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Engrossed House Bill (S)

Authored by

Sponsored by

DIGEST

Judicial evaluation of dangerous individuals. Requires the office of judicial administration to collect, monitor, and publish certain statistics related to the confiscation and retention of firearms taken from dangerous individuals. Requires a court to wait until after the conclusion of certain hearings before providing findings related to a person's dangerousness to the office of judicial administration. Provides that a dangerous person is not a proper person for the purpose of: (1) applying for; or (2) receiving; a license to carry a handgun. Provides that a dangerous person who knowingly or intentionally: (1) rents; (2) purchases; (3) receives transfer of; (4) Judicial evaluation of dangerous individuals. Requires the office of judicial administration to collect, monitor, and publish certain statistics related to the confiscation and retention of firearms taken from dangerous individuals. Requires a court to wait until after the conclusion of certain hearings before providing findings related to a person's dangerousness to the office of judicial administration. Provides that a dangerous person is not a proper person for the purpose of: (1) applying for; or (2) receiving; a license to carry a handgun. Provides that a dangerous person who knowingly or intentionally: (1) rents; (2) purchases; (3) receives transfer of; (4) owns; or (5) possesses; a firearm commits dangerous possession of a firearm, a Class A misdemeanor. Provides that a person who knowingly or intentionally: (1) rents; (2) transfers; (3) sells; or (4) offers for sale; a firearm to a person that a court has found to be dangerous or prohibited from owning or possessing a firearm commits dangerous transfer of a firearm, a Level 5 felony. Requires a law enforcement officer (officer) who seizes a firearm from a person believed to be dangerous without a warrant to provide an affidavit to a court with jurisdiction over the person at issue: (1) not later than 48 hours after the seizure or attempted seizure of the firearm; and (2) for each seizure or attempted seizure of a firearm from the person. Requires a court to review the affidavit of an officer as soon as possible. Requires a court to order the retention of a seized firearm by a law enforcement agency if the court: (1) finds; or (2) has previously found; the person to be dangerous. Requires a court to determine if a person is dangerous by conducting a hearing after: (1) the receipt of an officer's affidavit; or (2) authorizing a search warrant mandating the seizure of a firearm from a person believed to be dangerous. Provides that at a hearing to determine if an individual is dangerous, the court shall also determine whether a separate, concurrent hearing should be held to consider whether the individual may be involuntarily detained or committed. Requires a court to issue a written court order prohibiting a person from: (1) renting; (2) buying; (3) receiving transfer of; (4) owning; or (5) possessing a firearm; after finding a person to be dangerous. Requires a court to provide certain information to the office of judicial administration after issuing a finding concerning a person's dangerousness. Requires a court to issue a written order finding that a person is: (1) not dangerous; or (2) no longer dangerous; in certain instances. Provides that if a court finds that an individual is not dangerous or no longer dangerous, the court shall order the law enforcement agency having custody of the firearm confiscated, recovered, or seized from the individual to return the firearm to the individual as quickly as practicable, but not later than five days after the court's order. Provides that a dangerous person may petition a court for a court order vacating the person's designation as a dangerous individual 180 days after being found dangerous by a circuit or superior court. Specifies the process that a dangerous individual must follow when petitioning a court for the dissolution of a dangerous person designation. Allows the rightful owner of a firearm to petition a court for an order mandating the: (1) disposal; (2) sale; or (3) transfer; of a seized or retained firearm. Defines "responsible third party". Provides that the authorized disposal or authorized sale of a firearm retained by a law enforcement agency does not: (1) alter or terminate a person's designation as a dangerous individual; or (2) constitute prima facie evidence that a person is not dangerous. Defines certain terms. Makes conforming amendments. ... View more