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MI HB4145

Bill

Status

Engrossed

4/13/2023

Primary Sponsor

Ranjeev Puri

Click for details

Origin

House of Representatives

102nd Legislature

AI Summary

Extreme Risk Protection Order Act Summary

  • Allows specified individuals (family members, law enforcement, health care providers, household members, dating partners, spouses) to petition circuit court for extreme risk protection orders to prohibit firearm possession by individuals deemed a danger to themselves or others.

  • Court must issue order by preponderance of evidence if respondent can reasonably be expected to seriously physically injure themselves or another by possessing a firearm, based on history of violence, mental health evidence, prior protective orders, weapons acquisition, substance abuse, and other specified factors.

  • Order requires restrained individual to surrender all firearms and concealed pistol licenses within 24 hours (or immediately at court discretion), with law enforcement authorized to seize firearms via search warrant if not voluntarily surrendered.

  • Orders expire after 1 year but may be extended for additional 1-year periods; restrained individual may file motions to modify or rescind (limited to one per 6-month period); violation subjects offender to up to 1 year imprisonment for first offense and up to 5 years for subsequent violations.

  • Requires annual reporting by state court administrative office on number of orders filed, issued, denied, rescinded, renewed, and demographic data on petitioners and respondents; data made available to researchers studying impact including potential discriminatory effects.

Legislative Description

Civil procedure: injunctions; extreme risk protection order act; enact. Creates new act. TIE BAR WITH: HB 4146'23, HB 4147'23

Law enforcement: law enforcement information network (LEIN)

Last Action

Referred To Committee On Civil Rights, Judiciary, And Public Safety

4/19/2023

Committee Referrals

Civil Rights, Judiciary, And Public Safety4/19/2023
Judiciary2/28/2023

Full Bill Text

No bill text available