; any previous violations of 13 no-contact orders or protective orders by the respondent; a 14 previous issuance of an extreme risk protective order issued 15 against the respondent; a previous domestic abuse assault 16 conviction; the possession of a firearm or the reckless use, 17 display, or brandishing of a firearm by the respondent; any 18 history of use of physical force by the respondent against 19 another person; any prior criminal history of the respondent; 20 and evidence of abuse of a controlled substance or alcohol by 21 the respondent. 22 EMERGENCY EXTREME RISK PROTECTIVE ORDER. The bill allows 23 a plaintiff to request an emergency extreme risk protective 24 order, without notice to the respondent, by including in the 25 petition detailed allegations based on personal knowledge that 26 the respondent poses a significant danger to the respondent’s 27 self or others, in the near future, by possessing, shipping, 28 transporting, or receiving firearms. If the court finds good 29 cause to believe that the respondent presents a significant 30 danger to the respondent’s self or others, in the near future, 31 by possessing, shipping, transporting, or receiving firearms, 32 the court shall issue an emergency extreme risk protective 33 order. 34 The court shall hold an emergency extreme risk protective 35 -17- LSB 1675YH (3) 88 mo/rh 17/ 21

H.F. 149 order hearing in person or by telephone on the day the petition 1 is filed. 2 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, the bill provides that 5 a petition for an extreme risk protective order may be filed 6 before a district judge, or district associate judge designated 7 by the chief judge of the judicial district, who may grant 8 emergency relief, if the district judge or district associate 9 judge finds good cause to believe that the respondent presents 10 a significant danger to the respondent’s self or others, in 11 the near future, by possessing, shipping, transporting, or 12 receiving firearms. 13 The emergency extreme risk protective order shall be 14 in effect until the issuance of an extreme risk protective 15 order after a hearing on the petition for an extreme risk 16 protective order or the court determines at the hearing on the 17 petition the plaintiff has not proven by a preponderance of 18 the evidence that the respondent presents a significant danger 19 to the respondent’s self or others by possessing, shipping, 20 transporting, or receiving firearms. 21 In lieu of personal service of an emergency extreme risk 22 protective order on a respondent, the bill allows a sheriff of 23 any county in this state or any peace officer or corrections 24 officer to serve the respondent with a short-form notification 25 to effectuate the service on an unserved order. Short-form 26 notification includes service during traffic stops and other 27 contacts with the respondent by the sheriff, peace officer, or 28 corrections officer. 29 REQUEST TO TERMINATE ORDER. Under the bill, the respondent 30 may submit a request for a hearing to terminate an extreme risk 31 protective order during each 12-month period that the order is 32 in effect, beginning from the date of the order and continuing 33 through any extensions. The bill provides that the respondent 34 shall have the burden of proving by a preponderance of the 35 -18- LSB 1675YH (3) 88 mo/rh 18/ 21

H.F. 149 evidence that the respondent does not present a significant 1 danger to the respondent’s self or others by possessing, 2 shipping, transporting, or receiving firearms. 3 EXTENSION OF ORDER. An extreme risk protective order may be 4 extended under the bill. A family member may by motion request 5 an extension of an extreme risk protective order within 90 6 days of the expiration of the order. The bill provides that 7 if the court finds by a preponderance of the evidence that the 8 requirements for issuance of an extreme risk protective order 9 continue to be met, the court shall extend the order. 10 SURRENDER OF FIREARMS AND FIREARM PERMITS. Upon the 11 issuance of an extreme risk protective order or an emergency 12 extreme risk protective order, the bill provides that the court 13 shall order the respondent to immediately surrender to the law 14 enforcement agency named in the protective order, all firearms 15 possessed by the respondent and any permit to carry weapons or 16 permit to acquire possessed by the respondent, within 48 hours 17 of being served with the order or within 48 hours of the end of 18 the hearing on the petition at which the respondent was present 19 and an order was subsequently issued. 20 The bill requires that at the time of surrendering any 21 firearms, a peace officer taking possession of any firearms 22 shall issue a receipt identifying all firearms that have 23 been surrendered and provide a copy of the receipt to the 24 respondent. 25 Upon a sworn statement or testimony of the petitioner or of 26 any peace officer alleging that the respondent has failed to 27 comply with the surrender of firearms and permits as required 28 by any order, the bill requires the court to determine whether 29 probable cause exists to believe that the respondent has failed 30 to surrender all firearms or permits in the possession of the 31 respondent. If probable cause exists, the bill requires the 32 court to issue a search warrant describing the firearms and 33 authorizing a search of the locations where the firearms are 34 reasonably believed to be and the seizure of any firearms 35 -19- LSB 1675YH (3) 88 mo/rh 19/ 21