,,ii #aaith ,,congress #ast ,session ,s4 #hhi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #f1 #bjbe,mr4 ,blumenthal 7for himself1 ,mr4 ,padilla1 ,mr4 ,kaine1 ,mr4 ,schiff1 ,mr4 ,whitehouse1 ,mr4 ,schatz1 ,ms4 ,hirono1 ,mr4 ,van ,hollen1 ,mr4 ,markey1 ,mr4 ,wyden1 ,mr4 ,booker1 ,mrs4 ,murray1 ,ms4 ,klobuchar1 ,ms4 ,cantwell1 ,mr4 ,durbin1 ,ms4 ,warren1 ,mr4 ,merkley1 and ,ms4 ,smith7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to support ,state1 ,tribal1 and local efforts to remove access to firearms from individuals who are a danger to themselves or others pursuant to court orders for this purpose4 #a4 ,short title ,this ,act may be cited as the ,extreme ,risk ,protection ,order ,expansion ,act of #bjbe4 #b4 ,extreme risk protection order grant program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state or ,indian ,tribe-- 7i7 that enacts legislation described in subsection 7c72 7ii7 with respect to which the ,attorney ,general determines that the legislation described in clause 7i7 complies with the requirements under subsection 7c77#a72 and 7iii7 that certifies to the ,attorney ,general that the ,state or ,indian ,tribe will1 with respect to a grant received under subsection 7b7-- 7,i7 use the grant for the purposes described in subsection 7b77#b72 and 7,,ii7 allocate not less than #be percent and not more than #gj percent of the amount received under the grant for the development and dissemination of training for law enforcement officers in accordance with subsection 7b77#d72 or 7,b7 a unit of local government or other public or private entity that-- 7i7 is located in a ,state or in the territory under the jurisdiction of an ,indian ,tribe that meets the requirements described in clauses 7i7 and 7ii7 of subparagraph 7,a72 and 7ii7 certifies to the ,attorney ,general that the unit of local government or entity will1 with respect to a grant received under subsection 7b7-- 7,i7 use the grant for the purposes described in subsection 7b77#b72 and 7,,ii7 allocate not less than #be percent and not more than #gj percent of the amount received under the grant for the development and dissemination of training for law enforcement officers in accordance with subsection 7b77#d74 7#b7 ,extreme risk protection order ,the term extreme risk protection order means a written order or warrant1 issued by a ,state or ,tribal court or signed by a magistrate 7or other comparable judicial officer71 the primary purpose of which is to reduce the risk of firearm-related death or injury by doing #a or more of the following3 7,a7 ,prohibiting a named individual from having under the custody or control of the individual1 owning1 purchasing1 possessing1 or receiving a firearm4 7,b7 ,having a firearm removed or requiring the surrender of firearms from a named individual4 7#c7 ,firearm ,the term firearm has the meaning given the term in section #iba of title #ah1 ,united ,states ,code4 7#d7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #agji of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajchi74 7#e7 ,law enforcement officer ,the term law enforcement officer means a public servant authorized by ,federal1 ,state1 local1 or ,tribal law or by an agency of the ,federal ,government or of a ,state1 local1 or ,tribal government to-- 7,a7 engage in or supervise the prevention1 detection1 investigation1 or prosecution of an offense2 or 7,b7 supervise sentenced criminal offenders4 7#f7 ,petitioner ,the term petitioner means an individual authorized under ,state or ,tribal law to petition for an extreme risk protection order4 7#g7 ,respondent ,the term respondent means an individual named in the petition for an extreme risk protection order or subject to an extreme risk protection order4 7#h7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory or possession of the ,united ,states4 7#i7 ,unit of local government ,the term unit of local government has the meaning given the term in section #ija of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbea74 7b7 ,grant program established 7#a7 ,in general ,the ,attorney ,general shall establish a program under which1 from amounts made available to carry out this section1 the ,attorney ,general may make grants to eligible entities to assist in carrying out the provisions of the legislation described in subsection 7c74 7#b7 ,use of funds ,funds awarded under this subsection may be used by an applicant to-- 7,a7 enhance the capacity of law enforcement agencies and the courts of a ,state1 unit of local government1 or ,indian ,tribe by providing personnel1 training1 technical assistance1 data collection1 and other resources to carry out enacted legislation described in subsection 7c72 7,b7 train judges1 court personnel1 health care and legal professionals1 and law enforcement officers to more accurately identify individuals whose access to firearms poses a danger of causing harm to themselves or others by increasing the risk of firearms suicide or interpersonal violence2 7,c7 develop and implement law enforcement and court protocols1 forms1 and orders so that law enforcement agencies and the courts may carry out the provisions of the enacted legislation described in subsection 7c7 in a safe1 equitable1 and effective manner1 including through the removal and storage of firearms pursuant to extreme risk protection orders under the enacted legislation2 and 7,d7 raise public awareness and understanding of the enacted legislation described in subsection 7c71 including through subgrants to community-based organizations for the training of community members1 so that extreme risk protection orders may be issued in appropriate situations to reduce the risk of firearms-related death and injury4 7#c7 ,application ,an eligible entity desiring a grant under this subsection shall submit to the ,attorney ,general an application at such time1 in such manner1 and containing or accompanied by such information as the ,attorney ,general may reasonably require4 7#d7 ,training 7,a7 ,in general ,a recipient of a grant under this subsection shall provide training to law enforcement officers1 including officers of relevant ,federal1 ,state1 local1 and ,tribal law enforcement agencies1 in the safe1 impartial1 effective1 and equitable use and administration of extreme risk protection orders1 including training to address-- 7i7 bias based on race and racism1 ethnicity1 gender1 sexual orientation1 gender identity1 religion1 language proficiency1 mental health condition1 disability1 and classism in the use and administration of extreme risk protection orders2 7ii7 the appropriate use of extreme risk protection orders in cases of domestic violence1 including the applicability of other policies and protocols to address domestic violence in situations that may also involve extreme risk protection orders and the necessity of safety planning with the victim before a law enforcement officer petitions for and executes an extreme risk protection order1 if applicable2 7iii7 interacting with persons with a mental illness or emotional distress1 including de-escalation and crisis intervention2 and 7iv7 best practices for referring persons subject to extreme risk protection orders and associated victims of violence to social service providers that may be available in the jurisdiction and appropriate for those individuals1 including health care1 mental health1 substance abuse1 and legal services1 employment and vocational services1 housing assistance1 case management1 and veterans and disability benefits4 7,b7 ,consultation with experts ,a recipient of a grant under this subsection1 in developing law enforcement training required under subparagraph 7,a71 shall seek advice from domestic violence service providers 7including culturally specific 7as defined in section #djjjb of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia77 organizations71 social service providers1 suicide prevention advocates1 violence intervention specialists1 law enforcement agencies1 mental health disability experts1 and other community groups working to reduce suicides and violence1 including domestic violence1 within the ,state or the territory under the jurisdiction of the ,indian ,tribe1 as applicable1 that enacted the legislation described in subsection 7c7 that enabled the grant recipient to be an eligible entity4 7#e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this subsection4 7c7 ,eligibility for extreme risk protection order grant program 7#a7 ,requirements ,legislation described in this subsection is legislation that establishes requirements that are substantially similar to the following3 7,a7 ,petition for extreme risk protection order ,a petitioner1 including a law enforcement officer1 may submit a petition to a ,state or ,tribal court1 on a form designed by the court or a ,state or ,tribal agency1 that-- 7i7 describes the facts and circumstances justifying that an extreme risk protection order be issued against the named individual2 and 7ii7 is signed by the applicant1 under oath4 7,b7 ,notice and due process ,the individual named in a petition for an extreme risk protection order as described in subparagraph 7,a7 shall be given written notice of the petition and an opportunity to be heard on the matter in accordance with this paragraph4 7,c7 ,issuance of extreme risk protection orders 7i7 ,hearing 7,i7 ,in general ,upon receipt of a petition described in subparagraph 7,a7 or request of an individual named in such a petition1 the court shall order a hearing to be held within a reasonable time1 and not later than #cj days after the date of the petition or request4 7,,ii7 ,determination ,if the court finds at the hearing ordered under subclause 7,i71 by a preponderance of the evidence or according to a higher evidentiary standard established by the ,state or ,indian ,tribe1 that the respondent poses a danger of causing harm to self or others by having access to a firearm1 the court may issue an extreme risk protection order4 7ii7 ,duration of extreme risk protection order ,an extreme risk protection order shall be in effect-- 7,i7 until an order terminating or superseding the extreme risk protection order is issued2 or 7,,ii7 for a set period of time4 7,d7 ,ex parte extreme risk protection orders 7i7 ,in general ,upon receipt of a petition described in subparagraph 7,a71 the court may issue an ex parte extreme risk protection order1 if-- 7,i7 the petition for an extreme risk protection order alleges that the respondent poses a danger of causing harm to self or others by having access to a firearm2 and 7,,ii7 the court finds there is probable cause to believe1 or makes a finding according to a higher evidentiary standard established by the ,state or ,indian ,tribe1 that the respondent poses a danger of causing harm to self or others by having access to a firearm4 7ii7 ,duration of ex parte extreme risk protection order ,an ex parte extreme risk protection order shall remain in effect only until the hearing required under subparagraph 7,c77i74 7,e7 ,storage of removed firearms 7i7 ,availability for return ,all firearms removed or surrendered pursuant to an extreme risk protection order shall only be available for return to the named individual when the individual has regained eligibility under ,federal and ,state law and1 where applicable1 ,tribal law to possess firearms4 7ii7 ,consent required for disposal or destruction ,firearms owned by a named individual may not be disposed of or destroyed during the period of the extreme risk protection order without the consent of the named individual4 7,f7 ,notification 7i7 ,in general 7,i7 ,requirement ,a ,state or ,tribal court that issues an extreme risk protection order shall notify the ,attorney ,general or the comparable ,state or ,tribal agency1 as applicable1 of the order as soon as practicable or within a designated period of time4 7,,ii7 ,form and manner ,a ,state or ,tribal court shall submit a notification under subclause 7,i7 in an electronic format1 in a manner prescribed by the ,attorney ,general or the comparable ,state or ,tribal agency4 7ii7 ,update of databases by ,state or ,tribal agency ,as soon as practicable or within the time period designated by ,state or ,tribal law after receiving a notification under clause 7i71 the comparable ,state or ,tribal agency shall ensure that the extreme risk protection order is reflected in the ,national ,instant ,criminal ,background ,check ,system4 7#b7 ,additional provisions ,legislation described in this subsection may-- 7,a7 provide procedures for the termination of an extreme risk protection order2 7,b7 provide procedures for the renewal of an extreme risk protection order2 7,c7 establish burdens and standards of proof for issuance of orders described in paragraph 7#a7 that are substantially similar to or higher than the burdens and standards of proof set forth in that paragraph2 7,d7 limit the individuals who may submit a petition described in paragraph 7#a71 provided that1 at a minimum1 #a or more law enforcement officers are authorized to do so2 and 7,e7 include any other authorizations or requirements that the ,state or ,tribal authorities determine appropriate4 7#c7 ,attorney ,general responsibilities 7,a7 ,manner of submitting notification to ,attorney ,general ,the ,attorney ,general shall prescribe the manner in which a ,state or ,tribal court shall submit a notification to the ,attorney ,general under a provision of ,state or ,tribal law that is substantially similar to paragraph 7#a77;,f77i74 7,b7 ,update of databases ,as soon as practicable1 and in any event not later than #cj days1 after receiving a notification under a provision of ,state or ,tribal law that is substantially similar to paragraph 7#a77;,f77i71 the ,attorney ,general shall ensure that the extreme risk protection order is reflected in the ,national ,instant ,criminal ,background ,check ,system4 7#d7 ,annual report ,not later than #a year after the date on which an eligible entity receives a grant under subsection 7b71 and annually thereafter for the duration of the grant period1 the entity shall submit to the ,attorney ,general a report that includes1 with respect to the preceding year-- 7,a7 the number of petitions for ex parte extreme risk protection orders filed1 as well as the number of such orders issued and the number denied1 disaggregated by-- 7i7 the jurisdiction2 7ii7 the individual authorized under ,state or ,tribal law to petition for an extreme risk protection order1 including the relationship of the individual to the respondent2 and 7iii7 the alleged danger posed by the respondent1 including whether the danger involved a risk of suicide1 unintentional injury1 domestic violence1 or other interpersonal violence2 7,b7 the number of petitions for extreme risk protection orders filed1 as well as the number of such orders issued and the number denied1 disaggregated by-- 7i7 the jurisdiction2 7ii7 the individual authorized under ,state or ,tribal law to petition for an extreme risk protection order1 including the relationship of the individual to the respondent2 and 7iii7 the alleged danger posed by the respondent1 including whether the danger involved a risk of suicide1 unintentional injury1 domestic violence1 or other interpersonal violence2 7,c7 the number of petitions for renewals of extreme risk protection orders filed1 as well as the number of such orders issued and the number denied2 7,d7 the number of cases in which a court imposed a penalty for false reporting or frivolous petitions2 7,e7 demographic data of petitioners1 including race1 ethnicity1 national origin1 sex1 gender1 age1 disability1 and ,english language proficiency1 if available2 7,f7 demographic data of respondents1 including race1 ethnicity1 national origin1 sex1 gender1 age1 disability1 and ,english language proficiency1 if available2 and 7,g7 the number of firearms removed1 if available4 #c4 ,federal firearms prohibition ,section #ibb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 by redesignating paragraphs 7#aj7 and 7#aa7 as paragraphs 7#aa7 and 7#ab71 respectively2 7,b7 by inserting after paragraph 7#i7 the following3 7#aj7 is subject to a court order that-- 7,a7 was issued after a hearing of which such person received actual notice1 and at which such person had an opportunity to participate2 7,b7 prevents such person from possessing or receiving firearms2 and 7,c7 includes a finding that such person poses a danger of harm to self or others4 2 and 7,c7 in paragraph 7#ab71 as so redesignated1 by striking 7#aj7 and inserting 7#aa72 and 7#b7 in subsection 7g7-- 7,a7 in paragraph 7#h77;,c77ii71 by striking or at the end2 7,b7 in paragraph 7#i71 by striking the comma at the end and inserting 2 or2 and 7,c7 by inserting after paragraph 7#i7 the following3 7#aj7 is subject to a court order that-- 7,a7 was issued after a hearing of which such person received actual notice1 and at which such person had an opportunity to participate2 7,b7 prevents such person from possessing or receiving firearms2 and 7,c7 includes a finding that such person poses a danger of harm to self or others1 4 #d4 ,identification records ,section #ecd of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 and 7,b7 by inserting after paragraph 7#c7 the following3 7#d7 acquire1 collect1 classify1 and preserve records from ,federal1 ,tribal1 and ,state courts and other agencies identifying individuals subject to extreme risk protection orders1 as defined in section #b7;a7 of the ,extreme ,risk ,protection ,order ,expansion ,act of #bjbe2 2 7#b7 in subsection 7b7-- 7,a7 by striking 7a77#e7 and inserting 7a77#f72 and 7,b7 by striking 7a77#d7 and inserting 7a77#e72 and 7#c7 by adding at the end the following3 7g7 ,extreme risk protection orders in national crime information databases ,a ,federal1 ,tribal1 or ,state criminal justice agency or criminal or civil court may-- 7#a7 include extreme risk protection orders1 as defined in section #b7;a7 of the ,extreme ,risk ,protection ,order ,expansion ,act of #bjbe1 in national crime information databases1 as that term is defined in subsection 7f77#c7 of this section2 and 7#b7 have access to information regarding extreme risk protection orders through the national crime information databases4 4 #e4 ,conforming amendment ,section #c7a7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djijc7a77 is amended by striking section #ibb7;g77#h7 and inserting paragraph 7#h7 or 7#aj7 of section #ibb7;g74 #f4 ,full faith and credit 7a7 ,definitions ,in this section1 the terms extreme risk protection order1 ,indian ,tribe1 and ,state have the meanings given those terms in section #b7;a74 7b7 ,full faith and credit required ,any extreme risk protection order issued under a ,state or ,tribal law enacted in accordance with this ,act shall be accorded the same full faith and credit by the court of another ,state or ,indian ,tribe 7referred to in this subsection as the enforcing ,state or ,indian ,tribe7 and enforced by the court and law enforcement personnel of the other ,state or ,tribal government as if it were the order of the enforcing ,state or ,indian ,tribe4 7c7 ,applicability to extreme risk protection orders 7#a7 ,in general ,subsection 7b7 shall apply to an extreme risk protection order issued by a ,state or ,tribal court if-- 7,a7 the court has jurisdiction over the parties and matter under the law of the ,state or ,indian ,tribe2 and 7,b7 reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person's right to due process4 7#b7 ,ex parte extreme risk protection orders ,for purposes of paragraph 7#a77;,b71 in the case of an ex parte extreme risk protection order1 notice and opportunity to be heard shall be provided within the time required by ,state or ,tribal law1 and in any event within a reasonable time after the order is issued1 sufficient to protect the due process rights of the respondent4 7d7 ,tribal court jurisdiction ,for purposes of this section1 a court of an ,indian ,tribe shall have full civil jurisdiction to issue and enforce an extreme risk protection order involving any person1 including the authority to enforce any order through civil contempt proceedings1 to exclude violators from ,indian land1 and to use other appropriate mechanisms1 in matters arising anywhere in the ,indian country 7as defined in section #aaea of title #ah1 ,united ,states ,code7 of the ,indian ,tribe or otherwise within the authority of the ,indian ,tribe4 #g4 ,severability ,if any provision of this ,act or amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance1 is held to be invalid1 the remaining provisions of this ,act and amendments made by this ,act1 or the application of such provision or amendment to other persons or circumstances1 shall not be affected4 #h4 ,effective date ,this ,act and the amendments made by this ,act shall take effect on the date that is #ahj days after the date of enactment of this ,act4