Skip to main content

Senate Bill 1546

Dead Senate Bill

Specifies procedures for providing notice to defendant in charging instrument and at arraignment when conviction would result in firearm prohibition.

Introduced: January 27, 2020 Updated: March 08, 2020
Quick info
Chief Sponsor(s) None listed on OLIS.
Regular Sponsor(s) Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with presession filing rules, indicating neither advocacy nor opposition on the part of the President.
Status Dead
Session 2020 Regular Session
History

1-27 (S)

Presession Released to the Public.

2-3 (S)

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

2-3 (S)

Referred to Judiciary.

2-5 (S)

Public Hearing held.

2-13 (S)

Recommendation: Do pass with amendments and be referred to Ways and Means. (Printed A-Eng.)

2-13 (S)

Referred to Ways and Means by order of the President.

2-19 (S)

Assigned to Subcommittee On Public Safety.

2-25 (S)

Work Session held.

2-25 (S)

Returned to Full Committee.

3-3 (S)

Recommendation: Do pass with amendments to the A-Eng. bill. (Printed B-Eng.)

3-8 (S)

At Desk upon adjournment.

Overview

  • Specifies procedures for providing notice to defendant in charging instrument and at arraignment when conviction would result in firearm prohibition.

Key provisions

  • Specifies procedures for providing notice to defendant in charging instrument and at arraignment when conviction would result in firearm prohibition.
  • Specifies procedures for proving nature of relationship between defendant and alleged victim for certain crimes.
  • Directs court to make determination concerning relationship and enter order prohibiting defendant from possessing firearms.
  • Directs court to notify Department of State Police and county sheriff concerning prohibition order for entry into databases.
  • Appropriates moneys to department to fund entry of order into Law Enforcement Data System.
  • Requires law enforcement agency to directly notify restraining order petitioner, instead of Department of Justice, when respondent requests return of firearm or ammunition.

Penalties / enforcement

  • Specifies procedures for proving nature of relationship between defendant and alleged victim for certain crimes.

Effective date / timeline

  • Declares emergency, effective on passage.

Exceptions / carve-outs

  • Exempts from definition of “commercial motor vehicle” emergency vehicles operated by police officers.
  • Creates exception to 28-day time limit for detention of youth if request for waiver hearing is pending.
Other bills from 2020 Regular Session
  • Requires owner or possessor of firearm to secure firearm with trigger or cable lock, in locked container or in gun room except in specified circumstances.

  • Authorizes city, county, metropolitan service district, school district, college or university to adopt ordinance or policy limiting or precluding affirmative defense for possession of firearms in public buildings by concealed handgun licensees.