This bill seeks to amend 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." It defines essential terms such as "crime of domestic violence," "extreme risk order of protection," "family member," and "partner." The legislation allows 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 due to firearm possession. The bill outlines the petition process, which includes detailing the respondent's potential risk and identifying any firearms they possess. Upon issuance of these orders, firearms must be surrendered, and the bill specifies procedures for hearings, service of orders, and the potential for termination or renewal.
Furthermore, the bill mandates the development of educational materials and requires annual reports on the implementation of these orders. It ensures that no fees will be charged to petitioners and emphasizes timely hearings and the rights of respondents to request termination of the orders. Law enforcement is tasked with the immediate surrender of firearms from respondents, with policies for acceptance, storage, and return of these firearms to be developed by October 1, 2025. The bill also includes provisions for reporting requirements, penalties for false petitions, and the necessity for courts to enter orders into a statewide judicial information system. Overall, the legislation aims to improve public safety by effectively monitoring and restricting individuals who may pose a danger due to firearm access while respecting the rights of respondents.