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MI SB0083

Bill

Status

Passed

5/23/2023

Primary Sponsor

Mallory McMorrow

Click for details

Origin

Senate

102nd Legislature

AI Summary

Extreme Risk Protection Order Act - SB 0083 Summary

  • Establishes the "Extreme Risk Protection Order Act" allowing specified individuals (family members, law enforcement officers, health care providers, current/former intimate partners) to petition courts to prohibit individuals from possessing or purchasing firearms when they pose a danger to themselves or others.

  • Requires courts to issue orders if preponderance of evidence shows the respondent can reasonably be expected to intentionally or unintentionally seriously physically injure themselves or another by possessing a firearm, and has engaged in acts or made significant threats supporting this expectation.

  • Mandates immediate surrender of firearms within 24 hours (or immediately if ordered by court) and authorizes law enforcement seizure through anticipatory search warrants; seized firearms are retained by law enforcement until order expiration unless prohibited for other reasons.

  • Establishes criminal penalties for violations: up to 1 year imprisonment for first violation, up to 4 years for second, and up to 5 years for third or subsequent violations; also makes knowingly providing firearms to restrained individuals a felony.

  • Creates one-year orders with provisions for extension, allows restrained individuals limited motions to rescind, and requires annual reporting by state court administrative office on order issuance, denials, rescissions, and demographic data on petitioners and respondents.

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

Assigned Pa 0038'23

5/23/2023

Committee Referrals

Judiciary3/21/2023
Civil Rights, Judiciary, And Public Safety2/16/2023

Full Bill Text

No bill text available