Text of NE LB 482 (2024)

LEGISLATURE OF NEBRASKA ONE HUNDRED EIGHTH LEGISLATURE FIRST SESSION LEGISLATIVE BILL 482 Introduced by Raybould, 28. Read first time January 17, 2023 Committee: A BILL FOR AN ACT relating to firearms; to amend sections 69-2406, 1 69-2407, and 69-2439, Reissue Revised Statutes of Nebraska, and 2 section 25-2740, Revised Statutes Cumulative Supplement, 2022; to 3 adopt the Suicide Risk Protection Order Act; to harmonize 4 provisions; and to repeal the original sections. 5 Be it enacted by the people of the State of Nebraska, 6 LB482 2023 LB482 2023 -1- Section 1. Sections 1 to 17 of this act shall be known and may be 1 cited as the Suicide Risk Protection Order Act. 2 Sec. 2. For purposes of the Suicide Risk Protection Order Act: 3 (1) Ex parte suicide risk protection order means a temporary 4 protection order issued on an ex parte basis under section 5 of this act; 5 (2) Family or household member includes spouses or former spouses, 6 children, persons who are presently residing together or who have resided 7 together in the past, persons who have a child in common whether or not 8 they have been married or have lived together at any time, other persons 9 related by consanguinity or affinity, and persons who are presently 10 involved in a dating relationship with each other or who have been 11 involved in a dating relationship with each other. For purposes of this 12 subdivision, dating relationship means frequent, intimate associations 13 primarily characterized by the expectation of affectional or sexual 14 involvement, but does not include a casual relationship or an ordinary 15 association between persons in a business or social context; 16 (3) Final suicide risk protection order means an order issued under 17 section 4 of this act or an ex parte suicide risk protection order that 18 is deemed final under section 5 of this act and includes renewals of such 19 orders; 20 (4) Firearm has the same meaning as in section 28-1201; 21 (5) Firearm permit means a permit to carry a concealed handgun 22 issued under the Concealed Handgun Permit Act, a certificate issued under 23 section 69-2404, or any other permit, certificate, or written 24 authorization under the laws of this state or another jurisdiction that 25 authorizes the purchase, receipt, possession, or concealment of a 26 firearm; 27 (6) Law enforcement agency means the police department or town 28 marshal in incorporated municipalities, the office of the sheriff in 29 unincorporated areas, and the Nebraska State Patrol; 30 (7) Law enforcement officer means any officer or employee of a law 31 LB482 2023 LB482 2023 -2- enforcement agency authorized by law to make arrests; 1 (8) Petitioner means the person who petitions for a suicide risk 2 protection order; and 3 (9) Respondent means the person who is identified as the respondent 4 in a petition filed under the act. 5 Sec. 3. (1) Beginning January 1, 2024, a law enforcement agency or 6 law enforcement officer may file a petition for a suicide risk protection 7 order. 8 (2) A petition for a suicide risk protection order shall be filed 9 with the clerk of the district court of the county where the respondent 10 resides, and the proceeding may be heard by the county court or the 11 district court as provided in section 25-2740. A petition may not be 12 withdrawn except upon order of the court. 13 (3) A petition for a suicide risk protection order shall: 14 (a) Allege that the respondent poses a significant risk of causing 15 personal injury to self or others by having in the respondent's custody 16 or control, purchasing, possessing, or receiving a firearm; 17 (b) Be accompanied by an affidavit made under oath stating the 18 specific statements, actions, or facts that give rise to a reasonable 19 fear of future dangerous acts by the respondent; 20 (c) Identify the number, types, and locations of any firearms the 21 petitioner believes to be in the respondent's current ownership, 22 possession, custody, or control; 23 (d) If known by the petitioner, identify any existing harassment 24 protection order, sexual assault protection order, domestic violence 25 protection order, or other similar protection order governing the 26 respondent, whether from this state or another jurisdiction; 27 (e) Identify any relevant pending lawsuit, complaint, petition, or 28 other action against the respondent under the laws of Nebraska or any 29 other jurisdiction; and 30 (f) In the case of a petition filed by a law enforcement agency, 31 LB482 2023 LB482 2023 -3- state the agency's address of record, and in the case of a petition filed 1 by a law enforcement officer, state the address of the law enforcement 2 agency employing such officer. 3 (4) The court shall verify the terms of any existing Nebraska court 4 order governing the respondent and, if reasonably practicable, the terms 5 of any such existing court order from another jurisdiction. The court 6 shall not delay granting relief in order to verify the terms of an 7 existing order. 8 (5) The petitioner shall make a good faith effort to provide notice 9 to any known family or household member of the respondent who may be at 10 risk of violence and to any known third party who may be at risk of 11 violence. If such family or household member or third party is a minor, 12 notice to such minor's parent or guardian, other than the respondent, 13 shall be sufficient. The notice shall state that the petitioner intends 14 to petition the court for a suicide risk protection order or has already 15 done so, and include referrals to appropriate resources, including mental 16 health, domestic violence, and counseling resources. The petitioner shall 17 attest in the petition to having provided such notice or attest to the 18 steps that will be taken to provide such notice. 19 (6) No fees for filing or service of process shall be charged by a 20 court or any public agency to petitioners seeking relief under the 21 Suicide Risk Protection Order Act, except that a court may assess such 22 fees and costs if the court finds, by clear and convincing evidence, that 23 the statements contained in the petition were false and that the suicide 24 risk protection order was sought in bad faith. 25 (7) Petitioners shall be provided the necessary number of certified 26 copies, forms, and instructional brochures free of charge. 27 (8) A petitioner shall not be required to post a bond to obtain 28 relief in any proceeding under the Suicide Risk Protection Order Act. 29 Sec. 4. (1) If a suicide risk protection order is not issued ex 30 parte under section 5 of this act, upon receipt of the petition, the 31 LB482 2023 LB482 2023 -4- court shall immediately schedule an evidentiary hearing to be held within 1 fourteen days after the filing of the petition, and the court shall cause 2 notice of the hearing to be given to the petitioner and the respondent. 3 The clerk of the district court shall cause a copy of the notice of 4 hearing and petition to be forwarded on or before the next judicial day 5 to the appropriate law enforcement agency for service upon the 6 respondent. Service issued under this section takes precedence over the 7 service of other documents, unless the other documents are of a similar 8 emergency nature. 9 (2) Subject to court rules, a hearing under the Suicide Risk 10 Protection Order Act, including an evidentiary hearing, may be held 11 telephonically or by videoconferencing or similar means at any location 12 within the judicial district as ordered by the court and in a manner that 13 ensures the preservation of an accurate record, when doing so is 14 necessary to reasonably accommodate a disability or in exceptional 15 circumstances to protect a petitioner or witness from potential harm. The 16 court shall require assurances of the identity of the petitioner and any 17 witness before conducting a hearing in such manner. 18 (3) Upon hearing the matter, if the court finds by a preponderance 19 of the evidence that the respondent poses a significant risk of causing 20 personal injury to self or others by having in the respondent's custody 21 or control, purchasing, possessing, or receiving a firearm, the court 22 shall issue a suicide risk protection order that shall be effective for 23 one year. 24 (4) In determining whether grounds for issuing a suicide risk 25 protection order exist, the court may consider any relevant evidence, 26 including, but not limited to: 27 (a) A recent act or threat of violence by the respondent against 28 self or others, whether or not such violence or threat of violence 29 involves a firearm; 30 (b) A pattern of acts or threats of violence by the respondent, 31 LB482 2023 LB482 2023 -5- including, but not limited to, acts or threats of violence by the 1 respondent against self or others; 2 (c) Evidence of the respondent being seriously mentally ill or 3 having recurring mental health issues; 4 (d) A violation by the respondent of a harassment protection order, 5 sexual assault protection order, domestic violence protection order, or 6 other similar protection order, whether from this state or another 7 jurisdiction; 8 (e) The existence of any previous or current suicide risk protection 9 order issued against the respondent, whether from this state or another 10 jurisdiction, and whether the respondent has violated such order; 11 (f) Whether the respondent has been civilly committed under the 12 Nebraska Mental Health Commitment Act, the Sex Offender Commitment Act, 13 section 29-1823, sections 29-3701 to 29-3704, or under any other similar 14 law of this state or another jurisdiction; 15 (g) Whether the respondent, in this state or any other jurisdiction, 16 has been convicted of, had adjudication withheld or deferred on, or pled 17 nolo contendere to a crime in which any victim was a family or household 18 member of the respondent; 19 (h) The respondent's ownership of, access to, or intent to possess 20 firearms; 21 (i) The unlawful or reckless use, display, or brandishing of a 22 firearm by the respondent; 23 (j) The history of use, attempted use, or threatened use of physical 24 force by the respondent against another person; 25 (k) Any history of stalking by the respondent; 26 (l) Whether the respondent, in this state or any other jurisdiction, 27 has been arrested for, convicted of, had adjudication withheld or 28 deferred on, or pled nolo contendere to a crime involving violence or a 29 threat of violence; 30 (m) Corroborated evidence of the abuse of controlled or intoxicating 31 LB482 2023 LB482 2023 -6- substances or alcohol by the respondent; 1 (n) Evidence of recent acquisition of firearms by the respondent; 2 (o) Evidence of the respondent's oral or written statement of hatred 3 for or animus toward any person or group, including because of the actual 4 or perceived race, color, religion, ancestry, national origin, gender, 5 gender expression, gender identity, sexual orientation, age, disability, 6 citizenship status, military status, or political affiliation of any 7 person or group or because of a person's or group's association with a 8 person or group of any such classification or status; and 9 (p) Evidence that the respondent has previously acted or may act in 10 a threatening manner towards a peace officer or other public safety 11 officer with the intent to provoke a lethal response by such officer. 12 (5) The court may: 13 (a) Examine under oath the petitioner, the respondent, and any 14 witnesses they may produce, or, in lieu of examination, consider sworn 15 affidavits of the petitioner, the respondent, and any witnesses they may 16 produce; 17 (b) Conduct a search for criminal history record information related 18 to the respondent, including sealed records; and 19 (c) Request that a criminal justice agency as defined in section 20 29-3509 conduct a search of criminal history record information related 21 to the respondent, including sealed records. In such case the court shall 22 identify the type of records to be searched. 23 (6) In a hearing under the Suicide Risk Protection Order Act, the 24 rules of evidence apply to the same extent as in proceedings for a 25 domestic protection order under the Protection from Domestic Abuse Act. 26 (7) During the hearing, the court shall consider whether a mental 27 health evaluation or substance or alcohol dependency evaluation of the 28 respondent is appropriate and, if appropriate, may order such evaluation. 29 (8) If the court issues a suicide risk protection order, such order 30 shall include: 31 LB482 2023 LB482 2023 -7- (a) A statement of the grounds supporting the issuance of the order; 1 (b) The date and time the order was issued; 2 (c) The date and time the order expires; 3 (d) Whether a mental health evaluation or substance or alcohol 4 dependency evaluation of the respondent is required; 5 (e) The address of the court in which any responsive pleading should 6 be filed; 7 (f) A description of the requirements for relinquishment of firearms 8 under section 9 of this act; and 9 (g) A statement in substantially the following form: "To (name of 10 respondent): This order will continue in effect until (date and time of 11 expiration of order). If you have not done so already, you must 12 immediately surrender to the (name of local law enforcement agency) all 13 firearms in your custody, control, or possession, any permit to carry a 14 concealed handgun issued to you under the Concealed Handgun Permit Act, 15 any certificate issued to you under section 69-2404, and any other 16 permit, certificate, or written authorization under the law of this state 17 or another jurisdiction that authorizes the purchase, receipt, 18 possession, or concealment of a firearm. While this order is in effect 19 you shall not have a firearm in your custody or control or purchase, 20 possess, receive, or attempt to purchase, possess, or receive a firearm. 21 You have the sole responsibility to avoid or refrain from violating this 22 order. Only the court can terminate this order and only upon written 23 request. You have the right to request a hearing to terminate this order 24 once during every twelve-month period that this order is in effect, 25 starting from the date of this order and continuing through any renewals. 26 You may seek the advice of an attorney as to any matter connected with 27 this order." 28 (9) When the court issues a suicide risk protection order following 29 a hearing under this section, the court shall inform the respondent that 30 the respondent is entitled to request termination of the order in the 31 LB482 2023 LB482 2023 -8- manner prescribed by section 7 of this act. The court shall provide the 1 respondent with a form to request a termination hearing. 2 (10) If the court declines to issue a suicide risk protection order, 3 the court shall state on the record the particular reasons for the 4 denial. 5 Sec. 5. (1) Beginning January 1, 2024, a law enforcement agency or 6 law enforcement officer may request that a suicide risk protection order 7 be issued ex parte to the respondent and without prior notice to the 8 respondent by including in the petition detailed allegations based on 9 personal knowledge that the respondent poses a significant risk of 10 causing personal injury to self or others in the near future by having in 11 the respondent's custody or control, purchasing, possessing, or receiving 12 a firearm. 13 (2) In considering whether to issue an ex parte suicide risk 14 protection order under this section, the court shall consider all 15 relevant evidence, including the evidence described in subsection (4) of 16 section 4 of this act. 17 (3) The court shall hold a hearing for a petition for an ex parte 18 suicide risk protection order on the day the petition is filed or on the 19 judicial day immediately following the day the petition is filed. Subject 20 to court rules, such hearing may be held telephonically or by 21 videoconferencing or similar means at any location within the judicial 22 district as ordered by the court when doing so is necessary. The court 23 shall require assurances of the identity of the petitioner and any 24 witness before conducting a hearing in such manner. 25 (4) If a court finds there is reasonable cause to believe that the 26 respondent poses a significant risk of causing personal injury to self or 27 others in the near future by having in the respondent's custody or 28 control, purchasing, possessing, or receiving a firearm, the court shall 29 issue an ex parte suicide risk protection order. The order shall contain 30 the matters required by subsection (8) of section 4 of this act. 31 LB482 2023 LB482 2023 -9- (5)(a) If a suicide risk protection order is issued ex parte, such 1 order is a temporary order and the court shall forthwith cause notice of 2 the petition and ex parte protection order to be given to the respondent. 3 The court shall also cause a form to request a show-cause hearing to be 4 served upon the respondent. If the respondent wishes to appear and show 5 cause why the order should not remain in effect, the respondent shall 6 affix the respondent's current address, telephone number, and signature 7 to the form and return it to the clerk of the district court within ten 8 business days after service upon the respondent. Upon receipt of the 9 request for a show-cause hearing, the request of the petitioner, or upon 10 the court's own motion, the court shall immediately schedule a show-cause 11 hearing, to be held no later than fourteen days after the receipt of any 12 request for a show-cause hearing, and shall notify the petitioner and 13 respondent of the hearing date. The petition and affidavit shall be 14 deemed to have been offered into evidence at any show-cause hearing. The 15 petition and affidavit shall be admitted into evidence unless 16 specifically excluded by the court. 17 (b) If the respondent appears at the hearing and the court finds by 18 a preponderance of the evidence that the respondent poses a significant 19 risk of causing personal injury to self or others by having in the 20 respondent's custody or control, purchasing, possessing, or receiving a 21 firearm, the ex parte suicide risk protection order shall be affirmed, 22 shall be deemed the final suicide risk protection order, and shall be 23 effective for one year from its initial issuance as an ex parte 24 protection order. In such case, service of the ex parte protection order 25 shall be notice of the final protection order for purposes of prosecution 26 under subsection (2) of section 12 of this act. 27 (c) If the respondent appears at the hearing and the court does not 28 find by a preponderance of the evidence that the respondent poses a 29 significant risk of causing personal injury to self or others by having 30 in the respondent's custody or control, purchasing, possessing, or 31 LB482 2023 LB482 2023 -10- receiving a firearm, the court shall rescind the ex parte suicide risk 1 protection order. 2 (d) If the respondent has been properly served with the ex parte 3 suicide risk protection order and the respondent was properly notified of 4 the hearing date, and the respondent fails to appear at the hearing, the 5 order shall be affirmed, shall be deemed the final suicide risk 6 protection order, and shall be effective for one year from its initial 7 issuance as an ex parte protection order. In such case, service of the ex 8 parte protection order shall be notice of the final protection order for 9 purposes of prosecution under subsection (2) of section 12 of this act. 10 (e) If the respondent fails to request a show-cause hearing within 11 ten business days after service of the ex parte suicide risk protection 12 order, and no hearing was requested by the petitioner or set on the 13 court's own motion, the order shall be affirmed, shall be deemed the 14 final suicide risk protection order, and shall be effective for one year 15 from its initial issuance as an ex parte protection order. In such case, 16 service of the ex parte protection order shall be notice of the final 17 protection order for purposes of prosecution under subsection (2) of 18 section 12 of this act. 19 (6) If the court declines to issue an ex parte suicide risk 20 protection order, the court shall state on the record the particular 21 reasons for the denial. 22 Sec. 6. (1)(a) Upon the issuance of an ex parte suicide risk 23 protection order or final suicide risk protection order, the clerk of the 24 district court shall, on or before the next judicial day, provide, 25 without charge: 26 (i) The petitioner with two certified copies of such order; 27 (ii) The local law enforcement agency and the Nebraska State Patrol 28 with an electronic copy of such order and the sheriff's return thereon; 29 and 30 (iii) A copy of the suicide risk protection order to the sheriff's 31 LB482 2023 LB482 2023 -11- office in the county where the respondent may be personally served 1 together with instructions for service. Upon receipt of the order and 2 instructions for service, such sheriff's office shall forthwith serve the 3 order upon the respondent and file its return thereon with the clerk of 4 the district court within ten days after the issuance of the order. 5 (b) If any protection order is dismissed or modified by the court, 6 the clerk of the district court shall, on or before the next judicial 7 day, provide the local law enforcement agency and the Nebraska State 8 Patrol, without charge, with an electronic copy of the order of dismissal 9 or modification. 10 (c) If the respondent has notice as described in subsection (2) of 11 this section, further service under this subsection is unnecessary. 12 (2) If the respondent was present at a hearing under section 5 of 13 this act and the suicide risk protection order was not dismissed, the 14 respondent shall be deemed to have notice by the court at such hearing 15 that the protection order will be granted and remain in effect and 16 further service of notice described in subsection (1) of this section is 17 not required for purposes of prosecution under subsection (2) of section 18 12 of this act. 19 (3) If the sheriff's office cannot complete service upon the 20 respondent within ten days, the sheriff's office shall notify the 21 petitioner. The petitioner shall provide information sufficient to permit 22 such notification. 23 Sec. 7. (1) A respondent may submit a written request for a hearing 24 to terminate a final suicide risk protection order once during every 25 twelve-month period that the order is in effect, starting from the date 26 of issuance of the order and continuing through any renewals. 27 (2) Upon receipt of a request for a hearing to terminate a suicide 28 risk protection order, the court shall set a date for a hearing to be 29 held within fourteen days after receipt of the request. The court may 30 also schedule such a hearing on its own motion. The court shall notify 31 LB482 2023 LB482 2023 -12- the petitioner and respondent of the hearing date. 1 (3) At a hearing requested by the respondent, the respondent shall 2 have the burden of proving by a preponderance of the evidence that the 3 respondent does not pose a significant risk of causing personal injury to 4 self or others by having in the respondent's custody or control, 5 purchasing, possessing, or receiving a firearm. The court may consider 6 any relevant evidence, including evidence of the considerations listed in 7 subsection (4) of section 4 of this act. 8 (4) The court shall terminate the order if the court finds by a 9 preponderance of the evidence that the respondent does not pose a 10 significant risk of causing personal injury to self or others by having 11 in the respondent's custody or control, purchasing, possessing, or 12 receiving a firearm. 13 Sec. 8. (1) The court shall notify the petitioner of the impending 14 expiration of a final suicide risk protection order. The court shall 15 provide such notice on or before forty-five days before the date the 16 order expires. 17 (2) A law enforcement agency or law enforcement officer, including 18 one other than the petitioner, may file a motion requesting renewal of a 19 final suicide risk protection order at any time within forty-five days 20 prior to the date the order is set to expire, including the date the 21 order expires. 22 (3) Upon receipt of a motion to renew, the court shall immediately 23 schedule an evidentiary hearing to be held within fourteen days after the 24 filing of the motion, and the court shall cause notice of the hearing to 25 be given to the petitioner; the movant, if other than the petitioner; and 26 the respondent. The clerk of the district court shall cause a copy of the 27 notice of hearing and motion to be forwarded no later than the next 28 judicial day to the appropriate law enforcement agency for service upon 29 the respondent and the petitioner, if other than the movant. Service 30 issued under this section takes precedence over the service of other 31 LB482 2023 LB482 2023 -13- documents, unless the other documents are of a similar emergency nature. 1 (4) In determining whether to renew a final suicide risk protection 2 order, the court shall consider all relevant evidence presented by the 3 parties and follow the same procedure as provided in section 4 of this 4 act. 5 (5) A final suicide risk protection order may be renewed on the 6 basis of the petitioner's or movant's motion or affidavit stating that 7 there has been no material change in relevant circumstances since entry 8 of the order and stating the reason for the requested renewal if: 9 (a) The petitioner and movant seek no modification of the order; and 10 (b)(i) The respondent has been properly served under subsection (3) 11 of this section and fails to appear at the hearing; or 12 (ii) The respondent indicates that the respondent does not contest 13 the renewal. 14 (6) If the court finds by a preponderance of the evidence that the 15 requirements for issuance of a final suicide risk protection order as 16 provided in subsection (3) of section 4 of this act continue to be met, 17 the court shall renew the order. On or before the next judicial day, the 18 clerk of the district court shall, without charge, provide: 19 (a) The petitioner, and the movant, if other than the petitioner, 20 with two certified copies of such order; 21 (b) The local law enforcement agency and the Nebraska State Patrol 22 with an electronic copy of such order and with one copy of such order and 23 the sheriff's return thereon; and 24 (c) A copy of the suicide risk protection order to the sheriff's 25 office in the county where the respondent may be personally served 26 together with instructions for service. Upon receipt of the order and 27 instructions for service, such sheriff's office shall forthwith serve the 28 order upon the respondent and file its return thereon with the clerk of 29 the district court within ten days after the issuance of the order. If 30 the respondent has notice as described in subsection (7) of this section, 31 LB482 2023 LB482 2023 -14- further service under this subsection is unnecessary. 1 (7) If the respondent was present at a hearing under this section 2 and the suicide risk protection order was renewed, the respondent shall 3 be deemed to have notice by the court at such hearing that the protection 4 order will remain in effect and further service of notice described in 5 subsection (6) of this section is not required for purposes of 6 prosecution under subsection (2) of section 12 of this act. 7 (8) If the sheriff's office cannot complete service upon the 8 respondent within ten days, the sheriff's office shall notify the 9 petitioner and the movant, if other than the petitioner. The petitioner 10 and movant shall provide information sufficient to permit such 11 notification. 12 (9) A renewed suicide risk protection order shall be effective for 13 one year to commence on the first day following the expiration of the 14 previous order, subject to termination as provided in section 7 of this 15 act or further renewal by order of the court. 16 Sec. 9. (1) Upon issuance of a final suicide risk protection order 17 or an ex parte suicide risk protection order, the court shall order the 18 respondent to surrender to the local law enforcement agency all firearms 19 and firearm permits in the respondent's custody, control, or possession. 20 (2)(a) A law enforcement officer serving a suicide risk protection 21 order shall require the respondent to immediately and safely surrender 22 all firearm and firearm permits in the respondent's custody, control, or 23 possession. 24 (b) If personal service by a law enforcement officer is not 25 possible, the respondent shall, within twenty-four hours of being served 26 with the suicide risk protection order, surrender to the local law 27 enforcement agency, in a safe manner, all firearms and firearm permits in 28 the respondent's custody, control, or possession. 29 (c) If personal service by a law enforcement officer is not required 30 because the respondent was present at a hearing at which a suicide risk 31 LB482 2023 LB482 2023 -15- protection order was issued, the respondent shall, within twenty-four 1 hours of such hearing, surrender to the local law enforcement agency, in 2 a safe manner, all firearms and firearm permits in the respondent's 3 custody, control, or possession. 4 (d) A law enforcement officer serving or enforcing a suicide risk 5 protection order shall take possession of all firearms and firearm 6 permits belonging to the respondent that are surrendered, found in plain 7 sight, or otherwise lawfully obtained. Such firearm permits shall be 8 deemed revoked and the law enforcement officer shall cause such permits 9 to be returned to the issuing agency. 10 (3) At the time of surrender, a law enforcement officer taking 11 possession of a firearm or firearm permit shall issue a receipt 12 identifying all firearms and firearm permits that have been surrendered 13 and provide a copy of the receipt to the respondent. Within seventy-two 14 hours after service of the order, the officer serving the order shall 15 file the original receipt with the court and shall ensure that such 16 officer's law enforcement agency retains a copy of the receipt. 17 (4) Within forty-eight hours after service of a suicide risk 18 protection order or, if service by a law enforcement officer is not 19 required because the respondent was present at a hearing at which a 20 suicide risk protection order was issued, within forty-eight hours after 21 such hearing, the respondent may either: 22 (a) File with the court that issued the order one or more receipts 23 demonstrating that all firearms and firearm permits previously in the 24 respondent's custody, control, or possession, were surrendered in 25 accordance with this section or removed by the local law enforcement 26 agency and attest to the court that the respondent does not currently 27 have any firearms or firearm permits in the respondent's custody, 28 control, or possession; or 29 (b) Attest to the court that: 30 (i) At the time the order was issued, the respondent did not have 31 LB482 2023 LB482 2023 -16- any firearms or firearm permits in the respondent's custody, control, or 1 possession; and 2 (ii) The respondent does not currently have any firearms or firearm 3 permits in the respondent's custody, control, or possession. 4 (5) If the applicable forty-eight hour deadline in subsection (4) 5 has elapsed and the respondent has not made the filing and attestation 6 under subdivision (4)(a) of this section or the attestations under 7 subdivision (4)(b) of this section, the clerk of the district court shall 8 so inform the appropriate law enforcement agency. 9 (6) A law enforcement agency that receives a notification pursuant 10 to subsection (5) of this section shall make a good faith effort to 11 determine whether there is evidence that the respondent has failed to 12 relinquish any firearms or firearm permits in the respondent's custody, 13 control, or possession. 14 (7) Upon the sworn statement or testimony of the petitioner or of 15 any law enforcement officer alleging that the respondent has failed to 16 surrender all firearms and firearm permits in the respondent's 17 possession, custody, or control, the court shall determine whether 18 probable cause exists to believe that the respondent has so failed to 19 comply. If probable cause exists, the court shall issue a warrant 20 authorizing the search for and seizure of such firearms and firearm 21 permits. 22 (8) If a person other than the respondent claims title to any 23 firearm surrendered pursuant to the Suicide Risk Protection Order Act and 24 such claim is determined to be valid by the law enforcement agency 25 holding such firearm, the firearm shall be returned to such person if: 26 (a) Such person agrees that the firearm shall remain removed from 27 the respondent's custody, control, or possession and such person agrees 28 to store the firearm in a manner such that the respondent does not have 29 access to or control of the firearm; and 30 (b) Possession of the firearm by such person is not otherwise 31 LB482 2023 LB482 2023 -17- prohibited by law. 1 (9) By October 1, 2023, all law enforcement agencies shall develop 2 policies and procedures governing the acceptance, storage, and return of 3 firearms required to be surrendered under the act. 4 Sec. 10. (1) If a final suicide risk protection order or ex parte 5 suicide risk protection order is terminated or expires without renewal, a 6 law enforcement agency holding any firearm that has been surrendered or 7 seized pursuant to the Suicide Risk Protection Order Act shall return 8 such firearm upon request by a respondent, but only after confirming, 9 through a criminal history record information check, that the respondent 10 is currently eligible to own or possess any such firearm under Nebraska 11 and federal law and after confirming with the court that the suicide risk 12 protection order has terminated or expired without renewal. If the 13 respondent is not so eligible, the law enforcement agency shall notify 14 the respondent that the firearm will be disposed of in accordance with 15 the agency's policies and procedures. Such disposal shall not occur until 16 sixty days after such notification is sent. 17 (2) Any firearm surrendered or seized pursuant to the act that 18 remains unclaimed for more than sixty days following termination or 19 expiration of the order shall be disposed of in accordance with the law 20 enforcement agency's policies and procedures. 21 Sec. 11. (1) On the same day a final suicide risk protection order 22 or an ex parte suicide risk protection order is issued, the clerk of the 23 district court shall enter such order into a statewide judicial 24 information system and electronically forward a copy of such order to the 25 appropriate law enforcement agency specified in the order. Upon receipt 26 of such copy, the law enforcement agency shall enter the order into the 27 national criminal history record information system, any other federal or 28 state computer-based systems used by law enforcement or others to 29 identify prohibited purchasers of firearms, and any computer-based 30 criminal intelligence information system available in this state used by 31 LB482 2023 LB482 2023 -18- law enforcement agencies to list outstanding warrants. The order shall 1 remain in each system for the period stated in the order. The law 2 enforcement agency shall only expunge orders from the systems that have 3 expired, been amended, or been terminated. Any final suicide risk 4 protection order or ex parte suicide risk protection order is fully 5 enforceable in any county in the state. 6 (2) Within three days, not including weekends or holidays, of 7 receiving notice of entry of an ex parte suicide risk protection order or 8 final suicide risk protection order: 9 (a) The Nebraska State Patrol shall determine if the respondent has 10 a permit to carry a concealed handgun issued under the Concealed Handgun 11 Permit Act. If the respondent has such a permit, the patrol shall 12 immediately revoke such permit. Such revocation shall not be subject to 13 the procedures of section 69-2439, including the fine set forth in 14 subsection (4) of such section; and 15 (b) The local law enforcement agency shall determine if the 16 respondent has a certificate issued under section 69-2404. If the 17 respondent has such a certificate, the local law enforcement agency shall 18 immediately revoke the certificate. If the respondent has such a 19 certificate issued by a different law enforcement agency, the local law 20 enforcement agency shall immediately notify such issuing agency, which 21 shall immediately revoke such certificate. 22 (3) When provided by the petitioner, the court shall make 23 confidential numeric victim identification information, including social 24 security numbers and dates of birth, available to appropriate criminal 25 justice agencies engaged in protection order enforcement efforts. Such 26 agencies shall maintain the confidentiality of this information, except 27 for entry into state and federal databases for protection order 28 enforcement. 29 (4) If a final suicide risk protection order or an ex parte suicide 30 risk protection order is terminated before its expiration date, the clerk 31 LB482 2023 LB482 2023 -19- of the district court shall, on the same day, electronically forward a 1 copy of the termination order to the Nebraska State Patrol and the 2 appropriate law enforcement agency specified in the termination order. 3 Upon receipt of such copy, the Nebraska State Patrol and law enforcement 4 agency shall promptly remove the suicide risk protection order from any 5 computer-based system in which it was entered pursuant to subsection (1) 6 of this section. 7 Sec. 12. (1) Any person who files a petition under the Suicide Risk 8 Protection Order Act knowing the information in such petition to be 9 materially false or with intent to harass the respondent shall be guilty 10 of a Class III misdemeanor. 11 (2) Any person who has in such person's custody or control or 12 purchases, possesses, or receives a firearm or firearm permit, knowing 13 that such person is prohibited from doing so by a final suicide risk 14 protection order, an ex parte suicide risk protection order, or an order 15 issued pursuant subsection (3) of this section: 16 (a) For a first or second violation, shall be guilty of a Class II 17 misdemeanor; and 18 (b) For a third or subsequent violation, shall be guilty of a Class 19 IV felony. 20 (3)(a) Upon a conviction described in subdivision (2)(a) of this 21 section, the court shall issue an order prohibiting the respondent from 22 having in the respondent's custody or control, purchasing, possessing, or 23 receiving, or attempting to purchase, possess, or receive, a firearm or 24 firearm permit for a period of five years from the date of issuance of 25 the suicide risk protection order underlying the conviction. 26 (b) On the same day as an order under subdivision (3)(a) of this 27 section is issued, the clerk of the district court shall enter such order 28 into a statewide judicial information system and electronically forward a 29 copy of such order to the appropriate law enforcement agency specified in 30 the order. Upon receipt of such copy, the law enforcement agency shall 31 LB482 2023 LB482 2023 -20- enter the order into the national criminal history record information 1 system, any other federal or state computer-based systems used by law 2 enforcement or others to identify prohibited purchasers of firearms, and 3 any computer-based criminal intelligence information system available in 4 this state used by law enforcement agencies to list outstanding warrants. 5 The order shall remain in each system for the period stated in the order. 6 The law enforcement agency shall only expunge orders from the systems 7 that have expired, been amended, or been terminated. Any such order is 8 fully enforceable in any county in the state. 9 Sec. 13. The Suicide Risk Protection Order Act does not affect the 10 ability, pursuant to other lawful authority, of a law enforcement agency 11 or law enforcement officer to seize from any person a firearm or firearm 12 permit or otherwise conduct any lawful search and seizure. 13 Sec. 14. Except as provided in subsection (1) of section 12 of this 14 act, the Suicide Risk Protection Order Act does not impose criminal or 15 civil liability on any person or entity for acts or omissions related to 16 seeking or obtaining a suicide risk protection order, including, but not 17 limited to: 18 (1) Reporting or declining to report; 19 (2) Investigating or declining to investigate; and 20 (3) Filing or declining to file a petition under the act. 21 Sec. 15. A law enforcement agency shall exercise reasonable care 22 when handling or storing firearms pursuant to the Suicide Risk Protection 23 Order Act. 24 Sec. 16. (1) On or before October 1, 2023, the State Court 25 Administrator shall develop and prepare instructions and informational 26 brochures, standard petitions and suicide risk protection order forms, 27 and a court staff handbook on the Suicide Risk Protection Order Act. 28 (2) The standard petition and order forms shall be used for all 29 petitions filed and orders issued under the Suicide Risk Protection Order 30 Act. The instructions, brochures, forms, and handbook shall be prepared 31 LB482 2023 LB482 2023 -21- in consultation with interested persons, including representatives of gun 1 violence prevention groups, judges, and law enforcement personnel. 2 Materials shall be based on best practices and available to the public 3 online. 4 (a) The instructions shall be designed to assist petitioners in 5 completing the petition and shall include a sample of a standard petition 6 and order forms. 7 (b) The informational brochure must describe the use of and the 8 process for obtaining, renewing, and terminating a suicide risk 9 protection order and provide relevant forms. 10 (3) On or before October 1, 2023, the State Court Administrator 11 shall distribute a master copy of the petition and order forms, 12 instructions, and informational brochures to all clerks of the district 13 court and shall distribute a master copy of the petition and order forms 14 to all county and district courts. Distribution of all documents shall, 15 at a minimum, be in an electronic format or formats accessible to such 16 courts and their clerks. 17 (4) The State Court Administrator shall update the instructions, 18 brochures, standard petition and order forms, and court staff handbook as 19 necessary, including when changes in the law make an update necessary. 20 (5) On or before January 1, 2024, all clerks of the district court 21 shall make available to law enforcement agencies the standardized forms, 22 instructions, and informational brochures required by this section. 23 (6) A court clerk or such clerk's employees shall not provide 24 assistance in completing the forms. 25 Sec. 17. (1) On or before January 1, 2025, and each January 1 26 thereafter, each clerk of the district court shall report to the State 27 Court Administrator the total number, for the previous calendar year, of: 28 (a) Petitions for suicide risk protection orders and the total 29 number of those petitions that requested an ex parte suicide risk 30 protection order; 31 LB482 2023 LB482 2023 -22- (b) Ex parte suicide risk protection orders issued and denied; 1 (c) Final suicide risk protection orders issued and denied; 2 (d) Suicide risk protection orders terminated; and 3 (e) Suicide risk protection orders renewed. 4 (2) No later than April 1, 2025, and each April 1 thereafter, the 5 State Court Administrator shall compile and publish on the 6 administrator's website a report which aggregates the information 7 received pursuant to this section during the previous calendar year and 8 lists each category by county and type of court. 9 Sec. 18. Section 25-2740, Revised Statutes Cumulative Supplement, 10 2022, is amended to read: 11 25-2740 (1) For purposes of this section: 12 (a) Domestic relations matters means proceedings under sections 13 28-311.09 and 28-311.10 (including harassment protection orders and valid 14 foreign harassment protection orders), sections 28-311.11 and 28-311.12 15 (including sexual assault protection orders and valid foreign sexual 16 assault protection orders), the Suicide Risk Protection Order Act, the 17 Conciliation Court Law and sections 42-347 to 42-381 (including 18 dissolution, separation, annulment, custody, and support), section 19 43-512.04 (including child support or medical support), section 42-924 20 (including domestic protection orders), sections 43-1401 to 43-1418 21 (including paternity determinations and parental support), and sections 22 43-1801 to 43-1803 (including grandparent visitation); and 23 (b) Paternity or custody determinations means proceedings to 24 establish the paternity of a child under sections 43-1411 to 43-1418 or 25 proceedings to determine custody of a child under section 42-364. 26 (2) Except as provided in subsection (3) of this section, in 27 domestic relations matters, a party shall file his or her petition or 28 complaint and all other court filings with the clerk of the district 29 court. The party shall state in the petition or complaint whether such 30 party requests that the proceeding be heard by a county court judge or by 31 LB482 2023 LB482 2023 -23- a district court judge. If the party requests the case be heard by a 1 county court judge, the county court judge assigned to hear cases in the 2 county in which the matter is filed at the time of the hearing is deemed 3 appointed by the district court and the consent of the county court judge 4 is not required. Such proceeding is considered a district court 5 proceeding, even if heard by a county court judge, and an order or 6 judgment of the county court in a domestic relations matter has the force 7 and effect of a district court judgment. The testimony in a domestic 8 relations matter heard before a county court judge shall be preserved as 9 provided in section 25-2732. 10 (3) In addition to the jurisdiction provided for paternity or 11 custody determinations under subsection (2) of this section, a county 12 court or separate juvenile court which already has jurisdiction over the 13 child whose paternity or custody is to be determined has jurisdiction 14 over such paternity or custody determination. 15 Sec. 19. Section 69-2406, Reissue Revised Statutes of Nebraska, is 16 amended to read: 17 69-2406 (1) Any person who is denied a certificate, whose 18 certificate is revoked, or who has not been issued a certificate upon 19 expiration of the three-day period may appeal within ten days of receipt 20 of the denial or revocation to the county court of the county of the 21 applicant's place of residence. The applicant shall file with the court 22 the specific reasons for the denial or revocation by the chief of police 23 or sheriff and a filing fee of ten dollars in lieu of any other filing 24 fee required by law. The court shall issue its decision within thirty 25 days of the filing of the appeal. 26 (2) This section does not apply to revocations pursuant to the 27 Suicide Risk Protection Order Act. 28 Sec. 20. Section 69-2407, Reissue Revised Statutes of Nebraska, is 29 amended to read: 30 69-2407 (1) A certificate issued in accordance with section 69-2404 31 LB482 2023 LB482 2023 -24- shall contain the holder's name, address, and date of birth and the 1 effective date of the certificate. A certificate shall authorize the 2 holder to acquire any number of handguns during the period that the 3 certificate is valid. The certificate shall be valid throughout the state 4 and shall become invalid three years after its effective date. If the 5 chief of police or sheriff who issued the certificate determines that the 6 applicant has become disqualified for the certificate under section 7 69-2404, he or she may immediately revoke the certificate and require the 8 holder to surrender the certificate immediately. Revocation may be 9 appealed pursuant to section 69-2406. 10 (2) This section does not apply to revocations pursuant to the 11 Suicide Risk Protection Order Act. 12 Sec. 21. Section 69-2439, Reissue Revised Statutes of Nebraska, is 13 amended to read: 14 69-2439 (1) Any peace officer having probable cause to believe that 15 a permitholder is no longer in compliance with one or more requirements 16 of section 69-2433, except as provided in subsection (4) of section 17 69-2443, shall bring an application for revocation of the permit to be 18 prosecuted as provided in subsection (2) of this section. 19 (2) It is the duty of the county attorney or his or her deputy of 20 the county in which such permitholder resides to prosecute a case for the 21 revocation of a permit to carry a concealed handgun brought pursuant to 22 subsection (1) of this section. In case the county attorney refuses or is 23 unable to prosecute the case, the duty to prosecute shall be upon the 24 Attorney General or his or her assistant. 25 (3) The case shall be prosecuted as a civil case, and the permit 26 shall be revoked upon a showing by a preponderance of the evidence that 27 the permitholder does not meet one or more of the requirements of section 28 69-2433, except as provided in subsection (4) of section 69-2443. 29 (4) A person who has his or her permit revoked under this section 30 may be fined up to one thousand dollars and shall be charged with the 31 LB482 2023 LB482 2023 -25- costs of the prosecution. The money collected under this subsection as an 1 administrative fine shall be remitted to the State Treasurer for 2 distribution in accordance with Article VII, section 5, of the 3 Constitution of Nebraska. 4 (5) This section does not apply to revocations pursuant to the 5 Suicide Risk Protection Order Act. 6 Sec. 22. Original sections 69-2406, 69-2407, and 69-2439, Reissue 7 Revised Statutes of Nebraska, and section 25-2740, Revised Statutes 8 Cumulative Supplement, 2022, are repealed. 9 LB482 2023 LB482 2023 -26-