An Act to authorize the issuance of extreme risk protection orders.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to title 27A:

A person may petition the circuit court of the county in which the respondent resides for an extreme risk protection order, provided the person petitioning for the order is a law enforcement officer in this state or the spouse, intimate partner, parent, or adult child of a respondent. The petition must:

(1) Allege there is reasonable cause to believe that the respondent will cause injury or death to the respondent or others, by having access to a firearm, as defined in   22-1-2, and compatible ammunition;

(2) Include a description of:

(a) Acts or threats of violence by the respondent;

(b) The respondent's mental health history;

(c) The respondent's criminal history; and

(d) Any domestic violence incidents or stalking allegations involving the respondent;

(3) Identify the type, number, and location of all firearms that are believed to be in the possession, custody, or control of the respondent;

(4) Identify the type, quantity, and location of all ammunition that is:

(a) Believed to be in the possession, custody, or control of the respondent; and

(b) Compatible with the firearms identified in this section;

(5) Indicate whether there is any pending legal action involving the respondent; and

(6) Indicate whether the respondent is the subject of a domestic abuse protection order issued by a court within or outside of this state.

Section 2. That a NEW SECTION be added to title 27A:

Any person who petitions the court for an extreme risk protection order shall make a good faith effort to notify each adult member of the respondent's family and household, and any known third party who may be at risk of violence by the respondent, that a petition has been filed. If the petitioner is a law enforcement officer, a notice under this section must include referrals to appropriate resources, including mental health, domestic violence, and counseling resources.

Section 3. That a NEW SECTION be added to title 27A:

Upon receiving a petition for the issuance of an extreme risk protection order, a court shall schedule a hearing, to be held no later than ten days after the date on which the petition is received, and shall forward a copy of the notice of hearing to the appropriate law enforcement agency for service upon the respondent. If the court determines that there is reasonable cause to believe that the risk of imminent injury or death is significantly increased because the respondent has possession, control, or access to firearms and compatible ammunition, the court must expedite the hearing.

Section 4. That a NEW SECTION be added to title 27A:

At the hearing, the court shall consider:

(1) Whether the respondent has engaged in or threatened an act of violence or self-

harm, and whether the act or threatened act involved a firearm or other dangerous

weapon, as defined in   22-1-2;

(2) The respondent's mental health history;

(3) Any prior issuance of a protection order;

(4) Whether the respondent has violated a protection order;

(5) Whether the respondent has been convicted of or pled nolo contendere to any crime that involved violence;

(6) Whether the respondent uses alcohol or controlled substances;

(7) Whether the respondent recently acquired a firearm or ammunition; and

(8) Any other relevant information from family members, household members, or acquaintances.

If, at the conclusion of the hearing, the court determines there is a significant risk that the respondent is likely to cause injury or death to the respondent or others, by having a firearm and compatible ammunition in the respondent's possession, custody, or control, the court shall must issue an extreme risk protection order for a specified period, not in excess of twelve months, and shall must order the respondent to undergo a mental health evaluation.

Any person who, while under oath, makes a statement that the person does not believe is true, regarding any material matter, is guilty of a Class 1 misdemeanor.

Section 5. That a NEW SECTION be added to title 27A:

An extreme risk protection order issued under section 4 of this Act must contain:

(1) A statement of the grounds supporting the issuance of the order;

(2) The date and time the order was issued;

(3) The date and time the order terminates;

(4) The directions for obtaining a mental health evaluation; and

(5) A directive that the respondent:

(a) Surrender to the court all firearms and compatible ammunition in the respondent's possession, custody, or control; and

(b) Not possess, receive, purchase, or attempt to purchase any firearm or ammunition during the period that the order is in effect.

A law enforcement officer may request a warrant to conduct a search for firearms and compatible ammunition owned by the respondent, if the officer has probable cause to believe that such firearms and ammunition are in the respondent's possession, custody, or control and have not been surrendered.

If the court denies the petitioner’s request for an extreme risk protection order, the court shall state the reasons for the denial.

Section 6. That a NEW SECTION be added to title 27A:

A petitioner may, without notice to the respondent, request that the court issue a temporary ex parte risk protection order, before a risk protection order hearing, by including in the petition detailed allegations, based on personal knowledge, that the respondent poses a significant danger of causing injury to the respondent, or others, in the near future, by purchasing, possessing, or receiving, a firearm or ammunition.

In considering whether to iss