House Bill No. [insert number] seeks to revise Montana's protection order laws by introducing a new procedure for obtaining "extreme risk orders of protection" and "ex parte extreme risk orders of protection." The bill defines essential terms such as "crime of domestic violence," "extreme risk order of protection," "family member," and "partner." It empowers law enforcement officers and family members to petition for these orders when there is a belief that an individual poses a significant risk of causing personal injury to themselves or others through firearm possession. The legislation mandates the surrender of firearms from individuals subject to these orders and outlines the processes for filing petitions, conducting hearings, and serving orders.
Furthermore, the bill includes provisions for the termination and renewal of extreme risk orders, allowing respondents to request annual hearings for termination. It requires courts to notify petitioners of impending expirations and permits the renewal of orders based on ongoing risk. The legislation emphasizes timely hearings and the provision of resources for petitioners, ensuring that no fees are charged for filing or service related to these petitions. Additionally, it establishes reporting requirements for clerks of court, mandates the development of instructional materials for petitioners, and includes penalties for providing false information or violating order terms. Overall, the bill aims to enhance public safety by providing a structured approach to managing individuals deemed at risk of violence, particularly concerning firearm possession.