This bill creates an action known as a petition for an extreme risk protection order. "Extreme risk protection order" means a temporary ex parte order or a final order granted pursuant to this bill. A petition for an extreme risk protection order may be filed by a petitioner and must be filed in the county where the petitioner resides or the petitioner's law enforcement office is located, as applicable, or the county where the respondent resides. "Petitioner" means a law enforcement officer or a law enforcement agency or a person who is related to the respondent by blood, marriage, or adoption. PETITION This bill provides that a petition must (i) allege that the respondent poses a significant danger of causing personal injury to the respondent's self or others by having a firearm or any ammunition in the respondent's custody or control or by purchasing, possessing, or receiving a firearm or any ammunition, and must be accompanied by an affidavit made under oath stating the specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the respondent, (ii) identify the quantities, types, and locations of all firearms and ammunition the petitioner believes to be in the respondent's current ownership, possession, custody, or control, (iii) identify whether there is a known existing protection order governing the respondent under the provisions of domestic abuse or any other applicable statute, and (iv) include a physical description of the respondent and the respondent's last known location. This bill provides that the petitioner must make a good faith effort to provide notice to a family or household member of the respondent and to any known third party who may be at risk of violence. The notice must state that the petitioner intends to petition the court for an extreme risk protection order or has already done so and, if the petitioner is a law enforcement officer or a law enforcement agency, must include referrals to appropriate resources, including mental health, domestic violence, and counseling resources. The petitioner must attest in the petition to having provided such notice or must attest to the steps that will be taken to provide such notice. This bill provides that a petition for an extreme risk protection order does not require either party to be represented by an attorney and attorney fees must not be awarded in any proceeding under this bill. This bill provides that if the petitioner is a law enforcement officer or a law enforcement agency, then the petitioner must list the address of record on the petition as being where the appropriate law enforcement agency is located. Fees This bill provides that a court or a public agency must not charge fees for filing or for service of process to a petitioner seeking relief under this heading and must provide the necessary number of certified copies, forms, and instructional brochures free of charge. Additionally, this bill provides that a person is not required to post a bond to obtain relief in a proceeding under this bill. Circuit court This bill provides that the circuit courts of this state have jurisdiction over proceedings under this bill. Upon receipt of a petition, the court must order a hearing to be held no later than 14 days after the date the petition is filed and must issue a notice of hearing to the respondent. The clerk of court must cause a copy of the notice of hearing and petition to be forwarded on or before the next business day to the appropriate law enforcement agency for service upon the respondent. Upon notice and a hearing on the matter, if the court finds by clear and convincing evidence that the respondent poses a significant danger of causing personal injury to the respondent or others by having in the respondent's custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition, then the court must issue an extreme risk protection order for an appropriate period of up to 12 months. This bill provides that in determining whether grounds for an extreme risk protection order exist, the court may consider any relevant evidence, including, but not limited to (i) a recent act or threat of violence by the respondent against the respondent's self or others, whether or not the violence or threat of violence involves a firearm, (ii) an act or threat of violence by the respondent within the past 12 months, including, but not limited to, acts or threats of violence by the respondent against the respondent's self or others, (iii) evidence of the respondent being seriously mentally ill or having recurring mental health issues, or (iv) a previous or existing extreme risk protection order issued against the respondent. During the hearing, the court must consider whether a mental health evaluation or substance abuse assessment is appropriate and may order such evaluations if appropriate. Relevant evidence This bill provides that a person, including an officer of the court, who offers evidence or recommendations relating to the petition must present the evidence or recommendations in writing to the court with copies to each party and the party's attorney, if retained, or present the evidence under oath at a hearing at which all parties are present. EXTREME RISK PROTECTION ORDER This bill provides that an extreme risk protection order must include certain information described in the bill, including, but not limited to (i) a statement of the grounds supporting the issuance of the order, (ii) the date the order was issued, (iii) the date the order ends, and (iv) whether a mental health evaluation or substance abuse assessment of the respondent is required. This bill provides that if the court issues such order, then the court must inform the respondent that the respondent is entitled to request a hearing to vacate the order in the manner provided by this bill. The court must provide the respondent with a form to request a hearing to vacate. However, if the court denies the petitioner's request for an extreme risk protection order, then the court must issue a written order stating the particular reasons for the denial. TEMPORARY EX PARTE EXTREME RISK PROTECTION ORDER This bill provides that a petitioner may request that a temporary ex parte extreme risk protection order be issued before a hearing for an extreme risk protection order and without notice to the respondent, by including in the petition detailed allegations based on personal knowledge that the respondent poses a significant danger of causing personal injury to the respondent's self or others in the near future by having in the respondent's custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition. This bill provides that in considering whether to issue a temporary ex parte extreme risk protection order under this bill, the court must consider all relevant evidence, including the evidence described in determining whether to issue an extreme risk protection order. If a court finds there is reasonable cause to believe that the respondent poses a significant danger of causing personal injury to the respondent's self or others in the near future by having in the respondent's custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition, then the court must issue a temporary ex parte extreme risk protection order. This bill provides that a court must hold a temporary ex parte extreme risk protection order hearing in person or by telephone on the day the petition is filed or the next business day. This bill provides that an ex parte extreme risk protection order must include certain information described in the bill, including, but not limited to (i) a statement of the grounds asserted for the order, (ii) the date the order was issued, and (iii) the address of the court in which a responsive pleading may be filed. This bill provides that a temporary ex parte extreme risk protection order expires upon the hearing on the extreme risk protection order. If the court denies the petitioner's request for a temporary ex parte extreme risk protection order, then the court must issue a written order stating the particular reasons for the denial. SERVICE OF PROCESS This bill provides that the clerk of the court must furnish a copy of the notice of hearing, petition, and temporary ex parte extreme risk protection order or extreme risk protection order, as applicable, to the sheriff of the county where the respondent resides or can be found, who must serve it upon the respondent as soon as possible. When requested by the sheriff, the clerk of the court may transmit a facsimile copy of a temporary ex parte extreme risk protection order or an extreme risk protection order that has been certified by the clerk of the court, and this facsimile copy may be served in the same manner as a certified copy. Upon receiving a facsimile copy, the sheriff must verify receipt with the sender before attempting to serve it upon the respondent. The clerk of the court is responsible for furnishing to the sheriff information on the respondent's physical description and location. A temporary ex parte extreme risk protection order must be served by a law enforcement officer in the same manner as service of the notice of hearing and petition and must be served concurrently with the notice of hearing and petition. Service under this heading takes precedence over the service of other documents, unless the other documents are of a similar emergency nature. This bill provides that all orders issued, changed, continued, extended, or vacated after the original service of documents pursuant to the above paragraph must be certified by the clerk of the court and delivered to the parties at the time of the entry of the order. The parties may acknowledge receipt of such order in writing on the face of the original order. If a party fails or refuses to acknowledge the receipt of a certified copy of an order, then the clerk must note on the original order that service was effected. If delivery at the hearing is not possible, then the clerk must mail certified copies of the order to the parties at the last known address of each party. Service by mail is complete upon mailing. When an order is served pursuant to this paragraph, the clerk must prepare a written certification to be placed in the court file specifying the time, date, and method of service and must notify the sheriff. VACATE ORDER This bill provides that the respondent may submit one written request for a hearing to vacate an extreme risk protection order issued under this bill, starting after the date of the issuance of the order, and may request another hearing after every extension of the order, if any. Upon receipt of the request for a hearing to vacate an extreme risk protection order, the court must set a date for a hearing. Notice of the request and hearing must be served on the petitioner in accordance with the "service of process" heading. The hearing must occur no sooner than 14 days and no later than 30 days after the date of service of the request upon the petitioner. This bill provides that the respondent has the burden of proving by clear and convincing evidence that the respondent does not pose a significant danger of causing personal injury to the respondent or others by having in the respondent's custody or control, purchasing, possessing, or receiving a firearm or ammunition. The court may consider all relevant evidence. If the court finds after the hearing that the respondent has met the burden of proof, then the court must vacate the order. This bill provides that the clerk of the court must notify the law enforcement agency holding any firearm or ammunition or handgun carry permit that has been surrendered pursuant to this bill of the court order to vacate the extreme risk protection order. Additionally, the court must notify the petitioner of the impending end of an extreme risk protection order. Notice must be received by the petitioner at least 30 days before the date the order ends. EXTENSION OF ORDER This bill provides that the petitioner may, by motion, request an extension of an extreme risk protection order at any time within 30 days before the end of the order. Upon receipt of the motion to extend, the court must order that a hearing be held no later than 14 days after receipt of the motion and must schedule such hearing; provided, that if the motion to extend is filed within 14 days of the date the extreme risk protection order is due to expire, then the court must also order a temporary extension of the extreme risk protection order to coincide with the date of the hearing. The respondent must be personally served in the same manner provided by the "service of process" heading. In determining whether to extend an extreme risk protection order issued under this bill, the court may consider all relevant evidence. This bill provides that if the court finds by clear and convincing evidence that the requirements for issuance of an extreme risk protection order as provided in this bill continue to be met, then the court must extend the order. However, if, after notice to the respondent, the motion for extension is uncontested and no modification of the order is sought, then the order may be extended on the basis of a motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested extension. This bill provides that the court may extend an extreme risk protection order for a period that it deems appropriate, up to 12 months. SURRENDER This bill provides that upon issuance of an ex parte or extreme risk protection order, the court must order the respondent to surrender to the local law enforcement agency all firearms and ammunition owned by the respondent or in the respondent's custody, control, or possession, unless the respondent is eligible to transfer the firearms and ammunition, and any handgun carry permit issued under law, held by the respondent. This bill provides that the law enforcement officer serving an ex parte or extreme risk protection order, must request that the respondent immediately surrender all firearms and ammunition owned by the respondent or in the respondent's custody, control, or possession and any handgun carry permit issued under law, held by the respondent. Subsequently, the law enforcement officer must take possession of all such firearms, ammunition, and handgun carry permits owned and held by the respondent, which are surrendered. Alternatively, this bill provides that if personal service by a law enforcement officer is not possible or is not required because the respondent was present at the extreme risk protection order hearing, then the respondent must surrender all such firearms, ammunition, and handgun carry permits owned and held by the respondent, in a safe manner to the control of the local law enforcement agency immediately after being served with the order by service or immediately after the hearing at which the respondent was present. A law enforcement officer may seek a search warrant from a court of competent jurisdiction to conduct a search for firearms or ammunition owned or held by the respondent if the officer has probable cause to believe that there are firearms or ammunition in the respondent's custody, control, or possession that have not been surrendered. This bill provides that at the time of surrender, a law enforcement officer taking possession must issue a receipt identifying all firearms and the quantity and type of ammunition that have been surrendered, and any permit surrendered, and must provide a copy of the receipt to the respondent. Within 72 hours after service of the order, the law enforcement officer serving the order must file the original receipt with the court and must ensure that the officer's law enforcement agency retains a copy of the receipt. This bill provides that if a person other than the respondent claims title to firearms or ammunition surrendered pursuant to this bill and the person is determined by the law enforcement agency to be the lawful owner of the firearm or ammunition, then the firearm or ammunition must be returned to the person, if the lawful owner agrees to store the firearm or ammunition in a manner such that the respondent does not have access to or control of the firearm or ammunition and the firearm or ammunition is not otherwise unlawfully possessed by the owner. This bill provides that all law enforcement agencies must develop policies and procedures regarding the acceptance, storage, and return of firearms, ammunition, or licenses required to be surrendered under this bill. Additionally, the surrender of a firearm or ammunition under this heading does not affect the ability of a law enforcement officer to remove a firearm or ammunition or handgun carry permit from a person or to conduct a search and seizure for firearms or ammunition pursuant to other lawful authority. Failure to surrender This bill provides that upon the sworn statement or testimony of any person alleging that the respondent has failed to comply with the surrender of firearms or ammunition, the court must determine whether probable cause exists to believe that the respondent has failed to surrender all firearms or ammunition owned by the respondent or in the respondent's custody, control, or possession. If the court finds that probable cause exists, then the court must issue a warrant describing the firearms or ammunition owned or possessed by the respondent and authorizing a search of the locations where the firearms or ammunition owned or possessed by the respondent are reasonably believed to be found and the seizure of firearms or ammunition owned or possessed by the respondent discovered pursuant to the search. Proof of surrender This bill provides that upon the issuance of an extreme risk protection order, the court must order a new hearing date and require the respondent to appear no later than three business days after the issuance of the order. At the hearing, the court must require proof that the respondent has surrendered all firearms or ammunition owned by the respondent or in the respondent's custody, control, or possession. The court may cancel the hearing upon a satisfactory showing that the respondent is in compliance with the order. REISSUANCE This bill provides that if an extreme risk protection order is vacated or ends without extension, then a law enforcement agency holding a firearm or ammunition owned by the respondent or a handgun carry permit held by the respondent, that has been surrendered or seized pursuant to an extreme risk protection order must return the surrendered firearm, ammunition, or permit, as requested by a respondent only after confirming through a background check that the respondent is currently eligible to own or possess firearms and ammunition under federal and state law and after confirming with the court that the extreme risk protection order has been vacated or has ended without extension. Additionally, if an extreme risk protection order is vacated or ends without extension, then the department of safety, if the department has suspended a handgun carry permit, must reinstate the permit only after confirming that the respondent is currently eligible to have a handgun carry permit issued under present law. This bill provides that a law enforcement agency must provide notice to each family or household member of the respondent before returning a surrendered firearm and ammunition owned by the respondent. Additionally, a firearm and ammunition surrendered that remains unclaimed by the lawful owner