H2227B3344A07721 PWK:NLG 06/18/18 #90 A07721
AMENDMENTS TO HOUSE BILL NO. 2227
Sponsor: REPRESENTATIVE STEPHENS
Printer's No. 3344
Amend Bill, page 1, lines 1 through 7, by striking out all of
said lines and inserting
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; in community and
municipal courts, further providing for masters; and adding
provisions relating to extreme risk protection orders.
Amend Bill, page 1, lines 10 through 19; pages 2 through 19,
lines 1 through 30; page 20, lines 1 through 14; by striking out
all of said lines on said pages and inserting
Section 1. Section 6105(a)(2), (a.1) and (f)(4)(i) of Title
18 of the Pennsylvania Consolidated Statutes are amended and
subsection (c) is amended by adding paragraphs to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
(a) Offense defined.--
* * *
(2) (i) A person who is prohibited from possessing,
using, controlling, selling, transferring or
manufacturing a firearm under paragraph (1) or subsection
(b) or (c) shall have a reasonable period of time, not to
exceed 60 days from the date of the imposition of the
disability under this subsection, in which to sell or
transfer that person's firearms to another eligible
person who is not a member of the prohibited person's
household.
(ii) This paragraph shall not apply to any person
whose disability is imposed pursuant to subsection (c)(6)
or (10).
(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),
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known as The Controlled Substance, Drug, Device and Cosmetic
Act, or any equivalent Federal statute or equivalent statute
of any other state, who violates subsection (a) commits a
felony of the second degree.
(1.1) The following shall apply:
(i) A person convicted of a felony enumerated under
subsection (b) or a felony under The Controlled
Substance, Drug, Device and Cosmetic Act, or any
equivalent Federal statute or equivalent statute of any
other state, who violates subsection (a) commits a felony
of the first degree if:
(A) at the time of the commission of a violation
of subsection (a), the person has previously been
convicted of an offense under subsection (a); or
(B) at the time of the commission of a violation
of subsection (a), the person was in physical
possession or control of a firearm, whether visible,
concealed about the person or within the person's
reach.
(ii) The Pennsylvania Commission on Sentencing,
under 42 Pa.C.S. § 2154 (relating to adoption of
guidelines for sentencing), shall provide for a
sentencing enhancement for a sentence imposed pursuant to
this paragraph.
(2) A person who is the subject of an active protection
from abuse order issued pursuant to 23 Pa.C.S. § 6108
(relating to relief), which order provided for the
relinquishment of firearms, other weapons or ammunition
during the period of time the order is in effect, commits a
misdemeanor of the [first] second degree if he intentionally
or knowingly fails to relinquish a firearm, other weapon or
ammunition to the sheriff as required by the order unless, in
lieu of relinquishment, he provides an affidavit which lists
the firearms, other weapons or ammunition to the sheriff in
accordance with either 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2
(relating to relinquishment for consignment sale, lawful
transfer or safekeeping) or 6108.3 (relating to
relinquishment to third party for safekeeping).
(2.1) A person who is the subject of an extreme risk
protection order issued pursuant to 42 Pa.C.S. Ch. 64A
(relating to extreme risk protection orders) commits a
misdemeanor of the second degree if he intentionally or
knowingly fails to relinquish a firearm or firearms license
as required by the order.
(3) (i) A person commits a misdemeanor of the third
degree if he intentionally or knowingly accepts
possession of a firearm, other weapon or ammunition from
a person he knows is the subject of an active protection
from abuse order issued pursuant to 23 Pa.C.S. § 6108,
which order provided for the relinquishment of the
firearm, other weapon or ammunition during the period of
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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 order issued pursuant to 42
Pa.C.S. Ch. 64A.
(ii) This paragraph shall not apply to:
(A) a third party who accepts possession of a
firearm, other weapon or ammunition relinquished
pursuant to 23 Pa.C.S. § 6108.3; or
(B) a dealer licensed pursuant to section 6113
(relating to licensing of dealers) or subsequent
purchaser from a dealer licensed pursuant to section
6113, who accepts possession of a firearm, other
weapon or ammunition relinquished pursuant to 23
Pa.C.S. § 6108.2 or 42 Pa.C.S. Ch. 64A.
(4) It shall be an affirmative defense to any
prosecution under paragraph (3) that the person accepting
possession of a firearm, other weapon or ammunition in
violation of paragraph (3):
(i) notified the sheriff as soon as practicable that
he has taken possession; and
(ii) relinquished possession of any firearm, other
weapon or ammunition possessed in violation of paragraph
(3) as directed by the sheriff.
(5) A person who has accepted possession of a firearm,
other weapon or ammunition pursuant to 23 Pa.C.S. § 6108.3 or
a firearm or firearms license pursuant to 42 Pa.C.S. Ch. 64A
commits a misdemeanor of the [first] second degree if he
intentionally or knowingly returns a firearm, other weapon or
ammunition to a defendant or respondent or intentionally or
knowingly allows a defendant or respondent to have access to
the firearm, other weapon or ammunition prior to [either] any
of the following:
(i) The sheriff accepts return of the safekeeping
permit issued to the party pursuant to 23 Pa.C.S. §
6108.3(d)(1)(i).
(ii) The issuance of a court order pursuant to
subsection (f)(2) or 23 Pa.C.S. § 6108.1(b) (relating to
return of relinquished firearms, other weapons and
ammunition and additional relief) which modifies a valid
protection from abuse order issued pursuant to 23 Pa.C.S.
§ 6108, which order provided for the relinquishment of
the firearm, other weapon or ammunition by allowing the
defendant to take possession of the firearm, other weapon
or ammunition that had previously been ordered
relinquished.
(iii) The expiration of an extreme risk protection
order or the issuance of a court order that vacates or
terminates an extreme risk protection order under 42
Pa.C.S. Ch. 64A.
* * *
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(c) Other persons.--In addition to any person who has been
convicted of any offense listed under subsection (b), the
following persons shall be subject to the prohibition of
subsection (a):
* * *
(10) A person who is the subject of an active extreme
risk protection order issued pursuant to 42 Pa.C.S. Ch. 64A.
This prohibition shall terminate upon the vacation,
expiration or termination of an active extreme risk
protection order.
(11) A person who has been convicted of an offense under
subsection (a.1)(2.1) or (5). This prohibition shall
terminate five years after the date of conviction, final
release from confinement or final release from supervision,
whichever is later.
* * *
(f) Other exemptions and proceedings.--
* * *
(4) (i) The owner of any seized or confiscated firearms
or of any firearms ordered relinquished under 23 Pa.C.S.
§ 6108 or 42 Pa.C.S. Ch. 64A shall be provided with a
signed and dated written receipt by the appropriate law
enforcement agency. This receipt shall include, but not
limited to, a detailed identifying description indicating
the serial number and condition of the firearm. In
addition, the appropriate law enforcement agency shall be
liable to the lawful owner of said confiscated, seized or
relinquished firearm for any loss, damage or substantial
decrease in value of said firearm that is a direct result
of a lack of reasonable care by the appropriate law
enforcement agency.
* * *
Section 2. Section 1126 of Title 42 is amended to read:
§ 1126. Masters.
The President Judge of the Philadelphia Municipal Court may
appoint attorneys who are members of the Pennsylvania Bar to
serve as masters in proceedings under 23 Pa.C.S. Ch. 61
(relating to protection from abuse) or 42 Pa.C.S. Ch. 64A
(relating to extreme risk protection orders).
Section 3. Title 42 is amended by adding a chapter to read:
CHAPTER 64A
EXTREME RISK PROTECTION ORDERS
Sec.
64A01. Scope of chapter.
64A02. Definitions.
64A03. Preliminary matters.
64A04. Petition for extreme risk protection order.
64A05. Interim extreme risk protection order.
64A06. Hearing on petition.
64A07. Notice to law enforcement.
64A08. Service.
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64A09. Order after hearing.
64A10. Termination hearing.
64A11. Renewal of order.
64A12. Relinquishment of firearms.
64A13. Return of firearms.
64A14. Abuse of process.
64A15. Mental health and chemical dependency services.
§ 64A01. Scope of chapter.
This chapter relates to extreme risk protection orders.
§ 64A02. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Court." A Court of Common Pleas in this Commonwealth.
"Extreme risk protection order." A court order prohibiting a
person from having in the person's possession or control,
purchasing or receiving or attempting to purchase or receive, a
firearm, based upon a finding that the person presents a risk of
suicide or of causing the death of, or serious bodily injury to,
another person.
"Family or household member." Spouses or persons who have
been spouses, persons living as spouses or who lived as spouses,
parents and children, other persons related by consanguinity or
affinity, current or former sexual or intimate partners or
persons who share biological parenthood.
"Firearm." A weapon designed to or that may readily be
converted to expel a projectile by the action of an explosive or
the frame or receiver of such weapon.
"Firearms dealer" or "dealer." A person licensed to sell
firearms under 18 Pa.C.S. § 6113 (relating to licensing of
dealers).
"Firearms license" or "license." A concealed carry license
issued under 18 Pa.C.S. § 6109 (relating to licenses),
safekeeping license issued under 23 Pa.C.S. § 6108.3 (relating
to relinquishment to third party for safekeeping), hunting
license required under 34 Pa.C.S. § 2701 (relating to license
requirements) or any similar license issued pursuant to the laws
of another state.
"Hearing officer." A magisterial district judge, judge of
the Philadelphia Municipal Court, arraignment court magistrate
appointed under section 1123 (relating to jurisdiction and
venue), master appointed under section 1126 (relating to
masters) and master for emergency relief.
"Law enforcement officer." An officer of the United States,
of another state or political subdivision thereof or of the
Commonwealth or political subdivision thereof, who is empowered
by law to conduct investigations of or to make an arrest for an
offense enumerated in this chapter or an equivalent crime in
another jurisdiction and an attorney authorized by law to
prosecute or participate in the prosecution of such offense.
"Serious bodily injury." Bodily injury that creates a
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substantial risk of death or causes serious, permanent
disfigurement or protracted loss or impairment of the function
of a bodily member or organ.
§ 64A03. Preliminary matters.
(a) Standing.--A law enforcement officer or a family or
household member of a person believed to present a risk of
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.
(b) Filing fee.--No filing fee may be charged for a petition
under this chapter.
(c) Effect of service.--An extreme risk protection order is
effective at the time of service.
(d) Right to counsel.--A respondent under this chapter shall
have the right to be represented by counsel. If the respondent
cannot afford an attorney and meets the income guidelines
applicable to representation by a public defender in a criminal
case, the court shall appoint counsel upon the request of the
respondent.
§ 64A04. Petition for extreme risk protection order.
(a) Petition.--A petition for an extreme risk protection
order shall set forth facts that demonstrate the risk presented
by the respondent's ability to purchase firearms or have
possession or control of firearms, and shall describe the
number, types and locations of any firearms known or believed to
be owned by the respondent or known or believed to be in the
respondent's possession or control. If the court is closed or is
unavailable during the business day, a petition may be filed
with a hearing officer.
(b) Evidence of risk.--The court or hearing officer may
consider all relevant evidence, but in no case shall an order be
issued under this chapter absent a demonstration of risk due to
behaviors or events occurring in the preceding 24 months.
(c) Factors.--In determining whether grounds exist to issue
an extreme risk protection order, the court or hearing officer
shall consider evidence of the following and the recency of any
behaviors or events:
(1) Suicide threats or attempts.
(2) Threats or acts of violence or attempted acts of
violence.
(3) Domestic abuse, including any violation of a
protection from abuse order, under 23 Pa.C.S. Ch. 61
(relating to protection from abuse) or a similar law in
another state.
(4) Cruelty to animals under 18 Pa.C.S. Ch. 55 Subch. B
(relating to cruelty to animals) or a similar law in another
state.
(5) Abuse of controlled substances or alcohol, or any
criminal offense that involves controlled substances or
alcohol.
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(6) Unlawful or reckless use, display or brandishing of
a firearm.
(7) Recent acquisition or attempted acquisition of a
firearm.
(8) The possession, use or control of a firearm as a
part of the respondent's employment.
(9) Any additional information the court finds to be
reliable, including a statement by the respondent.
§ 64A05. Interim extreme risk protection order.
(a) Rule.--The court or hearing officer reviewing a petition
shall issue an interim extreme risk protection order if it
finds, by a preponderance of the evidence, that:
(1) the respondent presents a risk of suicide or of
causing the death of, or serious bodily injury to, another
person; and
(2) the risk is imminent and other circumstances that
would make it safe to proceed by ordering a hearing under
section 64A06 (relating to hearing on petition) without
issuing an interim extreme risk protection order do not
exist.
(b) Contents of order.--An interim extreme risk protection
order shall include:
(1) The date and time the order was issued.
(2) Instructions for relinquishment of any firearm or
firearms license that the respondent owns or that is in the
respondent's possession or control.
(3) Notification of the penalties for violating the
order.
(4) If the order was issued by a court and a hearing is
scheduled under subsection (d), the order shall include:
(i) notice of the time, date and location of the
hearing;
(ii) notice of the right to request a continuance,
and instructions on requesting a continuance or waiving
the hearing;
(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; and
(iv) notice of the right to an attorney under
section 64A03 (relating to preliminary matters).
(5) If the order was issued by a hearing officer, the
order shall include notice of the date upon which the order
will expire.
(c) Duration.--An interim extreme risk protection order
issued by a hearing officer shall expire at the end of the next
business day the court deems itself available. An interim
extreme risk protection order issued by a court shall be in
effect until following a hearing it is either vacated or
terminated.
(d) Hearing following interim order.--If the court orders an
interim extreme risk protection order under subsection (a), the
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court shall schedule a hearing on the petition to be held no
more than 10 days from the date of the order.
(e) Request for continuance.--The respondent may request a
continuance on a hearing scheduled to take place after the
issuance of an interim order, which the court shall grant. No
hearing shall be continued except with the consent of the
respondent.
§ 64A06. Hearing on petition.
(a) Rule.--Upon reviewing a petition filed under section
64A04 (relating to petition for extreme risk protection order),
the court may issue an order for a hearing on the petition,
which shall be scheduled to be held no more than 10 days from
the date of the petition.
(b) Request for continuance.--If the hearing is scheduled to
take place fewer than three business days after service of the
order, the court shall grant a continuance until at least three
business days after service, if requested by the respondent. The
court shall notify the respondent of the respondent's right to a
continuance under this subsection.
(c) Failure to appear.--If the respondent waives the right
to be present at a hearing or fails to appear for a hearing on a
petition scheduled under this section, the court may proceed
with the hearing and may issue an extreme risk protection order
in the respondent's absence.
§ 64A07. Notice to law enforcement.
(a) Notice.--The court or hearing officer issuing an extreme
risk protection order, an order for a hearing, or an order
renewing, vacating or terminating an extreme risk protection
order shall cause a copy of the order to be delivered to the
sheriff, the local law enforcement agency and the Pennsylvania
State Police.
(b) Entry into database.--Upon receipt of an extreme risk
protection order or an order renewing, vacating or terminating
an extreme risk protection order, the Pennsylvania State Police
shall cause the order to be entered into the appropriate
database so that notice of the order is provided through the
Pennsylvania Instant Check System and the Federal Bureau of
Investigation National Instant Criminal Background Check System.
§ 64A08. Service.
(a) Service.--Service of an extreme risk protection order or
an order for a hearing shall be made in person by the sheriff or
a law enforcement officer, as directed by the court or hearing
officer issuing the order. At the time of service, the sheriff
or law enforcement officer shall provide the respondent with a
copy of the petition.
(b) Return.--Immediately upon completion of service of an
extreme risk protection order, the sheriff or law enforcement
officer completing service shall make a return of service to the
court and shall provide a copy of the return of service to the
petitioner.
§ 64A09. Order after hearing.
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(a) Hearing and order.--The court shall issue an extreme
risk protection order after conducting a hearing ordered under
section 64A05 (relating to interim extreme risk protection
order) or 64A06 (relating to hearing on petition), or after the
respondent waives the right to a hearing under section 64A05, if
the court finds by clear and convincing evidence that the
respondent presents a risk of suicide or of causing the death
of, or serious bodily injury to, another person.
(b) Duration.--An extreme risk protection order issued after
a hearing shall be made effective for no less than three months
nor more than one year.
(c) Contents of order.--The order shall include:
(1) The date and time the order was issued.
(2) The time frame and manner in which the respondent
may request a termination hearing.
(3) Instructions for relinquishment of any firearm that
the respondent owns or that is in the respondent's possession
or control, and any firearms license that is issued to the
respondent.
(4) Notification of the penalties for violating the
order.
§ 64A10. Termination hearing.
(a) General rule.--A respondent subject to an extreme risk
protection order may submit one written request at any time
during the effective period of the order for a hearing to
determine whether the order should be terminated.
(b) Notice.--Upon receipt of a request for a termination
hearing, the court shall set a date for the hearing and shall
provide notice of the hearing to the petitioner, the local law
enforcement agency and the Pennsylvania State Police.
(c) Burden of proof.--At a termination hearing, the
respondent seeking termination of the order shall have the
burden of proving, by clear and convincing evidence, that the
respondent does not present a risk of suicide or of causing the
death of, or serious bodily injury to, another person.
§ 64A11. Renewal of order.
(a) Petition.--A petition to renew an extreme risk
protection order shall set forth facts that support a renewal of
the order. The court may deny the petition based on the
information set forth in the petition or may schedule a hearing.
The court shall provide notice of the hearing to the petitioner,
the respondent, the local law enforcement agency and the
Pennsylvania State Police.
(b) Renewal of order.--If the court finds by clear and
convincing evidence, based on factors set forth under section
64A04 (relating to petition for extreme risk protection order),
that the respondent continues to present a risk of suicide or of
causing the death of, or serious bodily injury to, another
person, the court may renew 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.
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(c) Limitations.--The following shall apply:
(1) A petition under this section must be filed at least
60 days prior to the expiration of the order.
(2) A renewal hearing shall take place no later than 30
days prior to the expiration date set in an existing order.
(3) No extreme risk protection order may be renewed more
than twice under this section.
§ 64A12. Relinquishment of firearms.
(a) Rule.--An extreme risk protection order issued under
section 64A05 (relating to interim extreme risk protection
order) or section 64A09 (relating to order after hearing) shall
require the relinquishment of all firearms owned by the
respondent or in the respondent's possession or control within
24 hours following service of the order, except for cause shown,
in which case the court or hearing officer issuing the order
shall specify the time for relinquishment of any or all of the
respondent's firearms.
(b) Relinquishment upon service.--A law enforcement officer
or sheriff serving an extreme risk protection order shall
request that all firearms and any firearms license in the
respondent's possession or control be immediately relinquished
into the custody of the law enforcement officer or sheriff. A
law enforcement officer taking custody of a firearm or firearms
license under this subsection shall transfer the firearm or
firearms license to the sheriff or to a firearms dealer for
safekeeping.
(c) Subsequent relinquishment.--A respondent shall, within
the time frame specified in the order, relinquish to the sheriff
or a firearms dealer any firearm or license remaining in the
respondent's possession or control after the time of service. A
respondent relinquishing a firearm directly to a dealer shall,
within the time frame specified in the order, provide to the law
enforcement agency or sheriff a copy of the affidavit described
in subsection (f) in lieu of the firearm listed in the
affidavit. A sheriff accepting an affidavit in lieu of a firearm
shall file a copy with the court.
(d) Receipt.--A sheriff or law enforcement officer taking
custody of a firearm or license from a respondent shall provide
the respondent with a copy of a signed and dated receipt. The
receipt shall include a detailed description of each firearm and
its condition and notification that firearms will be deemed
abandoned when the conditions under 18 Pa.C.S. § 6128(a)
(relating to abandonment of firearm, weapon or ammunition) are
satisfied, and may then be disposed of in accordance with 18
Pa.C.S. § 6128. The sheriff or law enforcement officer issuing
the receipt shall file the original with the court.
(e) Transfer to firearms dealer.--A respondent whose firearm
is in the custody of a sheriff may request that the firearm be
transferred to a firearms dealer for consignment sale, lawful
transfer or safekeeping. Upon receiving the request, the sheriff
shall transport the firearm to a dealer at no cost to the
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respondent or the dealer.
(f) Affidavit.--A firearms dealer accepting custody of a
firearm under this chapter shall provide the respondent, sheriff
or law enforcement officer from which the dealer accepts custody
with an affidavit on a form prescribed by the Pennsylvania State
Police. A sheriff or law enforcement officer delivering custody
of a firearm to a dealer shall file a copy of the affidavit with
the court.
(g) Contents of affidavit.--The affidavit shall include the
following:
(1) The caption of the case in which the extreme risk
protection order was issued.
(2) The name, address, date of birth and Social Security
number of the respondent.
(3) A list of all firearms relinquished to the dealer
and a detailed description of each firearm, including its
condition and, if applicable, the manufacturer, model and
serial number.
(4) The name and license number of the dealer and the
address of the licensed premises.
(5) An acknowledgment that the dealer will not return a
firearm to the respondent while the respondent is subject to
an extreme risk protection order.
(6) An acknowledgment that the firearm, if sold or
transferred, will be sold or transferred in compliance with
18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous
articles), and that no firearm will be returned to a
respondent or any third party until the dealer has
independently confirmed that the person requesting return of
the firearm is legally eligible to possess firearms under
Federal and State law.
§ 64A13. Return of firearms.
(a) Return to respondent.--Subject to subsection (c), if,
following a hearing, a court vacates an interim extreme risk
protection order, the court shall order the immediate return of
all relinquished firearms and licenses to the respondent. Upon
termination or expiration of an extreme risk protection order,
the respondent may request that the sheriff or firearms dealer
in possession of a relinquished firearm or license return the
firearm or license. Subject to subsection (c), the sheriff or
dealer shall return the firearm or license to the respondent as
soon as possible but not later than the end of the next business
day after the day on which the respondent makes the request.
(b) Third party claims.--A third party may request the
return of a relinquished firearm at any time by providing proof
of ownership and a sworn affidavit. Proof of ownership may
consist of a statement in the affidavit. The affidavit shall
affirm the following:
(1) The third party will not intentionally or knowingly
return a firearm to a person subject to an extreme risk
protection order nor intentionally or knowingly allow a
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person subject to an extreme risk protection order to have
access to a firearm.
(2) The third party understands that intentionally or
knowingly allowing a person subject to an extreme risk
protection order to have access to a firearm constitutes a
misdemeanor of the second degree under 18 Pa.C.S. § 6105(a.1)
(relating to persons not to possess, use, manufacture,
control, sell or transfer firearms), punishable by up to two
years' imprisonment and up to a $5,000 fine and resulting in
a five-year prohibition on firearm acquisition or possession.
(3) If the third party is a member of the household of a
person who is subject to an extreme risk protection order,
that any firearm returned to the third party will be stored
either in a gun safe to which the person does not have and
will not be permitted to access, or in a location outside the
home to which the person does not have access.
(c) Background check.--Prior to returning a firearm to any
person, the sheriff or firearms dealer in possession of the
firearm shall independently confirm that the person requesting
return of the firearm is legally eligible to possess firearms
under Federal and State law. The sheriff or dealer receiving a
request under subsection (a) shall conduct the required
background check as soon as possible, but not later than the end
of the next business day after the day on which the respondent
makes the request.
§ 64A14. Abuse of process.
(a) False reporting.--A person who gives information to a
law enforcement officer knowing the information to be materially
false, or with the intent to harass another, commits an offense
under 18 Pa.C.S. § 4906 (relating to false reports to law
enforcement authorities).
(b) False swearing.--A person who files a petition for an
extreme risk protection order knowing the information in the
petition to be materially false, or with the intent to harass
another, commits an offense under 18 Pa.C.S. § 4903 (relating to
false swearing).
(c) Penalty.--A person convicted of false reporting or false
swearing under this section or determined by the court to have
acted in bad faith for the purpose of harassing the respondent
shall be ordered to pay full restitution to the respondent. For
purposes of this section, restitution shall include, but not be
limited to, reasonable attorney fees, costs of storage and other
expenses incurred by the respondent as a result of the false
reporting or false swearing.
(d) Grading.--An offense under this section shall be graded
as a misdemeanor of the second degree.
§ 64A15. Mental health and chemical dependency services.
During any proceeding under this chapter, the court shall
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
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necessary, and may order an evaluation or proceeding as it deems
necessary.
Section 4. This act shall take effect on September 1, 2018,
or immediately, whichever is later.
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See A07721 in
the context
of HB2227