Senate Bill 0493
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DIGEST OF SB493 (Updated February 23, 2009 8:29 pm - DI 84)
Handgun license revocation procedures. Establishes a two-track procedure for the revocation or suspension of handgun licenses. Provides that, under the revocation track, the superintendent of the state police department may immediately suspend or revoke a person's handgun license based on: (1) the commission of certain crimes; (2) the fact that the person's license is already suspended; or (3) the person's age if the person is underage; if the superintendent has documented evidence demonstrating these facts by clear and convincing evidence. Authorizes a de novo review of the superintendent's determination, and provides that the superintendent has the burden of establishing the person's ineligibility by clear and convincing evidence. Specifies that if a person is charged with a felony, the person may petition the court to order the superintendent to reinstate the person's license if the person has been acquitted of all charges that would prohibit the person from possessing a license. Provides that the prosecuting attorney bears the burden of proving the person's ineligibility by clear and convincing evidence. Provides that, under the suspension track, the superintendent may conditionally suspend the handgun license of certain persons for a 90 day period (or longer if the person requests a continuance) if: (1) the superintendent has documented evidence demonstrating by clear and convincing evidence that the person has a propensity for violent or emotionally unstable conduct; or (2) the superintendent has clear and convincing evidence that the person's license should be suspended. Requires that the evidence relied upon by the superintendent be based written medical evidence. Provides that a person whose license has been suspended may seek de novo review of the superintendent's suspension by filing a petition and an waiver of medical privacy concerning matters that bear on the person's eligibility to possess a license. Requires the prosecuting attorney to establish the person's ineligibility to possess a license by clear and convincing evidence. Provides that a person who knowingly or intentionally fails to return a license promptly after written notice of suspension or revocation commits a Class A misdemeanor. Makes other changes and conforming amendments. Repeals a superseded provision.
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