In a vote of 3-2 today, right along party lines, New Hampshire Senate Democrats voted to pass House Bill 687 – AN ACT relative to extreme risk protection orders. V.  The court may issue such temporary orders by telephone or facsimile. New Hampshire House Bill 687 focuses on extreme risk protection orders, which would allow a household member or law enforcement officer to petition for a court order to … New Hampshire; National Edition. 2  New Chapter; Extreme Risk Protection Orders. Only the court can change the order and only upon written application.". The instructions, brochures, forms, and handbook shall be prepared in consultation with interested persons, including representatives of gun violence prevention groups, judges, and law enforcement personnel. “To the subject of this extreme risk protection order:  This order will remain in effect until the date noted above. (l)  Evidence of recent acquisition of firearms or ammunition by the respondent. (e)  A violation of a previous or existing risk protection order issued against the respondent. HB 687 would allow family members and law enforcement to confiscate people’s firearm on mere accusations of being a danger to themselves and others. The scope of the hearing shall be limited to: (a)  Establishing whether the respondent is subject to any state or federal law or, court order that prohibits the respondent from owning or possessing a firearm or ammunition; and. However, the entities impacted have provided the potential costs associated with these penalties below. 12; Sen. Watters, Dist 4; Sen. Sherman, Dist 24; Sen. Hennessey, Dist 5; Sen. Dietsch, Dist 9; Sen. Kahn, Dist 10, COMMITTEE: Criminal Justice and Public Safety, -----------------------------------------------------------------. III. VIII. Or iPhone one-tap: 13126266799,,94954573376# or 19292056099,,94954573376# Senate Calendar 24, 3. The lack of due process in this legislation is antithetical to the New Hampshire and American … House Bill 687, sponsored by Representative Debra Altschiller (D-Rockingham 19), would have allowed ex parte orders to suspend Second Amendment rights without adequate due process. (e)  The total number of extreme risk protection orders extended during the previous year. Unfortunately, the process laid out in House Bill 687 goes too far and would weaken the constitutional rights of law-abiding New Hampshire citizens. If the court issues a temporary extreme risk protection order under RSA 159-E:4, the court shall inform the respondent, in writing, that he or she is entitled to request an expedited hearing as provided in RSA 159-E:4, V.  The court shall provide the respondent with a form to request such a hearing. The court shall consider any relevant evidence, including evidence of the considerations listed in RSA 159-E:5, III. Register now for our free OneVote public service or GAITS Professional trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. Summary (2020-09-17) Relative to extreme risk protection orders. V.  No filing fee or fee for service of process shall be charged for a petition or response under this section, and the petitioner or respondent may proceed without legal counsel. All petitions filed under this chapter shall include the home and work telephone numbers of the respondent, if known. II. Concord, NH – Today, Governor Chris Sununu issued the following statement after the Senate voted to pass SB 687, an act relative to transparency in prescription drug pricing and establishing a New Hampshire prescription drug affordability board: Matter removed from current law appears [in brackets and struckthrough.]. New Hampshire House Bill; 2020 Regular Session; Introduced in House Mar 12, 2020; Passed House Jan 09, 2020; Passed Senate Jun 29, 2020; Governor; relative to extreme risk protection orders. IV. It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. 2019 SESSION. Any valid extreme risk protection order, as defined in paragraph II, shall be accorded full faith and credit throughout the state. (h)  The unlawful or reckless use, display, or brandishing of a firearm by the respondent. Explanation: Matter added to current law appears in, Matter removed from current law appears [. I. I understand that making a false statement on this petition will subject me to criminal penalties.”. Law enforcement agencies shall establish procedures whereby a law enforcement officer at the scene of an alleged violation of such an order may be informed of the existence and terms of such order. The respondent may submit one written request for a hearing to vacate an extreme risk protection order issued under RSA 159-E:5, starting after the date of the issuance of the order, and may request one additional hearing after every extension of the order, if any. LEGISLATION. I. VI. II. This legislation is better known as the ‘Red Flag’ bill. If you have not done so already, you shall surrender immediately to the (insert name of local law enforcement agency) all firearms and ammunition that you own or that are in your custody, control, or possession and any license to carry a loaded pistol or revolver issued to you under RSA 159:6. Retrieval of such firearms shall be through the law enforcement agency responsible for their transfer to the storage facility pursuant to a court order as prescribed in this paragraph. IV. Explanation: Matter added to current law appears in bold italics. 159-E:7  Notification; Reporting of Orders. (b)  In determining whether to extend an extreme risk protection order issued under this section, the court shall consider any relevant evidence, including evidence of the considerations listed in RSA 159-E:5, III. II. III. The administrative office of the courts shall distribute a master copy of the petition and order forms, instructions, and informational brochures to all court clerks and shall distribute a master copy of the petition and order forms to all clerks of the circuit courts. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize all firearms and ammunition in the respondent’s possession, custody or control, if there is probable cause to believe respondent has firearms or ammunition and if the court has reason to believe that such firearms or ammunition have not been relinquished by the respondent. HB 687-FN - AS INTRODUCED . In determining whether the grounds for an extreme risk protection order exist, the court shall consider any relevant evidence, including but not limited to any of the following: (a)  An act or threat of violence within the past 24 months by the respondent against himself or herself or others, whether or not such violence or threat of violence involves a firearm. People whose firearms were unduly repossessed had to go to court to regain possession of their property. (b)  The law enforcement agency conducts a background check to determine that the lawful owner is not prohibited under state or federal law from possessing the firearm or ammunition. II. VIII. VI. (e)  The address of the court in which any responsive pleading should be filed. The affidavit shall contain specific factual allegations regarding the factors that give rise to petitioner’s belief that respondent poses a significant risk of causing bodily injury to himself or herself or others by having a firearm or any ammunition in his or her custody or control or by purchasing, possessing, or receiving a firearm or any ammunition. II. Such hearing shall be held no less than 3 business days and no more than 5 business days after the request is received by the clerk. New Hampshire's Republican Gov. (d)  The extreme risk protection order form shall include, in a conspicuous location, notice of criminal penalties resulting from violation of the order, and the following statement:  "You have the sole responsibility to avoid or refrain from violating this order's provisions. Any comparable extreme risk protection order issued by any other state, tribal, or territorial court, including an ex parte order, shall be deemed valid if the issuing court had jurisdiction over the parties and matter under the law of the state, tribe, or territory, and the person against whom the order was made was given reasonable notice and opportunity to be heard. (k)  Corroborated evidence of the abuse of controlled substances or alcohol by the respondent. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize any and all firearms and ammunition in the respondent’s possession, custody or control, if there is probable cause to believe respondent has firearms or ammunition and if the court has reason to believe that such firearms or ammunition have not been relinquished by the respondent. (f)  A description of the requirements for the surrender of all firearms and ammunition in the control, ownership, or possession of the respondent under RSA 159-E:8. (d)  The court may extend an extreme risk protection order for a period that it deems appropriate, up to and including but not exceeding 12 months, subject to an order to vacate as provided in paragraph I or to another extension order by the court. VII. The clerk of the court shall forward a copy of any order issued under this section the same day such order is issued to the department of safety, which in turn shall forward a copy to the Federal Bureau of Investigation, or its successor agency, for inclusion in the National Instant Criminal Background Check database. 19-0007. Has contract with State to provide services. Read the legislation and learn the truth about what it really does. IV. had adjudication withheld on, or pled nolo contendere to a crime that constitutes domestic violence as defined in RSA 173-B:1. A petitioner may request, and court may enter, a temporary extreme risk protection order with or without actual notice to respondent. III. LegiScan is an impartial and nonpartisan legislative tracking and reporting service utilizing GAITS and LegiScan API, http://gencourt.state.nh.us/bill_status/bill_status.aspx?lsr=7&sy=2020&sortoption=&txtsessionyear=2020&txtbillnumber=HB687, http://gencourt.state.nh.us/bill_status/billText.aspx?sy=2020&id=7&txtFormat=html, http://gencourt.state.nh.us/bill_status/billText.aspx?sy=2020&txtFormat=html&v=HA&id=7, http://gencourt.state.nh.us/bill_status/billText.aspx?sy=2020&v=SP&id=7, http://gencourt.state.nh.us/bill_status/billText.aspx?sy=2020&id=5&txtFormat=html, http://gencourt.state.nh.us/bill_status/Roll_Calls/billstatus_rcdetails.aspx?vs=4&sy=2020&lb=H&eb=HB0687&sortoption=&txtsessionyear=2020&txtbillnumber=HB687&ddlsponsors=&lsr=7, http://gencourt.state.nh.us/bill_status/Roll_Calls/billstatus_rcdetails.aspx?vs=5&sy=2020&lb=H&eb=HB0687&sortoption=&txtsessionyear=2020&txtbillnumber=HB687&ddlsponsors=&lsr=7, http://gencourt.state.nh.us/bill_status/Roll_Calls/billstatus_rcdetails.aspx?vs=92&sy=2020&lb=S&eb=HB0687&sortoption=&txtsessionyear=2020&txtbillnumber=HB687&ddlsponsors=&lsr=7, http://gencourt.state.nh.us/bill_status/Roll_Calls/billstatus_rcdetails.aspx?vs=210&sy=2020&lb=H&eb=HB0687&sortoption=&txtsessionyear=2020&txtbillnumber=HB687&ddlsponsors=&lsr=7, Veto Sustained 09/16/2020: Regular Calendar 182-156 Lacking Necessary Two-Thirds Vote, Enrolled (In recess 06/29/2020); Senate Journal 9, Enrolled 06/30/2020 House Journal 10 P. 74, Enrolled Bill Amendment # 2020-1630: Amendment Adopted Voice Vote 06/30/2020 House Journal 10 P. 71, Enrolled Bill Amendment # 2020-1630e Adopted, Voice Vote, (In recess of 06/29/2020); Senate Journal 9, Ought to Pass: Regular Calendar 14Y-10N, Motion Adopted; OT3rdg; 06/29/2020; Senate Journal 9, Committee Report: Ought to Pass, 06/29/2020; Senate Calendar 25, The following email will be monitored throughout the meeting by someone who can assist with and alert the committee to any technical issues: remotesenate@leg.state.nh.us or call (603-271-3043). III. Upon issuance of any extreme risk protection under this chapter, including a temporary ex parte extreme risk protection order, the court shall order the respondent to surrender to the local law enforcement agency all firearms and ammunition owned by the respondent or in his or her custody, control, or possession and any license to carry a loaded pistol or revolver issued to the respondent under RSA 159:6. IX. The respondent shall be responsible for informing the court of any changes of address. FY 2018 Average Cost of Incarcerating an Individual, FY 2018 Annual Marginal Cost of a General Population Inmate, FY 2018 Average Cost of Supervising an Individual on Parole/Probation, Estimated Average Daily Cost of Incarcerating an Individual. This bill could lead to situations where law-abiding Granite Staters have their property seized with no notice or opportunity to speak in their own defense. Such telephonically issued orders shall be made by a circuit court judge to a law enforcement officer and shall be valid in any jurisdiction in the state. If the court denies the petitioner’s request for a temporary extreme risk protection order, the court shall state the particular reasons for the denial. A law enforcement agency shall provide written notice, sent via the United States Postal Service to the last known address of the petitioner and to any family or household members of the respondent before the return of any firearm and ammunition surrendered or seized pursuant to this chapter. An extreme risk protection order issued under this chapter shall include all of the following: (a)  A statement of the grounds supporting the issuance of the order. Such hearing may constitute the final hearing under RSA 159-E:3, VIII. tim: new hampshire house bill 687 focuses on extreme risk protection orders, allowing a household member or … In addition to other applicable charges and penalties, a person shall be guilty of a class A misdemeanor if such person knowingly files a petition under this chapter containing false allegations, or if such person files a petition with intent to harass the respondent. In any proceeding under this chapter, the court shall not be bound by the technical rules of evidence and may admit evidence which it considers relevant and material. [ X ] State              [ X ] County               [    ] Local              [    ] None, [ X ] General            [    ] Education            [    ] Highway. House Bill 687, sponsored by Representative Debra Altschiller (D-Rockingham 19), would have allowed ex parte orders to suspend Second Amendment rights without adequate due process. An extreme risk protection order issued under this section shall prohibit the respondent from purchasing, possessing, or receiving any firearms and ammunition for the duration of the order and shall further direct the respondent to relinquish to a law enforcement officer all firearms and ammunition in the control, ownership, or possession of the respondent or any other person on behalf of the respondent, and any license to carry a loaded pistol or revolver issued to the respondent under RSA 159:6 for the duration of the order. III. You may seek the advice of an attorney as to any matter connected with this order.". (e)  The court shall also provide notice of the extension of the order as required in RSA 159-E:7, V. 159-E:11  Violation of Extreme Risk Protection Order; Penalties. HOUSE BILL 687-FN . (d) Whether a mental health evaluation or chemical dependency evaluation of the respondent is required and, if so, when the results of said evaluation must be provided to the court. VII. The hearing shall occur no sooner than 14 days and no later than 30 days after the date of service of the request upon the petitioner. Relative to extreme risk protection orders. II. The New Hampshire bill now goes to the Senate, which, like the House, is controlled by Democrats. On October 30 th, the New Hampshire state House Criminal Justice and Public Safety Committee will hold the final executive session on the carry-over House Bill 687, which would allow Second Amendment rights to be suspended and firearms seized without due … I. The instructions shall provide pictures of types of firearms that the petitioner may choose from to identify the relevant firearms, or an equivalent means to allow petitioners to identify firearms without requiring specific or technical knowledge regarding the firearms. (a)  Upon receipt of the motion to extend, the court shall order that a hearing be held no later than 14 days after the date the order is issued and shall schedule such hearing. This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. (c)  The informational brochure shall describe the use of and the process for obtaining, modifying, and terminating an extreme risk protection order under this chapter, and provide relevant forms. 19; Rep. Fenton, Ches. If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount. New Chapter; Extreme Risk Protection Orders. The respondent shall be personally served with notice of the motion to extend as provided in RSA 159-E:7. A law enforcement officer may, pursuant to RSA 159-E:4 and 159-E:5, seek a search warrant from a court of competent jurisdiction to search for and seize any and all firearms and ammunition owned by the respondent or in his or her possession, custody or control if the officer has probable cause to believe that said firearms or ammunition have not been surrendered. (c)  The total number of extreme risk protection orders issued and the total number denied during the previous year. >> it is a public safety issue. IV. Use our new PolitiCorps to join with friends and collegaues to monitor & discuss bills through the process.Monitor Legislation or view this same bill number from multiple sessions or take advantage of our national legislative search. The administrative office of the courts shall develop instructions and informational brochures, standard petition forms, and extreme risk protection order forms. II. III. Notice shall be received by the petitioner at least 30 days before the date the order is set to expire. I. The fee shall not exceed the actual cost incurred by the law enforcement agency for the storage of the firearms and ammunition. If a person other than the respondent claims title to any firearms or ammunition surrendered or seized pursuant to this section and he or she is determined by the law enforcement agency to be the lawful owner of the firearm or ammunition, the firearm or ammunition shall be returned to him or her, if: (a)  The lawful owner agrees to store the firearm or ammunition in a manner such that the respondent does not have access to or control of the firearm or ammunition; and. On June 24th, the New Hampshire Senate Judiciary Committee will hold a public hearing on House Bill 687 which would take away the constitutional rights of individuals without due process. I. A law enforcement officer shall serve process under this section. They are also pushing a new version of “elder care” gun confiscation, HB 1660, which is similar to HB 696 which was vetoed last year. The court may cancel the hearing upon a satisfactory showing that the respondent is in compliance with the surrender order. (d)  The law enforcement agency holding any firearm or ammunition or license to carry a loaded pistol or revolver that has been surrendered or seized pursuant to this section shall be notified of the court order to vacate the extreme risk protection order. Notice of the request shall be served on the petitioner as provided in RSA 159-E:7. [Veto Sustained 09/16/2020: Regular Calendar 182-156 Lacking Necessary Two-Thirds Vote] 159-E:3  Commencement of Proceedings; Hearing. A person, including an officer of the court, who offers evidence or recommendations relating to a petition filed under this chapter either shall present the evidence or recommendations in to the court in a sworn written affidavit, with copies to each party and his or her attorney, if one is retained, or shall present the evidence under oath at a hearing at which all parties are present. If the court finds that the respondent is not subject to any state or federal law or court order prohibiting the ownership or possession of firearms, and, if applicable, the court denies the petitioner’s request to extend the extreme risk protection order, the court shall issue a written order directing the law enforcement agency to return the requested firearms and ammunition to the respondent. I. IV. III. A copy of any order made under this chapter shall be promptly transmitted to the local law enforcement agency having jurisdiction to enforce such order and, if such person has been issued a license to carry a loaded pistol or revolver under RSA 159:6, notice shall also be promptly made to the issuing authority of the license. Amend RSA by inserting after chapter 159-D the following new chapter: Effective Date. To submit your testimony to the committee, please send all documents via email to remotesenate@leg.state.nh.us Senate Calendar 24, 1. (i)  The recurring use of, or threat to use, physical force by the respondent against another person or the respondent stalking another person. II. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. (a)  Upon receipt of the request for a hearing to vacate an extreme risk protection order, the court shall set a date for a hearing. (f)  Whether the respondent, in this state or any other state, has been convicted of. (e)  The court staff handbook shall allow for the addition of a community resource list by the court clerk. By GARRY RAYNO, InDepthNH.org. The court shall provide the respondent with a form to request a hearing to vacate. If a respondent does not file a motion seeking the return of firearms and ammunition within one year after an extreme risk protection order is vacated or expires and is not renewed, any firearms and ammunition surrendered by or seized from the respondent under this chapter shall be deemed abandoned and may be disposed of in accordance with the law enforcement agency’s policies and procedures for the disposal of firearms in police custody. IV. “Firearm” means any weapon, including a starter gun, which will, is designed to, or may be readily converted to expel a projectile by the action of an explosive. A person who completes and signs an application for purchase of a firearm and who knows that such purchase is illegal because he or she is subject to an extreme risk protection order shall be guilty of a class A misdemeanor for a first offense and a class B felony for a second or subsequent offense. However, if, after notice and hearing, the motion for extension is uncontested and no modification of the order is sought, the order may be extended on the basis of a motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested extension. The court shall notify the petitioner of the impending expiration of an extreme risk protection order. I. 8; Rep. Knirk, Carr. 159-E:6  Contents of Extreme Risk Protection Orders. This act shall not apply in cases of domestic abuse or stalking where the petitioner is eligible to petition for relief under RSA 173-B or RSA 633:3-a. Be it Enacted by the Senate and House of Representatives in General Court convened: 1  Statement of Purpose. Amend RSA by inserting after chapter 159-D the following new chapter: I. Any person who files a petition under this chapter containing allegations the petitioner knows to be false, or who files a petition with intent to harass the respondent, shall be subject to criminal penalties, as set forth in RSA 159-E:11. 159-E:9  Return and Disposal of Firearms and Ammunition. These registries to this hearing on YouTube, use this link: https //www.youtube.com/channel/UCjBZdtrjRnQdmg-2MPMiWrA. Constitutes domestic violence protection order forms this meeting remotely starting at 9:10 AM, to OPPOSE 687... Testimony to the matter before the date noted above take effect January 1, 2020 a false on. Would weaken the constitutional rights of law-abiding New Hampshire are trying to push Red Flag ’ bill community! Illness or recurring mental health condition local and county prosecutors increase by an indeterminable amount shall expire the! More appeals, then costs may increase by an indeterminable amount is set to expire goes too and. 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