Bill Summary – FastDemocracy

General Assembly                      Raised Bill No. 5448
       February Session, 2020               LCO No. 2618
     Referred to Committee on JUDICIARY
     Introduced by:
       (JUD)
 AN ACT CONCERNING A RISK PROTECTION ORDER OR WARRANT.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Section 29-38c of the general statutes is repealed and the
    following is substituted in lieu thereof (Effective October 1, 2020):
      (a) Upon complaint on oath by any state's attorney or assistant state's
   attorney or [by any two police officers] police officer or other
   complainant who is a family or household member or a medical
   professional, to any judge of the Superior Court, that such [state's
   attorney or police officers have] complainant has probable cause to
   believe that [(1)] a person poses a risk of imminent personal injury to
   himself or herself or to other individuals, [(2)] (1) the judge may issue a
   risk protection order prohibiting such person from acquiring or
   possessing a firearm or ammunition, and (2) as part of or following the
   issuance of such order, if there is probable cause to believe that (A) such
   person possesses one or more firearms, and [(3)] (B) such firearm or
   firearms are within or upon any place, thing or person, such judge may
   issue a warrant commanding a proper officer to enter into or upon such
   place or thing, search the same or the person and take into such officer's
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 custody any and all firearms and ammunition. [Such] No state's
 attorney or police [officers shall not] officer may make such complaint
 unless such state's attorney or police [officers have] officer has
 conducted an independent investigation and [have] determined that
 such probable cause exists and that there is no reasonable alternative
 available to prevent such person from causing imminent personal injury
 to himself or herself or to others with [such] a firearm.
     (b) A risk protection order or warrant may issue only on affidavit
 sworn to by the complainant [or complainants] before the judge and
 establishing the grounds for issuing the order or warrant. [, which] In
 the case of a warrant, the affidavit shall be part of the seizure file. In
 determining whether grounds for the application exist or whether there
 is probable cause to believe [they] such grounds exist, the judge shall
 consider: (1) Recent threats or acts of violence by such person directed
 toward other persons; (2) recent threats or acts of violence by such
 person directed toward himself or herself; and (3) recent acts of cruelty
 to animals as provided in subsection (b) of section 53-247 by such
 person. In evaluating whether such recent threats or acts of violence
 constitute probable cause to believe that such person poses a risk of
 imminent personal injury to himself or herself or to others, the judge
 may consider other factors including, but not limited to (A) the reckless
 use, display or brandishing of a firearm by such person, (B) a history of
 the use, attempted use or threatened use of physical force by such
 person against other persons, (C) prior involuntary confinement of such
 person in a hospital for persons with psychiatric disabilities, and (D) the
 illegal use of controlled substances or abuse of alcohol by such person.
 If the judge is satisfied that the grounds for the application exist or that
 there is probable cause to believe that [they] such grounds exist, such
 judge shall issue a risk protection order or warrant naming or describing
 the person, and, in the case of the issuance of a warrant, the place or
 thing to be searched. The order or warrant shall be directed to any police
 officer of a regularly organized police department or any state police
 officer. [It] The order or warrant shall state the grounds or probable
 cause for [its] issuance of the order or warrant and, [it] in the case of a
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 warrant, the warrant shall command the officer to search within a
 reasonable time the person, place or thing named for any and all
 firearms and ammunition. A copy of the order or warrant shall be given
 to the person named [therein] in the order or warrant together with a
 notice informing the person that such person has the right to a hearing
 under this section and the right to be represented by counsel at such
 hearing.
     (c) [The] In the case of a warrant, the applicant for the warrant shall
 file a copy of the application for the warrant and all affidavits upon
 which the warrant is based with the clerk of the court for the
 geographical area within which the search will be conducted no later
 than the next business day following the execution of the warrant. Prior
 to the execution and return of the warrant, the clerk of the court shall
 not disclose any information pertaining to the application for the
 warrant or any affidavits upon which the warrant is based. The warrant
 shall be executed and returned with reasonable promptness consistent
 with due process of law and shall be accompanied by a written
 inventory of all firearms and ammunition seized.
    (d) Not later than fourteen days after the issuance of a risk protection
 order or execution of a warrant under this section, the court for the
 geographical area where the person named in the order or warrant
 resides shall hold a hearing to determine whether the risk protection
 order should continue to apply and whether the firearm or firearms and
 any ammunition seized should be returned to the person named in the
 warrant or should continue to be held by the state. At such hearing the
 state shall have the burden of proving all material facts by clear and
 convincing evidence. If, after such hearing, the court finds by clear and
 convincing evidence that the person poses a risk of imminent personal
 injury to himself or herself or to other individuals, the court may order
 that the risk protection order continue to apply and that the firearm or
 firearms and any ammunition seized pursuant to the warrant issued
 under subsection (a) of this section continue to be held by the state [for
 a period not to exceed one year, otherwise] until such time that the court
 shall order the lifting of the risk protection order and the firearm or
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 firearms and any ammunition seized to be returned to the person named
 in the warrant pursuant to subsection (e) of this section. If the court finds
 that the person poses a risk of imminent personal injury to himself or
 herself or to other individuals, the court shall give notice to the
 Department of Mental Health and Addiction Services which may take
 such action pursuant to chapter 319i as [it] the department deems
 appropriate.
    (e) A risk protection order shall continue to apply and the firearm or
 firearms and any ammunition held pursuant to subsection (d) of this
 section shall continue to be held by the state until such time that the
 person named in the order or warrant can prove by a preponderance of
 the evidence at a hearing of the court that such person no longer poses
 an immediate risk of personal injury to themselves or other individuals.
 The person named in the order or warrant may first petition the court
 for a hearing at least one hundred eighty days after the hearing held
 pursuant to subsection (d) of this section. If the court denies a person's
 petition under this section, the person may not file a subsequent petition
 until at least one hundred eighty days after the date on which the court
 denied the petition.
    [(e)] (f) Any person whose firearm or firearms and ammunition have
 been ordered seized pursuant to subsection (d) of this section, or such
 person's legal representative, may transfer such firearm or firearms and
 ammunition in accordance with the provisions of section 29-33 or other
 applicable state or federal law, to [any person eligible to possess such
 firearm or firearms and ammunition] a federally-licensed firearm
 dealer. Upon notification in writing by such person, or such person's
 legal representative, and the [transferee] dealer, the head of the state
 agency holding such seized firearm or firearms and ammunition shall
 within ten days deliver such firearm or firearms and ammunition to the
 [transferee] dealer.
    [(f)] (g) For [the] purposes of this section, "ammunition" means a
 loaded cartridge, consisting of a primed case, propellant or projectile,
 designed for use in any firearm, and (1) "family or household member"
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 means a person who is a: (A) (i) Spouse, (ii) parent, (iii) child, (iv) sibling,
 (v) grandparent, (vi) grandchild, (vii) step-parent, (viii) step-child, (ix)
 step-sibling, (x) mother or father-in-law, (xi) son or daughter-in-law, or
 (xii) brother or sister-in-law of the person subject to a complaint
 pursuant to this section; (B) person residing with the person subject to
 the complaint; (C) person who has a child in common with the person
 subject to the complaint; (D) dating or intimate partner of the person
 subject to the complaint; or (E) legal guardian or former legal guardian
 of the person subject to the complaint, and (2) "medical professional"
 means any person who has examined the respondent and who is a
 physician or physician assistant licensed under chapter 370, an
 advanced practice registered nurse licensed under chapter 378 or a
 psychologist licensed under chapter 383.
    Sec. 2. Subsection (a) of section 46b-15e of the general statutes is
 repealed and the following is substituted in lieu thereof (Effective October
 1, 2020):
   (a) (1) The Chief Court Administrator shall revise and simplify the
 process for filing an application for relief under section 46b-15. The
 Chief Court Administrator shall ensure that any person seeking to file
 an application for relief is provided with a one-page, plain language
 explanation of how to apply for relief under section 46b-15.
    (2) The Chief Court Administrator shall develop and make available
 to the public educational materials concerning the [warrant process] risk
 protection order and warrant processes set forth in section 29-38c, as
 amended by this act, relating to a person who poses a risk of imminent
 personal injury to himself or herself or to other individuals. The Chief
 Court Administrator shall develop and make available to the public in
 hard copy and electronically on the Internet web site of the Judicial
 Branch a form to enable a person to apply to have a risk protection order
 issued naming a family or household member or medical professional,
 each as defined in section 29-38c, as amended by this act, and a one-
 page, plain language explanation of how to apply for such order.
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    Sec. 3. Subsection (b) of section 29-28 of the general statutes is
 repealed and the following is substituted in lieu thereof (Effective October
 1, 2020):
    (b) Upon the application of any person having a bona fide permanent
 residence within the jurisdiction of any such authority, such chief of
 police, warden or selectman may issue a temporary state permit to such
 person to carry a pistol or revolver within the state, provided such
 authority shall find that such applicant intends to make no use of any
 pistol or revolver which such applicant may be permitted to carry under
 such permit other than a lawful use and that such person is a suitable
 person to receive such permit. No state or temporary state permit to
 carry a pistol or revolver shall be issued under this subsection if the
 applicant (1) has failed to successfully complete a course approved by
 the Commissioner of Emergency Services and Public Protection in the
 safety and use of pistols and revolvers including, but not limited to, a
 safety or training course in the use of pistols and revolvers available to
 the public offered by a law enforcement agency, a private or public
 educational institution or a firearms training school, utilizing instructors
 certified by the National Rifle Association or the Department of Energy
 and Environmental Protection and a safety or training course in the use
 of pistols or revolvers conducted by an instructor certified by the state
 or the National Rifle Association, (2) has been convicted of (A) a felony,
 or (B) on or after October 1, 1994, a violation of section 21a-279 or section
 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-175, 53a-176, 53a-178
 or 53a-181d, (3) has been convicted as delinquent for the commission of
 a serious juvenile offense, as defined in section 46b-120, (4) has been
 discharged from custody within the preceding twenty years after
 having been found not guilty of a crime by reason of mental disease or
 defect pursuant to section 53a-13, (5) (A) has been confined in a hospital
 for persons with psychiatric disabilities, as defined in section 17a-495,
 within the preceding sixty months by order of a probate court, or (B) has
 been voluntarily admitted on or after October 1, 2013, to a hospital for
 persons with psychiatric disabilities, as defined in section 17a-495,
 within the preceding six months for care and treatment of a psychiatric
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 disability and not solely for being an alcohol-dependent person or a
 drug-dependent person as those terms are defined in section 17a-680,
 (6) is subject to a restraining or protective order issued by a court in a
 case involving the use, attempted use or threatened use of physical force
 against another person, including an ex parte order issued pursuant to
 section 46b-15 or 46b-16a, (7) is subject to a firearms seizure order issued
 pursuant to subsection (d) of section 29-38c, as amended by this act, after
 notice and hearing, or a risk protection order issued pursuant to section
 29-38c, as amended by this act, (8) is prohibited from shipping,
 transporting, possessing or receiving a firearm pursuant to 18 USC
 922(g)(4), (9) is an alien illegally or unlawfully in the United States, or
 (10) is less than twenty-one years of age. Nothing in this section shall
 require any person who holds a valid permit to carry a pistol or revolver
 on October 1, 1994, to participate in any additional training in the safety
 and use of pistols and revolvers. No person may apply for a temporary
 state permit to carry a pistol or revolver more than once within any
 twelve-month period, and no temporary state permit to carry a pistol or
 revolver shall be issued to any person who has applied for such permit
 more than once within the preceding twelve months. Any person who
 applies for a temporary state permit to carry a pistol or revolver shall
 indicate in writing on the application, under penalty of false statement
 in such manner as the issuing authority prescribes, that such person has
 not applied for a temporary state permit to carry a pistol or revolver
 within the past twelve months. Upon issuance of a temporary state
 permit to carry a pistol or revolver to the applicant, the local authority
 shall forward the original application to the commissioner. Not later
 than sixty days after receiving a temporary state permit, an applicant
 shall appear at a location designated by the commissioner to receive the
 state permit. The commissioner may then issue, to any holder of any
 temporary state permit, a state permit to carry a pistol or revolver within
 the state. Upon issuance of the state permit, the commissioner shall
 make available to the permit holder a copy of the law regarding the
 permit holder's responsibility to report the loss or theft of a firearm and
 the penalties associated with the failure to comply with such law. Upon
 issuance of the state permit, the commissioner shall forward a record of
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 such permit to the local authority issuing the temporary state permit.
 The commissioner shall retain records of all applications, whether
 approved or denied. The copy of the state permit delivered to the
 permittee shall be laminated and shall contain a full-face photograph of
 such permittee. A person holding a state permit issued pursuant to this
 subsection shall notify the issuing authority within two business days
 of any change of such person's address. The notification shall include
 the old address and the new address of such person.
    Sec. 4. Subsection (b) of sect