This bill enacts the Crisis Intervention Order Act. Under the Act, a petition for a crisis intervention order, which restrains the purchase, possession or control of a firearm, may be sought if a person is suspected of posing a significant danger of causing severe harm to the person or to another person. A significant danger of causing severe harm to the person or another person is demonstrated by establishing that the person has: inflicted or attempted to inflict bodily harm on another person; placed another person in reasonable fear of physical harm; by action or inaction, presented a danger to persons in the person's care; or threatened or attempted suicide or serious bodily harm. The petition may be filed by a family or household member of the person or by a law enforcement agency or a law enforcement officer and must be accompanied by an affidavit stating the facts to support the allegations, any firearms believed to be in the person's possession and whether the person is already the subject of a protection from harassment or protection from abuse order. Upon receipt of the petition and affidavit, the District Court is required to schedule a hearing, which must be held within 14 days of the filing of the petition, and provide notice of the hearing to the person who is the subject of the requested crisis intervention order. Following the hearing, if the court finds by a preponderance of the evidence that the person poses a significant risk of causing severe harm to the person or to another person, the court must issue an order prohibiting, for up to one year, the person from purchasing, possessing or receiving a firearm, attempting to purchase, possess or receive a firearm or having custody or control of a firearm. The bill also allows a court to issue an emergency crisis intervention order by telephone or other reliable electronic means without notice to the person who is the subject of the requested order. A hearing must be scheduled no later than 14 days after the order is issued. A crisis intervention order may be terminated upon the request of the person who is the subject of the order if that person shows, by a preponderance of the evidence, that the person no longer poses a significant danger of causing severe harm to the person or another
44 person, but only one request to terminate the order per term of the order may be filed. A
45 crisis intervention order may be renewed for an additional period up to one year. A person who is the subject of a crisis intervention order immediately must surrender all the firearms in that person's possession, custody or control to a law enforcement agency or a federally licensed firearm dealer, manufacturer or importer.