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Senate Bill 719

Enacted Senate Bill

Creates process for obtaining extreme risk protection order prohibiting person from possessing deadly weapon when court finds that person presents risk in near future, including imminent risk, of suicide or causing injury to another person.

Introduced: February 07, 2017 Updated: August 23, 2017
Quick info
Chief Sponsor(s) None listed on OLIS.
Regular Sponsor(s) Judiciary
Status Enacted
Session 2017 Regular Session
History

2-7 (S)

Introduction and first reading. Referred to President's desk.

2-8 (S)

Referred to Judiciary.

4-26 (S)

Recommendation: Do pass with amendments. (Printed A-Eng.)

4-27 (S)

Second reading.

5-1 (S)

Third reading. Carried by Boquist, Burdick. Passed. Ayes, 17; nays, 11--DeBoer, Ferrioli, Girod, Hansell, Johnson, Knopp, Kruse, Linthicum, Olsen, Thatcher, Thomsen; excused, 2--Baertschiger Jr, Winters.

5-2 (H)

First reading. Referred to Speaker's desk.

5-9 (H)

Referred to Rules.

7-5 (H)

Recommendation: Do pass.

7-5 (H)

Second reading.

7-6 (H)

Third reading. Carried by Williamson. Passed. Ayes, 31; Nays, 28--Barker, Barreto, Bentz, Buehler, Clem, Esquivel, Hack, Hayden, Heard, Huffman, Johnson, Kennemer, Lewis, McLane, Nearman, Noble, Olson, Parrish, Post, Reschke, Smith DB, Smith G, Sprenger, Stark, Vial, Whisnant, Wilson, Witt; Excused, 1--Boone.

7-6 (H)

Vote explanation(s) filed by Evans.

7-18 (S)

President signed.

7-18 (H)

Speaker signed.

8-15 (S)

Governor signed.

8-23 (S)

Chapter 737, 2017 Laws.

8-23 (S)

Effective date, January 1, 2018.

Overview

  • Creates process for obtaining extreme risk protection order prohibiting person from possessing deadly weapon when court finds that person presents risk in near future, including imminent risk, of suicide or causing injury to another person.

Key provisions

  • Establishes procedures for respondent to request hearing, and for continuance of order after hearing or if hearing is not requested.
  • Establishes procedures for termination and renewal of order.
  • Requires court to order respondent to surrender deadly weapons and concealed handgun license within 24 hours of service of initial order, and immediately upon service of continued or renewed order.
  • Permits service upon attorney or party in juvenile dependency proceeding by electronic mail or electronic service through court’s electronic filing system.
  • Prescribes how proof of service is to be made when service is by facsimile communication device, electronic mail or electronic service.

Penalties / enforcement

  • Establishes procedures for law enforcement officer or family or household member of person to apply for order.
  • Provides for law enforcement officer serving order to request immediate surrender of deadly weapons and concealed handgun license and authorizes law enforcement officer to take possession of surrendered items.
  • Allows respondent to surrender deadly weapons to gun dealer or third party in lieu of law enforcement officer.
  • Punishes violation of order, or false application for order, by maximum of one year’s imprisonment, $6,250 fine, or both.

Effective date / timeline

  • Not specified in the OLIS summary.

Exceptions / carve-outs

  • Not specified in the OLIS summary.
Other bills from 2017 Regular Session
  • Creates exception allowing use of unmanned aircraft system capable of firing bullet or projectile in certain circumstances.

  • Repeals requirement that person engaged in business of selling, leasing or otherwise transferring firearms record in register purchase or acceptance in trade of used firearm and provide copy of record to law enforcement agency.

  • Directs Department of Justice to create and maintain list of states that recognize Oregon concealed handgun licenses and require handgun competency to obtain concealed handgun license that is similar to competency required in Oregon.

  • Creates crime of endangering a minor by allowing access to a firearm.

  • Requires person that engages in business in this state, on premises onto which person permits members of public to enter, to post in prominent location outside entry to premises sign that states person's policy with respect to permitting individuals who have license to carry concealed handgun to carry firearm onto premises.