Maritza Davila voted Yea (Passage) on this Legislation.
Title: Authorizes Extreme Risk Protection Orders
Vote to pass a bill that authorizes extreme risk protection orders, commonly known as a "red flag bill."
Authorizes police officers, district attorneys, and certified school employees to file a petition for an extreme risk protection order with accompanying evidence and documentation (Sec. 1).
Authorizes courts to issue a temporary extreme risk protection order upon application for an extreme risk protection order if there is probably cause to believe that an individual poses a risk to themselves or others if they are able to purchase or possess firearms (Sec. 1).
Requires that a hearing to determine the issuance of a final extreme risk protection order be held no later than 6 business days after the issuance of a temporary extreme risk protection order (Sec. 1).
Requires that a hearing to determine the issuance of an extreme risk protection order be held no later than 10 business days after the service of an application in cases where a temporary extreme risk protection order was not served (Sec. 1).
Specifies that the petitioner has the duty of proving that the respondent is likely to engage in conduct that would result in harm to themselves or others, by a standard of clear and convincing evidence (Sec. 1).
Requires a law enforcement officer, upon issuance of a temporary or final extreme risk protection order, to obtain all firearms in the possession of the respondent by surrender or lawful search and to issue a receipt for all such firearms to the respondent (Sec. 1).
Specifies that an extreme risk protection order remains in effect for 1 year or until a court order is issued (Sec. 1).
Authorizes petitioners to apply for an extension of an extreme risk protection order within 60 of the expiration of the order (Sec. 1).
Authorizes respondents to apply for any portion of the order to be vacated by hearing at any point during the effective period of the order (Sec. 1).
Title: Authorizes Extreme Risk Protection Orders