B 23-0809 — Firearms Safety Omnibus Clarification Congressional Review Emergency

–––––––––––––––––––––––––––ENROLLED CouncilmemberORIGINAL CharlesAN AllenACT 4 A BILL 7 ____________ 9 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA ____________________________ To amend, on an emergency basis, due to congressional review, the Office of Administrative Hearings Establishment Act of 2001 to extend the jurisdiction of the Office of Administrative Hearings to adjudicated cases involving certain civil violations relating to fare evasion and other unlawful conduct on passenger vehicles;

to amend the District of Columbia Mental Health Information Act of 1978 to authorize mental health professionals to disclose mental health information when necessarytonecessary to request an extreme risk protection order and to require the disclosure of mental health information to the Office of Attorney General in response to a court order;

to amend the Firearms Control Regulations Act of 1975to1975 to prohibit the issuanceofaissuance firearmregistrationcertificatetothesubjectof ofanextremea firearm registration certificate to the subject of an extreme risk protection order, to require the Superior Court for the District of Columbia, for good cause shown, to issue such orders as may be necessarytonecessary to obtain mental health records and other relevant information for the purposes of petitions for relief from disqualifications from firearm registration, to authorize the Mayor to issue rules - subject to Council review, to implement the provisions of the Firearms Control Regulations Act of 1975, to clarify that the Office of AttorneyGeneralAttorney General may intervene and represent the interests oftheof the District of Columbia with respect to petitions for extreme risk protection orders or provide individual legal representation, upon request, to a petitioner, to broaden the court’s ability to place records related to extreme risk protectionordersprotection orders under seal, to establishproceduresestablish procedures for computing periods of time relating to an extreme risk protection order, to provide for the use of calendar days instead of business days for timelines related to extreme risk protection orders, to require that the court consider the unlawful or reckless use, display, orbrandishingor ofanyweaponbytherespondentbrandishing indeterminingwhetherof toissueanextremeany weapon by the respondent in determining whether to issue an extreme risk protection order, to require that the initial hearing for a petition for a final extreme risk protection order be held within 14 days after the petition was filed, to require the Superior Court for the District of Columbia, for good cause shown, to issue such orders as may be necessary to obtain mental health records and other relevant information for the purposes ofpetitionsof petitions for anextremean extreme risk protectionorder,protection order, to modifythemodify durationofexpartethe duration of ex parte extreme risk protection orders, to establish procedures for the issuance and execution of search warrants ENROLLED ORIGINAL accompanying extreme risk protection orders, to add the Office of Attorney General and the Superior Court for the District of Columbia to the list of entities that shall receive from the Metropolitan Police Department information related to extreme risk protection orders, to require the Mayor or the Mayor’s designee to submit information about extreme risk protection orders to the National Instant Criminal Background Check System for the purposes of firearm purchaser background checks;

to amend the Homeland Security, Risk Reduction, and Preparedness Amendment Act of 2006 to create a quorum requirement for the Comprehensive Homicide EliminationStrategyTaskElimination Strategy Task Force and extend its report submission deadline;

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Firearms SafetyOmnibusSafety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020”.

Section 6 of the Office of Administrative Hearings Establishment Act of 2001, effective March6,March 6, 2002 (D.C.

Official Code § 2-1831.03), is amended byaddingby adding a new subsection (b-26) to read as follows:

or “(2) Request anextremean extreme risk protectionorderprotection order under Title X oftheof the Firearms Control Regulations Act of 1975, effective May 10, 2019 (D.C.

“(c) Mental health information shall be disclosed to the Office of the Attorney General for the District of Columbia in response to a court order issued pursuant to section ENROLLED ORIGINAL 203(f)(3)(A)(i) of the Firearms ControlRegulationsControl Regulations Act of1975,of 1975, effective September 24, 1976(D.C.1976 (D.C.

The Firearms ControlRegulationsControl Regulations Act of1975,of 1975, effective September 24, 1976 (D.C.

The order shall require the disclosure of records to the Office of the Attorney General so that the 98 Office of the Attorney General can conduct a search of the petitioner’s mental health records and report its findings to the court as required by subparagraph (B) of this paragraph.

Official Code § 7–2507.05(b)) is amended by striking the phrase “the United States Attorney and the Corporation Counsel for the District whether” and inserting the phrase “the United States Attorney’s Office and the Office of AttorneyGeneralAttorney General whether” in its place.

The proposed rules shall be submitted to the Council for a 45-dayperiod45-day ofreview,period of review, excluding Saturdays, Sundays, legal holidays, anddaysofCouncilrecess.and days of Council recess.

IftheIf the Council does not approve or disapprove the proposed rules, inwholein whole or inpart,in byresolutionpart, by resolution within the 45-day review period, the proposed rules shall be deemed approved.”.

ENROLLED ORIGINAL (d) Section 1001(2)(A) (D.C.

or “(C) The Office oftheof AttorneyGeneralthe Attorney General withdraws from the intervention.”.

“(d) ThecourtThe mayplaceanyrecordorcourt partofaproceedingrelatedtothemay place any record or part of a proceeding related to the issuance, renewal, or termination of an extreme risk protection order under seal for good cause shown.”.

“(B) Count everyday,every day, including intermediate Saturdays, Sundays and legal holidays;

and “(C) Include the last day of the time period, but if the last day of the time period specified falls on a Saturday, Sunday, a legal holiday, or a day on which weather or other conditions cause the court to be closed, the time period specified shall continue to rununtiltherun until the end of the next day that is not a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed.

ENROLLED ORIGINAL “(B) Count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays;

Before the hearing for afinalextremeriska protectionorder,thefinal extreme risk protection order, the court shallorderthatshall theOfficeoftheorder that the Office of the Attorney General:

“(2) Conduct areasonablea searchofallavailablereasonable recordsofthesearch of all available records of the respondent’s mental health;

ENROLLED ORIGINAL (A) The lead-in language for subsection (c) is amended by striking the phrase “consider allrelevantall relevant evidence,” and inserting the phrase “consider anyexhibits,any exhibits, affidavits, supporting documents, and all other relevant evidence,” in its place.

“(7) The procedures for the surrender of firearms, ammunition, registration certificates, licenses to carryacarry a concealed pistol, ordealer’sor dealer’s licenses inthein the respondent’s possession, control, or ownership pursuant to section 1007;

(2) Paragraph (3) is amended bystrikingby striking the phrase “5 business days” and inserting the phrase “7 days” in its place.

“(a) IftheIf the court issues a final extreme risk protectionorderprotection order pursuant to section1003,section 1003, issues an ex parte extreme risk protection order pursuant to section 1004, or renews a final extreme risk protection order pursuant to section 1006, the court may issue an accompanying search warrant.

ENROLLED ORIGINAL “(1) One or more designated or described places or premises;

“(1) The name oftheof the issuing court,thecourt, the name and signatureofthesignature of the issuing judge, and the date of issuance;

“(4) A description of the propertywhoseproperty whose seizure is the object oftheof the search warrant;

“(c) A search warrant issued under section 1007a may be executed on any day of the week and, intheabsenceofexpressauthorizationinthewarrantin the absence of express authorization in the warrant pursuant to subsection(c)subsection ofthissection,(c) of this section, shall be executed only between 6 a.m.

“(d) If the court finds that there is probable cause to believe that the search warrant cannot be executed between6between 6 a.m.

and 9:00 p.m., the propertysoughtproperty sought is likelytolikely to be removed or destroyed if not seized forthwith, or the property sought is not likely to be found except at certain times or in certain circumstances, the court may include in the search warrant an authorization for execution at any time of day or night.

ENROLLED ORIGINAL “Sec.

“(b) An officer executing a search warrant issued under section 1007a directing a search of a person shall give, or make reasonable effort to give, notice of his identity and purpose to the person, and, if such person thereafter resists or refuses to permit the search, such person shall be subject to arrest by suchofficersuch officer pursuant to D.C.

Official Code § 23-581(a) for violationofsectionviolation 432aoftheof section 432a of the Revised StatutesoftheStatutes of the District ofColumbiaof Columbia (D.C.

Official Code §22-405.01),orother§ 22- 405.01), or other applicable provision of law.

“(2) If the search is of a person, a copyofcopy of the search warrant and of the return shall be given to that person.

“(b) Nothing in subsection (a) of this section shall be construed to require the Metropolitan Police Department to release propertyseizedproperty seized pursuant to a warrant to a person who did not legally possess the property at the time it was taken.

ENROLLED ORIGINAL “(c) No property seized shall be released or destroyed except in accordance with law and upon order of a court or of the United States Attorney for the District of Columbia or the Office of the Attorney General.”.

“(1A) If the petitioner or respondent was personally served in court when the motion to terminate anextremean extreme risk protectionorderprotection order was granted,thegranted, personalservicethe personal service requirement of paragraph (1) of this subsection shall be waived with respect to the party served in court.”.