HB 1018 — An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms and for abandonment of firearms, weapons or ammunition; in community and municipal courts, further providing for masters; adding provisions relating to extreme risk protection orders; imposing duties on the Office of Attorney General; and imposing penalties.

PRIOR PRINTER'S NO.

960 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

1152 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

NELSON, CONKLIN, KIM, CERRATO, MALAGARI, DALEY, FLEMING, MADSENMADSEN, KRUEGER, FRIEL, PASHINSKI, CURRY, WEBSTER, GUZMAN AND KRUEGER,TAKAC, APRIL 21, 2023 REFERREDAS TOAMENDED COMMITTEE ON JUDICIARY,SECOND APRILCONSIDERATION, 21,HOUSE OF REPRESENTATIVES, MAY 3, 2023 AN ACT AmendingAmeJudicial TitlesProcedure) 18of (Crimesthe andPennsylvania Offenses)Consolidatedary and 42Statutes, (Judiciaryin firearms and Judicialother Procedure)dangerous ofarticles, thefurther Pennsylvania Consolidated providing for persons not to possess, use, manufacture,thermanufacture, control, sell or transfer firearms and for abandonment of firearms, weapons or ammunition;

(a.1) Penalty.-- (1) Except as provided under paragraph (1.1), a person convicted of a felony enumerated under subsection (b) or a felony under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic 20230HB1018PN1152 - 2 - Act, or any equivalent Federal statute or equivalent statute 20230HB1018PN0960 - 2 - of any other state, who violates subsection (a) commits a felony of the second degree.

§ 6107(b) (relating to hearings), which provided for the relinquishment of firearms or other weapons or ammunition during the period of time the order is in effect, or is otherwise prohibited from 20230HB1018PN1152 - 3 - possessing or acquiring a firearm under 18 U.S.C.

§ 922(g)(8) 20230HB1018PN0960 - 3 - (relating to unlawful acts), commits a misdemeanor of the second degree if he intentionally or knowingly fails to relinquish a firearm or other weapon or ammunition to the sheriff or appropriate law enforcement agency as defined in 23 Pa.C.S.

§ 6107(b), which order provided for the relinquishment of the firearm, other weapon or ammunition during the period of time the order is in effect[.], or intentionally or knowingly accepts possession of a firearm or firearms license from a person he knows is the subject of an extreme risk protection 20230HB1018PN1152 - 4 - order issued under 42 Pa.C.S.

20230HB1018PN0960 - 4 - (ii) This paragraph shall not apply to:

(i) The sheriff accepts return of the safekeeping 20230HB1018PN1152 - 5 - permit issued to the party pursuant to 23 Pa.C.S.

§ 20230HB1018PN0960 - 5 - 6108.3(d)(1)(i).

* * * (f) Other exemptions and proceedings.-- *20230HB1018PN1152 * * 20230HB1018PN0960 - 6 - * * * (4) (i) The owner of any seized or confiscated firearms or of any firearms ordered relinquished under 23 Pa.C.S.

(1) Relinquished by its lawful owner pursuant to court order or executed warrant, and no written request to return or otherwise dispose of the firearms, weapons or ammunition is made by the lawful owner or the lawful owner's attorney or 20230HB1018PN1152 - 7 - duly appointed representative after a period of one year from 20230HB1018PN0960 - 7 - the date an order of relinquishment or seizure has expired.

20230HB1018PN1152 - 8 - 64A07.

20230HB1018PN0960 - 8 - 64A08.

"Firearm." A weapon designed to or that may readily be 20230HB1018PN1152 - 9 - converted to expel a projectile by the action of an explosive or 20230HB1018PN0960 - 9 - the frame or receiver of such weapon.

(a) Standing.--A law enforcement officer or a family or 20230HB1018PN1152 - 10 - household member of a person believed to present a risk of 20230HB1018PN0960 - 10 - suicide or of causing the death of, or extreme bodily injury to, another person may file a petition requesting that the court issue an extreme risk protection order or renew an existing extreme risk protection order.

and (iv) describe the number, types and locations of any 20230HB1018PN1152 - 11 - firearms known or believed to be owned by the respondent 20230HB1018PN0960 - 11 - or known or believed to be in the respondent's possession or control.

20230HB1018PN1152 - 12 - (8) Any additional information the court finds to be 20230HB1018PN0960 - 12 - reliable, if it is otherwise admissible, including a statement by the respondent.

(ii) notice of the right to request a continuance and instructions on requesting a continuance or waiving 20230HB1018PN1152 - 13 - the hearing;

20230HB1018PN0960 - 13 - (iii) notice of the fact that, at the hearing, or if the hearing is waived, the court may extend the order for up to one year;

(b) Request for continuance.--If the hearing is scheduled to 20230HB1018PN1152 - 14 - take place fewer than three business days after service of the 20230HB1018PN0960 - 14 - order, the court shall grant a continuance until at least three business days after service if requested by the respondent.

(b) Return.--Immediately upon completion of service of an extreme risk protection order, the sheriff or law enforcement 20230HB1018PN1152 - 15 - officer completing service shall make a return of service to the 20230HB1018PN0960 - 15 - court and shall provide a copy of the return of service to the petitioner.

(d) Explanatory opinion.--The court shall issue a separate, nonpublic explanatory opinion and shall provide the opinion to 20230HB1018PN1152 - 16 - the petitioner and respondent within seven days of the issuance 20230HB1018PN0960 - 16 - of the order.

If the court finds by clear and convincing evidence, based on factors specified under section 64A04 (relating to petition for 20230HB1018PN1152 - 17 - extreme risk protection order), that the respondent continues to 20230HB1018PN0960 - 17 - present a substantial risk of suicide or of causing the death of, or serious bodily injury to, another person, the court shall extend the extreme risk protection order for a duration of no fewer than three months and no more than one year from the date of the order.

A respondent relinquishing a firearm directly to a dealer shall, 20230HB1018PN1152 - 18 - within the time frame specified in the order, provide to the law 20230HB1018PN0960 - 18 - enforcement agency or sheriff a copy of the affidavit described in subsection (f) in lieu of the firearm listed in the affidavit.

20230HB1018PN1152 - 19 - (3) A list of all firearms relinquished to the dealer 20230HB1018PN0960 - 19 - and a detailed description of each firearm, including its condition and, if applicable, the manufacturer, model and serial number.

20230HB1018PN1152 - 20 - (b) Third party claims.--A third party may request the 20230HB1018PN0960 - 20 - return of a relinquished firearm at any time by providing proof of ownership and a sworn affidavit.

The sheriff or dealer receiving a request under subsection (a) shall 20230HB1018PN1152 - 21 - conduct the required background check as soon as possible, but 20230HB1018PN0960 - 21 - not later than the end of the next business day after the day on which the respondent makes the request.

<-- (a) Construction.--Nothing in this chapter shall be construed to preclude or restrict prosecution under 18 Pa.C.S.

FALSE ALLEGATIONS <-- BY PETITIONER.

(A) OFFENSE.--IT SHALL BE A FELONY OF THE THIRD DEGREE FOR A PETITIONER TO KNOWINGLY, INTENTIONALLY OR RECKLESSLY MAKE A FALSE STATEMENT UNDER THIS SECTION FOR AN IMPROPER PURPOSE.

During any proceeding under this chapter, the court shall 20230HB1018PN1152 - 22 - consider whether a mental health or chemical dependency evaluation or any proceeding under the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, is necessary, and may order an evaluation or proceeding as it deems necessary.

20230HB1018PN0960 - 22 - § 64A17.

The instructions shall provide pictures of types of firearms that a petitioner may choose from to identify the relevant firearms or an equivalent means to allow a petitioner to identify firearms without requiring specific or technical 20230HB1018PN1152 - 23 - knowledge regarding firearms.

20230HB1018PN0960 - 23 - (6) The extreme risk protection order form shall include, in a conspicuous location, notice of criminal penalties resulting from violation of the order and the following statement:

(9) The Office of Attorney General shall determine the 20230HB1018PN1152 - 24 - significant non-English-speaking or limited-English-speaking populations in this Commonwealth.

The Office of Attorney General shall arrange for translation of the instructions and informational brochures required by this section, which shall contain a sample of the standard petition and order for 20230HB1018PN0960 - 24 - protection forms, into the languages spoken by those significant non-English-speaking populations and shall distribute a master copy of the translated instructions and informational brochures to all clerks of court within one year of the effective date of this paragraph.

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