Amendment ID: H4539-15

Amendment 15

Hearing Process

Mr. Humason moves to amend the bill , in line 122, by inserting after “address.” the following words:-

“The court shall inform the respondent that he or she is entitled to request termination of the order in the manner prescribed by section 131S ½. The court shall provide the respondent with a form to request a termination hearing.”

And further in in SECTION 12, by inserting, after Section 131S, the following new section:-

Section 131S 1/2 . (1) (a) The respondent may submit 1 written request for a hearing to terminate an extreme risk protection order issued pursuant to section 131S during each 1-year period that the order is in effect, starting from the date of the order and continuing through any renewals of the order.

(b) Upon receipt of the request for a hearing to terminate an extreme risk protection order, the court shall set a date for a hearing. Written notice of the request shall be served on the petitioner, and written notice of the hearing shall be served on the petitioner and the respondent, by certified mail. The hearing shall occur no sooner than 14 days and no later than 30 days from the date of service of the request upon the petitioner.

(c) The respondent shall have the burden of proving by a preponderance of the evidence that the respondent does not pose a significant danger of causing personal injury to self or others by having in his or her custody or control, purchasing, possessing, or receiving a firearm. The court may consider any relevant evidence, including evidence of the considerations listed in the petition filed pursuant to subsection (b) of section 131R.

(d) If the court finds after the hearing that the respondent has met his or her burden, the court shall terminate the order.

(2) (a) The court shall send written notification by certified mail to the petitioner of the impending expiration of an extreme risk protection order, including the petitioner’s right to file a motion to renew the order. Notice must be received by the petitioner at least 105 calendar days before the date the order expires.

(b) A petitioner may request a renewal of an extreme risk protection order at any time within 105 calendar days before the expiration of the order. The court shall schedule a hearing on the renewal of the order not later than 14 days from the date such request from the petitioner was received, if possible, and shall send written notice by certified mail of such hearing to the petitioner.  Written notice of the hearing shall be personally served on the respondent by a law enforcement officer, or if personal service by a law enforcement officer is not possible, in accordance with the laws relative to service of process in the commonwealth.

(c) In determining whether to renew an extreme risk protection order issued under this section, the court shall consider all relevant evidence presented by the petitioner and the respondent, including the evidence described in the petition filed pursuant to subsection (b) of section 131R.

(d) If the court finds by a preponderance of the evidence that the requirements for issuance of an extreme risk protection order as provided in section 131R of this act continue to be met, the court shall renew the order. However, if, after written notice, the motion for renewal is uncontested and the petitioner seeks no modification of the order, the order may be renewed on the basis of the petitioner's 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 renewal.

(e) Upon the issuance of a renewed extreme risk protection order, the court shall issue an order for suspension and surrender of firearms pursuant to section 131S and 131T.  An extreme risk protection order renewed pursuant to this section shall expire after 1 year, subject to termination or renewal by further order of the court pursuant to this section.