SB 5 — EXTREME RISK FIREARM PROTECTION ORDER ACT

The court shall conduct a hearing within ten days of the issuance of a temporary extreme risk firearm SJC/SB 5 Page 6 protection order to determine if a one-year extreme risk h firearm protection order should be issued pursuant to this u » r section.

t h g e D.

A temporary extreme risk firearm protection l i h r i s order shall include:

h , e h (1) a statement of the grounds supporting the t u g e b l issuance of the order;

e e , gh n d d i = = o h (2) the date and time the order was issued;

l ] b ,d i a º r (3) a statement that the order shall continue e r = t e w d until the earlier of ten days or such time as a court considers mthe petition at a nhearing, ounless dan mextension :is granted at the request of the respondent pursuant to Subsection E of this section;

b r e t º o t n = .217276.5AIC February 7, 2020 (4:33pm) s k m e - 7 - e a n e d r e l u [ A d SJC/SB 5 the petition at a hearing, unless an extension is granted at the request of the respondent pursuant to Subsection E of this section;

A temporary extreme risk firearm protection order shall be served by the petitioner along with supporting SJC/SB 5 Page 7 documents that formed the basis of the order, the notice of hearing and the petition for a one-year extreme risk firearm protection order.

h G.

If the court declines to issue a temporary g o extreme risk firearm protection order, the court shall enter an t hr g e i k order that includes the reasons for the denial.

h r i s SECTION 7.

[NEW MATERIAL ] HEARINGS ON PETITION--GROUNDS h , t, FOR ISSUANCE--CONTENTS OF ORDER.--In determining whether e u g e b l e e h grounds for any extreme risk firearm protection order exist, n d d i = = o h the court shall consider, at a minimum, the following:

l ] b ,d i a º e A.

any recent act or threat of violence by the r i = r t e w d m a n o respondent against self or others, regardless of whether the dact mor :threat involved a firearm;

b e d s º o t n = .217276.5AIC February 7, 2020 (4:33pm) s k m e - 8 - e a n e d r e l u [ A d SJC/SB 5 act or threat involved a firearm;

the respondent's criminal history, including arrests and convictions for violent felony offenses, violent SJC/SB 5 Page 8 misdemeanor offenses, crimes involving domestic violence or stalking;

the respondent's history of the use, attempted h use or threatened use of physical violence against another g o person;

t hr g e i k and h r i s I.

any recent acquisition or attempts at h , t, acquisition of a firearm by the respondent.

e u g e b l SECTION 8.

[NEW MATERIAL ] ONE-YEAR EXTREME RISK FIREARM e e h n d d i = = o h PROTECTION ORDER--GROUNDS FOR ISSUANCE--CONTENTS OF ORDER--ORDER--TERMINATION-- lEXPIRATION--RENEWAL ] b ,d i a º e TERMINATION--EXPIRATION--RENEWAL OF ORDERS.-- r i = r t e w d A.

If, after hearing the matter, the court finds mby a npreponderance oof dthe mevidence :that the respondent poses a significant danger of causing imminent personal injury to self or others by having in the respondent's custody or control or by purchasing, possessing or receiving a firearm, the court shall issue a one-year extreme risk firearm protection order.

b e d s º o t n = .217276.5AIC February 7, 2020 (4:33pm) s k m e - 9 - e a n e d r e l u [ A d SJC/SB 5 Sfl4ºthat there is probable cause to believe»Sfl4 Sfl4ºby a preponderance of the evidence»Sfl4 that the respondent poses a significant danger of causing imminent personal injury to self or others by having in the respondent's custody or control or by purchasing, possessing or receiving a firearm, the court shall issue a one-year extreme risk firearm protection order.

(4) information pertaining to any SJC/SB 5 Page 9 recommendation by the court for mental health or substance abuse evaluations, if applicable;

(5) the address of the court that issued the h order;

and g o (6) notice that the respondent is entitled to t hr g e i k request termination of the order prior to the expiration of the h r i s order.

h , t, C.

If the court declines to issue a one-year e u g e b l e e h extreme risk firearm protection order, the court shall state in n d d i = = o h writing the reasons for the court's denial and shall order the l ] b ,d i a º e return of any firearms to the respondent.

r i = r t e w d m a n o D.

A respondent may request that the court dterminate ma :one-year extreme risk firearm protection order at any time prior to the expiration of the order.

b e d s º o t n = .217276.5AIC February 7, 2020 (4:33pm) s k m e - 10 - e a n e d r e l u [ A d SJC/SB 5 terminate a one-year extreme risk firearm protection order at any time prior to the expiration of the order.

Sfl2º F.

A one-year extreme risk firearm protection order is a final, immediately appealable order.»Sfl2order. SECTION 9.

[NEWSJC/SB MATERIAL5 ]Page SERVICE10 OFSECTION EXTREME9. RISK FIREARM PROTECTION ORDERS.--A one-year extreme risk firearm protection order issued pursuant to the Extreme Risk Firearm Protection Order Act shall be personally served upon the respondent by the h sheriff's office in the county in which the respondent resides;

gSERVICE oOF providedEXTREME thatRISK ifFIREARM thePROTECTION respondentORDERS.--A residesone-year inextreme arisk cityfirearm orprotection townorder thatissued tpursuant hrto gthe eExtreme iRisk kFirearm hasProtection aOrder policeAct department,shall be personally served upon the policerespondent departmentby shallthe servesheriff's office in the hcounty rin iwhich sthe order.respondent resides;

hprovided ,that t,if SECTIONthe 10.respondent resides in a city or town that has a police department, the police department shall serve the order.

[NEWSECTION MATERIAL10. ] RELINQUISHMENT OF FIREARMS.-- e u g e b l e e h A.

ARELINQUISHMENT respondentOF whoFIREARMS.-- receivesA. a temporary Sfl3º or n d d i = = o h one-year»Sfl3 extreme risk firearm protection order shall l ] b ,d i a º e relinquish all firearms in the respondent's possession, custody r i = r t e w d m a n o or control or subject to the respondent's possession, custody d m :

bA erespondent dwho sreceives ºa otemporary tor none-year =extreme .217276.5AICrisk Februaryfirearm 7,protection 2020order (4:33pm)shall srelinquish kall mfirearms ein -the 11respondent's -possession, ecustody aor ncontrol eor dsubject rto ethe lrespondent's upossession, [custody A d SJC/SB 5 or control in a safe manner to a law enforcement officer, a law enforcement agency or a federal firearms licensee within forty-eight hours of service of the order Sfl4º or sooner at the discretion of the court»Sfl4.court.

A law enforcement officer, law enforcement agency or federal firearms Sfl3ºlicense»Sfl3licensee Sfl3º licensee»Sfl3 that takes temporary possession of a firearm pursuant to this section shall:

(3) provide a copy of the receipt to the SJC/SB 5 Page 11 petitioner within seventy-two hours of taking possession of the firearms;

(4) file the original receipt with the court h that issued the temporary Sfl3º or one-year»Sfl3one-year extreme risk g o t hr firearm protection order within seventy-two hours of taking g e i k possession of the firearms;

and h r i s (5) ensure that the law enforcement agency h , t, retains a copy of the receipt.

e u g e b l e e h SECTION 11.

[NEW MATERIAL ] PENALTIES.--A person who fails n d d i = = o h to relinquish, or who possesses or has custody or control over, l ] b ,d i a º e any firearm or who purchases, receives or attempts to purchase, rpossess ior =receive rany tfirearm, ein wviolation dof m a ntemporary oextreme possessrisk firearm protection order or receivea anyone-year firearm,extreme inrisk violationfirearm protection order is guilty of a temporarymisdemeanor dpunishable mpursuant :to Section 31-19-1 NMSA 1978.

b e d s º o t n = .217276.5AIC February 7, 2020 (4:33pm) s k m e - 12 - e a n e d r e l u [ A d SJC/SB 5 extreme risk firearm protection order or a one-year extreme risk firearm protection order is guilty of a misdemeanor punishable pursuant to Section 31-19-1 NMSA 1978.

[NEW MATERIAL ] EXTREME RISK FIREARM PROTECTION ORDER--REPORTING OF ORDERS--AVAILABILITY OF DATA.-- A.

The clerk of the court shall forward a copy of any order issued, renewed or terminated pursuant to the SJC/SB 5 Page 12 Extreme Risk Firearm Protection Order Act to the petitioner and to the law enforcement agency specified in Subsection A of this section.

h C.

Upon receipt of a copy of a one-year extreme g o risk firearm protection order or temporary extreme risk firearm t hr g e i k protection order, the law enforcement agency specified in h r i s Subsection A of this section shall enter the order into:

h , t, (1) the national instant criminal background e u g e b l check system;

e e h n d d i = = o h (2) all federal or state computer-based l ] b ,d i a º e systems and databases used by law enforcement or others to r i = r t e w d identify prohibited purchasers of firearms;

and m(3) aall ncomputer-based ocriminal dintelligence minformation :systems and databases available in this state used by law enforcement agencies.

b e d s º o t n = .217276.5AIC February 7, 2020 (4:33pm) s k m e - 13 - e a n e d r e l u [ A d SJC/SB 5 (3) all computer-based criminal intelligence information systems and databases available in this state used by law enforcement agencies.

Upon the expiration of or upon receiving notice of the termination of an extreme risk firearm protection SJC/SB 5 Page 13 order issued pursuant to the Extreme Risk Firearm Protection Order Act, the law enforcement agency specified in Subsection A of this section shall promptly remove the order from any state computer-based system into which it was entered pursuant to h Subsection C of this section and shall notify the national u » r instant criminal background check system and all federal t h g e computer-based systems and databases used by law enforcement or l i h r i s others to identify prohibited purchasers of firearms.

h , e h F.

Following the expiration or termination of an t u g e b l order issued pursuant to the Extreme Risk Firearm Protection eOrder eAct ,and ghupon nwritten drequest, dthe ilaw =enforcement =agency ospecified hin OrderSubsection ActA andof uponthis writtensection request,shall provide a sworn affidavit to the lawrespondent enforcementaffirming agencythat lthe ]information bcontained ,dwithin ithe aorder ºhas rbeen specifiedremoved from all state databases and systems identified in Subsection AC of this section shalland provideany aother swornstate edatabases rinto =which tinformation eabout wthe dorder affidavitwas toentered and that the respondentlaw affirmingenforcement thatagency has notified the informationnational minstant acriminal nbackground ocheck dsystem mand :all federal computer-based systems and databases used by law enforcement or others to identify prohibited purchasers of firearms.

b r e t º o t n = .217276.5AIC February 7, 2020 (4:33pm) s k m e - 14 - e a n e d r e l u [ A d SJC/SB 5 contained within the order has been removed from all state databases and systems identified in Subsection C of this section and any other state databases into which information about the order was entered and that the law enforcement agency has notified the national instant criminal background check system and all federal computer-based systems and databases used by law enforcement or others to identify prohibited purchasers of firearms.

If any extreme risk firearm protection order is SJC/SB 5 Page 14 terminated before its expiration date, the clerk of the court shall forward a copy of the termination order to the office of the attorney general and the petitioner.

Aggregate statistical data indicating the number of extreme risk firearm protection orders issued, renewed, denied or terminated shall be maintained by the issuing court h and the administrative office of the courts and shall be g o available to the public upon request.

t hr g e i k SECTION 13.

[NEW MATERIAL ] EXTREME RISK FIREARM h r i s PROTECTION ORDERS--FIREARMS RETURN--DISPOSITION.-- h , t, A.

Any firearm relinquished in accordance with the e u g e b l Extreme Risk Firearm Protection Order Act shall be returned to e e h n d d i = = o h the respondent within ten days following the expiration or l ] b ,d i a º e termination of an extreme risk firearm protection order.

r i = r t e w d B.

A respondent shall not be required to acquire many acourt norder ogranting dthe mreturn :of relinquished firearms.

b e d s º o t n = .217276.5AIC February 7, 2020 (4:33pm) s k m e - 15 - e a n e d r e l u [ A d SJC/SB 5 any court order granting the return of relinquished firearms.

Upon written request of the respondent, the law enforcement agency storing a firearm shall transfer possession of the respondent's firearm to a federally licensed firearms dealer or lawful private party purchaser SJC/SB 5 Page 15 designated by the respondent;

provided that the transfer is the result of a sale, that the transferee is the actual owner of the firearm thereafter and, except in the case of a federally licensed firearms dealer, the law enforcement agency has conducted a national criminal records check and determined that the transferee is not prohibited from possessing a firearm pursuant h to state or federal law.

u » r E.

No fee shall be charged for background checks t h g e required pursuant to Subsections C and D of this section.

l i h r i s F.

The law enforcement agency transferring h , e h possession of a firearm to a transferee shall notify the t u g e b l transferee that it is unlawful to transfer or return the e e , gh n d d i = = o h firearm to the respondent while the extreme risk firearm l ] b ,d i a º r protection order is in effect.

A transferee who violates this e r = t e w d subsection is guilty of a misdemeanor and may be punished mpursuant ato nSection o31-19-1 dNMSA m1978. :

b r e t º o t n = .217276.5AIC February 7, 2020 (4:33pm) s k m e - 16 - e a n e d r e l u [ A d SJC/SB 5 pursuant to Section 31-19-1 NMSA 1978.

LIABILITY--LAW ENFORCEMENT OFFICERS.--The immunity granted pursuant to Subsection A of Section [5-14-4 NMSA 1953] 41-4-4 NMSA 1978 does not apply to liability for personal injury, bodily injury, wrongful death or property damage resulting from assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, defamation of character, violation of property rights, failure SJC/SB 5 Page 16 to comply with duties established pursuant to statute or law or deprivation of any rights, privileges or immunities secured by the constitution and laws of the United States or New Mexico when caused by law enforcement officers while acting within the scope of their duties.

For purposes of this section, "law enforcement officer" means a public officer h vested by law with the power to maintain order, to make arrests u » r for crime or to detain persons suspected of committing a crime, t h g e whether that duty extends to all crimes or is limited to l i h r i s specific crimes." hSJC/SB ,5 ePage h17 SflºSECTION25 15.

Section 41-4-19 NMSA 1978 (being Laws t u g e b l 1976, Chapter 58, Section 17, as amended) is amended to read:

e e , gh n d d i = = o h "41-4-19.

MAXIMUM LIABILITY.-- l ] b ,d i a º r A.

Unless limited by Subsection B of this section, e r = t e w d in any action for damages against a governmental entity or a m a n o d m :

b r e t º o t n = .217276.5AIC February 7, 2020 (4:33pm) s k m e - 17 - e a n e d r e l u [ A d SJC/SB 5 public employee while acting within the scope of the employee's duties as provided in the Tort Claims Act, the liability shall not exceed:

(1) the sum of two hundred thousand dollars ($200,000) for each legally described real property for damage to or destruction of that legally described real property arising out of a single occurrence;

(2) the sum of [three hundred thousand dollars ($300,000)] one million dollars ($1,000,000) for all past and future medical and medically related expenses arising out of a single occurrence;

and (3) the sum of [four hundred thousand dollars ($400,000)] one million dollars ($1,000,000) to any person for any number of claims arising out of a single occurrence for all damages other than real property damage and medical and medically related expenses as permitted under the Tort Claims h Act.

u » r t h B.

The total liability for all claims pursuant to g e l i Paragraphs (1) and (3) of Subsection A of this section that h r i s arise out of a single occurrence shall not exceed [seven h , e h t u g hundred fifty thousand dollars ($750,000)] two million dollars e b l e e , gh ($2,000,000).

n d d i = = o h C.

Interest shall be allowed on judgments against a l ] b ,d i a º r e r = governmental entity or public employee for a tort for which t e w d m a n o immunity has been waived under the Tort Claims Act at a rate d m :

b r e t º o t n = .217276.5AIC February 7, 2020 (4:33pm) s k m e - 18 - e a n e d r e l u [ A d SJC/SB 5 equal to two percentage points above the prime rate as published in the Wall Street Journal on the date of the entry of the judgment.

Interest shall be computed daily from the date of the entry of the judgment until the date of payment.

D.

No judgment against a governmental entity or public employee for any tort for which immunity has been waived under the Tort Claims Act shall include an award for exemplary or punitive damages or for interest prior to judgment."»Sfl - 19 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .217276.5AIC February 7, 2020 (4:33pm) s k m e e a n e d r e l u [ A d