House Bill No. [insert bill 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 allows family members, partners, or law enforcement officers to petition for these orders if there is a belief that the respondent poses a significant risk of causing personal injury to themselves or others through firearm possession. The legislation mandates the surrender of firearms and the revocation of concealed weapons permits for respondents, while also detailing the hearing process, including timelines and evidence requirements.
Furthermore, the bill outlines the procedures for the termination and renewal of extreme risk orders, allowing respondents to request annual hearings for termination. Courts are required to notify petitioners of impending expirations and can renew orders based on ongoing risk assessments. The legislation emphasizes timely service of orders and mandates the development of educational materials to inform the public about the new procedures. It also establishes reporting requirements for courts and law enforcement regarding the issuance and status of these orders, includes penalties for false information or illegal firearm possession, and aims to enhance public safety by regulating firearm access in high-risk situations while ensuring due process for respondents.