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.