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Senate Bill 823

Dead Senate Bill

Specifies procedures for providing notice to defendant in charging instrument and within specified time prior to trial when conviction would result in firearm prohibition.

Introduced: March 03, 2021 Updated: June 26, 2021
Quick info
Chief Sponsor(s) None listed on OLIS.
Regular Sponsor(s) Judiciary and Ballot Measure 110 Implementation
Status Dead
Session 2021 Regular Session
History

3-3 (S)

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

3-3 (S)

Referred to Judiciary and Ballot Measure 110 Implementation.

4-1 (S)

Public Hearing held.

4-16 (S)

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

4-16 (S)

Referred to Ways and Means by order of the President.

6-26 (S)

In committee upon adjournment.

Overview

  • Specifies procedures for providing notice to defendant in charging instrument and within specified time prior to trial when conviction would result in firearm prohibition.

Key provisions

  • Specifies procedures for providing notice to defendant in charging instrument and at arraignment within specified time prior to trial 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 in judgment of conviction concerning possession of 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

  • Effective date not specified in the OLIS summary.

Exceptions / carve-outs

  • No specific exceptions noted in the OLIS summary.
Other bills from 2021 Regular Session
  • Requires person to secure firearm with trigger or cable lock, in locked container or in gun room except in specified circumstances.

  • 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.

  • Prohibits transfer of firearm by gun dealer or private party if Department of State Police is unable to determine whether recipient is qualified to receive firearm.

  • Creates credit against personal income tax for cost of criminal history record check required by state law for transfer of firearm.

  • Repeals statute creating state preemption of local firearm regulation and statutes creating exceptions to preemption.