LB482 LB482
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 482
Introduced by Raybould, 28.
Read first time January 17, 2023
Committee: Judiciary
1 A BILL FOR AN ACT relating to firearms; to amend sections 69-2406,
2 69-2407, and 69-2439, Reissue Revised Statutes of Nebraska, and
3 section 25-2740, Revised Statutes Cumulative Supplement, 2022; to
4 adopt the Suicide Risk Protection Order Act; to harmonize
5 provisions; and to repeal the original sections.
6 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Sections 1 to 17 of this act shall be known and may be
2 cited as the Suicide Risk Protection Order Act.
3 Sec. 2. For purposes of the Suicide Risk Protection Order Act:
4 (1) Ex parte suicide risk protection order means a temporary
5 protection order issued on an ex parte basis under section 5 of this act;
6 (2) Family or household member includes spouses or former spouses,
7 children, persons who are presently residing together or who have resided
8 together in the past, persons who have a child in common whether or not
9 they have been married or have lived together at any time, other persons
10 related by consanguinity or affinity, and persons who are presently
11 involved in a dating relationship with each other or who have been
12 involved in a dating relationship with each other. For purposes of this
13 subdivision, dating relationship means frequent, intimate associations
14 primarily characterized by the expectation of affectional or sexual
15 involvement, but does not include a casual relationship or an ordinary
16 association between persons in a business or social context;
17 (3) Final suicide risk protection order means an order issued under
18 section 4 of this act or an ex parte suicide risk protection order that
19 is deemed final under section 5 of this act and includes renewals of such
20 orders;
21 (4) Firearm has the same meaning as in section 28-1201;
22 (5) Firearm permit means a permit to carry a concealed handgun
23 issued under the Concealed Handgun Permit Act, a certificate issued under
24 section 69-2404, or any other permit, certificate, or written
25 authorization under the laws of this state or another jurisdiction that
26 authorizes the purchase, receipt, possession, or concealment of a
27 firearm;
28 (6) Law enforcement agency means the police department or town
29 marshal in incorporated municipalities, the office of the sheriff in
30 unincorporated areas, and the Nebraska State Patrol;
31 (7) Law enforcement officer means any officer or employee of a law
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1 enforcement agency authorized by law to make arrests;
2 (8) Petitioner means the person who petitions for a suicide risk
3 protection order; and
4 (9) Respondent means the person who is identified as the respondent
5 in a petition filed under the act.
6 Sec. 3. (1) Beginning January 1, 2024, a law enforcement agency or
7 law enforcement officer may file a petition for a suicide risk protection
8 order.
9 (2) A petition for a suicide risk protection order shall be filed
10 with the clerk of the district court of the county where the respondent
11 resides, and the proceeding may be heard by the county court or the
12 district court as provided in section 25-2740. A petition may not be
13 withdrawn except upon order of the court.
14 (3) A petition for a suicide risk protection order shall:
15 (a) Allege that the respondent poses a significant risk of causing
16 personal injury to self or others by having in the respondent's custody
17 or control, purchasing, possessing, or receiving a firearm;
18 (b) Be accompanied by an affidavit made under oath stating the
19 specific statements, actions, or facts that give rise to a reasonable
20 fear of future dangerous acts by the respondent;
21 (c) Identify the number, types, and locations of any firearms the
22 petitioner believes to be in the respondent's current ownership,
23 possession, custody, or control;
24 (d) If known by the petitioner, identify any existing harassment
25 protection order, sexual assault protection order, domestic violence
26 protection order, or other similar protection order governing the
27 respondent, whether from this state or another jurisdiction;
28 (e) Identify any relevant pending lawsuit, complaint, petition, or
29 other action against the respondent under the laws of Nebraska or any
30 other jurisdiction; and
31 (f) In the case of a petition filed by a law enforcement agency,
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1 state the agency's address of record, and in the case of a petition filed
2 by a law enforcement officer, state the address of the law enforcement
3 agency employing such officer.
4 (4) The court shall verify the terms of any existing Nebraska court
5 order governing the respondent and, if reasonably practicable, the terms
6 of any such existing court order from another jurisdiction. The court
7 shall not delay granting relief in order to verify the terms of an
8 existing order.
9 (5) The petitioner shall make a good faith effort to provide notice
10 to any known family or household member of the respondent who may be at
11 risk of violence and to any known third party who may be at risk of
12 violence. If such family or household member or third party is a minor,
13 notice to such minor's parent or guardian, other than the respondent,
14 shall be sufficient. The notice shall state that the petitioner intends
15 to petition the court for a suicide risk protection order or has already
16 done so, and include referrals to appropriate resources, including mental
17 health, domestic violence, and counseling resources. The petitioner shall
18 attest in the petition to having provided such notice or attest to the
19 steps that will be taken to provide such notice.
20 (6) No fees for filing or service of process shall be charged by a
21 court or any public agency to petitioners seeking relief under the
22 Suicide Risk Protection Order Act, except that a court may assess such
23 fees and costs if the court finds, by clear and convincing evidence, that
24 the statements contained in the petition were false and that the suicide
25 risk protection order was sought in bad faith.
26 (7) Petitioners shall be provided the necessary number of certified
27 copies, forms, and instructional brochures free of charge.
28 (8) A petitioner shall not be required to post a bond to obtain
29 relief in any proceeding under the Suicide Risk Protection Order Act.
30 Sec. 4. (1) If a suicide risk protection order is not issued ex
31 parte under section 5 of this act, upon receipt of the petition, the
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1 court shall immediately schedule an evidentiary hearing to be held within
2 fourteen days after the filing of the petition, and the court shall cause
3 notice of the hearing to be given to the petitioner and the respondent.
4 The clerk of the district court shall cause a copy of the notice of
5 hearing and petition to be forwarded on or before the next judicial day
6 to the appropriate law enforcement agency for service upon the
7 respondent. Service issued under this section takes precedence over the
8 service of other documents, unless the other documents are of a similar
9 emergency nature.
10 (2) Subject to court rules, a hearing under the Suicide Risk
11 Protection Order Act, including an evidentiary hearing, may be held
12 telephonically or by videoconferencing or similar means at any location
13 within the judicial district as ordered by the court and in a manner that
14 ensures the preservation of an accurate record, when doing so is
15 necessary to reasonably accommodate a disability or in exceptional
16 circumstances to protect a petitioner or witness from potential harm. The
17 court shall require assurances of the identity of the petitioner and any
18 witness before conducting a hearing in such manner.
19 (3) Upon hearing the matter, if the court finds by a preponderance
20 of the evidence that the respondent poses a significant risk of causing
21 personal injury to self or others by having in the respondent's custody
22 or control, purchasing, possessing, or receiving a firearm, the court
23 shall issue a suicide risk protection order that shall be effective for
24 one year.
25 (4) In determining whether grounds for issuing a suicide risk
26 protection order exist, the court may consider any relevant evidence,
27 including, but not limited to:
28 (a) A recent act or threat of violence by the respondent against
29 self or others, whether or not such violence or threat of violence
30 involves a firearm;
31 (b) A pattern of acts or threats of violence by the respondent,
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1 including, but not limited to, acts or threats of violence by the
2 respondent against self or others;
3 (c) Evidence of the respondent being seriously mentally ill or
4 having recurring mental health issues;
5 (d) A violation by the respondent of a harassment protection order,
6 sexual assault protection order, domestic violence protection order, or
7 other similar protection order, whether from this state or another
8 jurisdiction;
9 (e) The existence of any previous or current suicide risk protection
10 order issued against the respondent, whether from this state or another
11 jurisdiction, and whether the respondent has violated such order;
12 (f) Whether the respondent has been civilly committed under the
13 Nebraska Mental Health Commitment Act, the Sex Offender Commitment Act,
14 section 29-1823, sections 29-3701 to 29-3704, or under any other similar
15 law of this state or another jurisdiction;
16 (g) Whether the respondent, in this state or any other jurisdiction,
17 has been convicted of, had adjudication withheld or deferred on, or pled
18 nolo contendere to a crime in which any victim was a family or household
19 member of the respondent;
20 (h) The respondent's ownership of, access to, or intent to possess
21 firearms;
22 (i) The unlawful or reckless use, display, or brandishing of a
23 firearm by the respondent;
24 (j) The history of use, attempted use, or threatened use of physical
25 force by the respondent against another person;
26 (k) Any history of stalking by the respondent;
27 (l) Whether the respondent, in this state or any other jurisdiction,
28 has been arrested for, convicted of, had adjudication withheld or
29 deferred on, or pled nolo contendere to a crime involving violence or a
30 threat of violence;
31 (m) Corroborated evidence of the abuse of controlled or intoxicating
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1 substances or alcohol by the respondent;
2 (n) Evidence of recent acquisition of firearms by the respondent;
3 (o) Evidence of the respondent's oral or written statement of hatred
4 for or animus toward any person or group, including because of the actual
5 or perceived race, color, religion, ancestry, national origin, gender,
6 gender expression, gender identity, sexual orientation, age, disability,
7 citizenship status, military status, or political affiliation of any
8 person or group or because of a person's or group's association with a
9 person or group of any such classification or status; and
10 (p) Evidence that the respondent has previously acted or may act in
11 a threatening manner towards a peace officer or other public safety
12 officer with the intent to provoke a lethal response by such officer.
13 (5) The court may:
14 (a) Examine under oath the petitioner, the respondent, and any
15 witnesses they may produce, or, in lieu of examination, consider sworn
16 affidavits of the petitioner, the respondent, and any witnesses they may
17 produce;
18 (b) Conduct a search for criminal history record information related
19 to the respondent, including sealed records; and
20 (c) Request that a criminal justice agency as defined in section
21 29-3509 conduct a search of criminal history record information related
22 to the respondent, including sealed records. In such case the court shall
23 identify the type of records to be searched.
24 (6) In a hearing under the Suicide Risk Protection Order Act, the
25 rules of evidence apply to the same extent as in proceedings for a
26 domestic protection order under the Protection from Domestic Abuse Act.
27 (7) During the hearing, the court shall consider whether a mental
28 health evaluation or substance or alcohol dependency evaluation of the
29 respondent is appropriate and, if appropriate, may order such evaluation.
30 (8) If the court issues a suicide risk protection order, such order
31 shall include:
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1 (a) A statement of the grounds supporting the issuance of the order;
2 (b) The date and time the order was issued;
3 (c) The date and time the order expires;
4 (d) Whether a mental health evaluation or substance or alcohol
5 dependency evaluation of the respondent is required;
6 (e) The address of the court in which any responsive pleading should
7 be filed;
8 (f) A description of the requirements for relinquishment of firearms
9 under section 9 of this act; and
10 (g) A statement in substantially the following form: "To (name of
11 respondent): This order will continue in effect until (date and time of
12 expiration of order). If you have not done so already, you must
13 immediately surrender to the (name of local law enforcement agency) all
14 firearms in your custody, control, or possession, any permit to carry a
15 concealed handgun issued to you under the Concealed Handgun Permit Act,
16 any certificate issued to you under section 69-2404, and any other
17 permit, certificate, or written authorization under the law of this state
18 or another jurisdiction that authorizes the purchase, receipt,
19 possession, or concealment of a firearm. While this order is in effect
20 you shall not have a firearm in your custody or control or purchase,
21 possess, receive, or attempt to purchase, possess, or receive a firearm.
22 You have the sole responsibility to avoid or refrain from violating this
23 order. Only the court can terminate this order and only upon written
24 request. You have the right to request a hearing to terminate this order
25 once during every twelve-month period that this order is in effect,
26 starting from the date of this order and continuing through any renewals.
27 You may seek the advice of an attorney as to any matter connected with
28 this order."
29 (9) When the court issues a suicide risk protection order following
30 a hearing under this section, the court shall inform the respondent that
31 the respondent is entitled to request termination of the order in the
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