An Act To Enhance Personal and Public Safety by Requiring Evaluations of and Judicial Hearings for Persons in Protective Custody Regarding Risk of Harm and Restricting Access to Dangerous Weapons
Maine Legislature, Session 129, LD 1811
Committee Amendment CA_B_S358 (Senate)
Amends: 34-B MRSA §3862-A, 34-B MRSA §3873-A, 15 MRSA §224-A, 15 MRSA §393, 25 MRSA §2803-B, 25 MRSA §2804-C, 34-B MRSA §3862

FffiST REGULAR SESSION 
COMMITTEE AMENDMENT "8 " to S.P. 612, L.D. 1811, Bill, "An Act To 
Enhance Personal and Public Safety by Requiring Evaluations of and Judicial Hearings 
for Persons in Protective Custody Regarding Risk of Harm and Restricting Access to 
Dangerous Weapons" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'PART A 
Sec. A-1. 34-B MRSA §3862-A is enacted to read: 
§3862-A. Protection from substantial threats 
1. Def"mitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Dangerous weapon" or "weapon" has the same meaning as in Title 17-A, section 
2, subsection 9. paragraph C, including a firearm as defined in Title 17-A, section 2, 
subsection 12-A. 
B. "Extended restrictions" means the continued threat-based restrictions imposed by 
the court pursuant to subsection 6, paragraph D. 
C. 
"Initial restrictions" means the immediate and temporary 14-day threat-based 
restrictions pursuant to subsection 4. 
D. "Judicial hearing" means a court hearing under subsection 6. 
E. "Law enforcement agency" has the same meaning as in Title 25, section 3701, 
subsection 1. 
F. "Law enforcement officer" means a person vested by law with the power to make 
arrests for crimes or serve criminal process, whether that power extends to all crimes 
or is limited to specific crimes. and who possesses a current and valid certificate 
issued pursuant to Title 25, section 2803-A. 
COMMITTEE AMENDMENT 
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II.. (!Ji s. 
COMMITTEE AMENDMENT" b "to S.P. 612, L.D. 1811 l 2:>· 5 5 75) 
G. 
"Likelihood of foreseeable harm" means a substantial risk in the foreseeable 
future of serious physical harm to the person as manifested by recent behaviors or 
threats of, or attempts at, suicide or serious self-inflicted harm; or a substantial risk in 
the foreseeable future of serious physical harm to other persons as manifested by 
recent homicidal or violent behavior or by recent conduct or statements placing 
others in reasonable fear of serious physical harm. 
H. "Medical practitioner" has the same meaning as in section 3801, subsection 4-B. 
I. "Prohibited person" means a person subject to Title 15, section 393, subsection 1, 
paragraph E-1 or E-2. 
O 
J. "Protective custody" means protective custody under section 3 862. 
K. 
"Restricted person" means a person taken into protective custody by a law 
enforcement officer who the officer has probable cause to believe possesses or 
controls or may acquire a dangerous weapon and who is found by a medical 
practitioner to present a likelihood of foreseeable harm. 
L. 
"Threat-based restriction" means a prohibition on a restricted person from 
purchasing, possessing or controlling or attempting to purchase, possess or control a 
dangerous weapon during the period of the restriction. 
2. Protective custody; assessment by a medical practitioner; security; immunity. 
Law enforcement may take a person into protective custody on probable cause to believe 
that the person presents a likelihood of foreseeable harm. 
A. Notwithstanding any provision oflaw to the contrary, the law enforcement officer 
shall provide to the medical practitioner the information that led to the protective 
custody including, but not limited to, the information that gave rise to the probable 
cause determination, the person's pertinent criminal history record information and 
other known history and recent or recurring actions and behaviors. 
B. The medical practitioner under paragraph A shall assess whether the person 
presents a likelihood of foreseeable harm. 
In assessing the person, a medical 
practitioner may consult with other medical professionals as the medical practitioner 
determines advisable. If the medical practitioner finds that the person can benefit 
from treatment and services, the medical practitioner shall refer the person to 
treatment and services. 
C. Notwithstanding any provision of law to the contrary, an assessment pursuant to 
this section may be performed at a health care facility but, when available and as 
appropriate, must be performed at an alternative location. If the assessment is 
provided at a health care facility, law enforcement shall, upon request of the facility 
and consistent with section 3863, subsection 2-A, absent compelling circumstances, 
assist the facility with the security of the person awaiting the assessment under this 
section. 
D. A juvenile, as defined in Title 15, section 3003, subsection 14, who is subject to 
this section may be accompanied at the assessment by a parent, guardian, 
grandparent, aunt or uncle or a sibling who has attained the age of 18, whose 
company is requested by the juvenile, who is timely available and whose 
accompaniment is practicable. 
COMMITTEE AMENDMENT 
i-. .• ,. 
COMMITTEEAMENDMENT"f/'toS.P. 612,L.D.1811 (S· 35i>) 
E. 
A medical practitioner and any other medical or mental health professional 
consulted by the medical practitioner are not liable in a civil action brought by any 
person for any act performed in good faith in execution of the obligations imposed on 
medical practitioners by this section. including any decision regarding the affirmative 
or negative assessment of the likelihood of foreseeable harm. 
The immunity 
provided in this paragraph also applies to a principal if the medical practitioner or 
professional is acting as an agent or employee of the principal. 
F. Assessments under this section qualify for the same payment of private or public 
insurance applicable to section 3863 assessments. 
3. Notification by medical practitioner and judicial endorsement. A medical 
practitioner shall notify in writing the law enforcement officer or law enforcement agency 
that. based on the assessment under subsection 2, paragraph B. the person is found to 
present a likelihood of foreseeable harm. If so notified, the law enforcement officer or 
law enforcement agency shall as soon as practicable seek endorsement by a Superior 
Court Justice, District Court Judge, judge of probate or justice of the peace of the medical 
practitioner's assessment and law enforcement's declarations that the person was taken 
into protective custody and that the law enforcement officer has probable cause that the 
person possesses, controls or may acquire a dangerous weapon. The judge or justice shall 
promptly transmit to the law enforcement officer or agency the decision to endorse or not 
endorse. A decision transmitted electronically has the same legal effect and validity as a 
signed original. 
An endorsement must authorize law enforcement to execute the 
authority in subsection 4. This section may not be construed to prevent law enforcement 
from accepting a voluntary surrender of dangerous weapons. 
4. Initial restrictions; notice by law enforcement. A person whose assessment is 
endorsed by a judicial officer under subsection 3 becomes, at the time of notice by a law 
enforcement officer under paragraph B, a restricted person subject to initial restrictions 
and subject to the prohibitions in Title 15, section 393. subsection 1. paragraphs E-1 and 
E-2 as follows: 
A. The restricted person, after notice under paragraph B: 
(1) Is prohibited from possessing, controlling, acquiring or attempting to possess, 
control or acquire a dangerous weapon pending the outcome of a judicial hearing: 
(2) 
Shall immediately and temporarily surrender any weapons possessed, 
controlled or acquired by the restricted person to a law enforcement officer who 
has authority in the jurisdiction in which the weapons are located pending the 
outcome of a judicial hearing; and 
(3) Has a right to a judicial hearing within 14 days of notice under paragraph B: 
and 
B. A law enforcement officer shall, as soon as practicable, but no later than 24 hours 
after the judicial endorsement: 
(1) Notify the restricted person that the restricted person: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "b" to S.P. 612, L.D. 1811 ( S 3 5f~ 
(a) Is prohibited from possessing, controlling, acquiring or attempting to 
possess, control or acquire a dangerous weapon pending the outcome of a 
judicial hearing; 
(b) 
Is required to immediately and temporarily surrender any weapons 
possessed, controlled or acquired by the restricted person to a law 
enforcement officer who has authority in the jurisdiction in which the 
weapons are located pending the outcome of a judicial hearing: and 
( c) Has a right to a judicial hearing within 14 days of the notice under this 
paragraph: 
(2) Notify the contact person, if any, disclosed by the restricted person to the 
medical practitioner and the district attorney in the district of the restricted 
person's residence of the person's restricted status: and 
(3) Report the person's restricted status to the Department of Public Safety. 
5. Temporary surrender to law enforcement. A law enforcement agency may 
store, or make arrangements with another law enforcement agency or federally licensed 
firearms dealer to store, and care for the weapons surrendered by a restricted person in the 
manner provided in subsection 7. A restricted person who makes all practical, immediate 
efforts to comply with a surrender notice under subsection 4 is not subject to arrest or 
prosecution as a prohibited person under Title 15, section 393, subsection 1, paragraph 
E-1 or E-2. If a law enforcement agency has probable cause to believe the restricted 
person possesses or controls but has not surrendered a weapon, law enforcement may, 
prior to or as part of a judicial hearing, search for and seize such a weapon when 
authorized by a judicially issued warrant or other circumstances approved by law. 
6. Judicial hearing. A judicial hearing under this section is governed by this 
subsection. 
A. 
Within 5 days of the date of the notice given to a restricted person under 
subsection 4, paragraph B, the district attorney in the district of the restricted person's 
residence shall file a petition for judicial review of the initial restrictions by the 
district court. The district attorney shall provide to the restricted person written 
notice of the petition and hearing at least 7 days prior to the hearing. The restricted 
person has the right to be represented by counsel at the hearing, and the court may 
appoint counsel for an indigent party. Upon a showing of good cause, the court may 
extend the time to hold the hearing. 
B. Within 14 days of the notice given under subsection 4, the court shall hold a 
hearing to determine whether to dissolve or extend the initial restrictions. In the 
hearing determining whether to dissolve or extend the initial restrictions, the district 
attorney has the burden to prove by clear and convincing evidence that the restricted 
person presents a likelihood of foreseeable harm. 
C. In determining whether there are grounds to extend the initial restrictions, the 
court shall consider all relevant evidence, including, but not limited to, recent threats 
or acts of violence by the restricted person directed toward other persons; recent 
threats or acts of violence by the restricted person directed toward the restricted 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~" to S.P. 612, L.D. 1811 Cs' 355) 
person; recent acts of unlawful abuse of animals by the restricted person; the reckless 
use or threatening display of a dangerous weapon by the restricted person; a history 
of the use, attempted use or threatened use of physical force by the restricted person 
against other persons: a record of prior custodial events or restrictions under this 
section: prior involuntary confinement of the restricted person in a hospital for 
persons with psychiatric disabilities; prior protection from abuse and protection from 
harassment orders against the restricted person or violations regarding protection 
from abuse or protection from harassment by the restricted person; evidence of 
stalking behavior, severe obsession or sexual violence by the restricted person; the 
illegal use of controlled substances by the restricted person; and evidence of alcohol 
or drug abuse by the restricted person. The court shall also consider whether the 
restricted person is receiving treatment responsive to that person's mental health or 
substance use needs. 
D. This paragraph governs court orders. 
(1) If the court finds after hearing that there is not clear and convincing evidence 
to continue or extend the initial restrictions, the court shall dissolve the initial 
restrictions and order the return of any weapons surrendered or seized. The court 
shall direct the Department of Public Safety to remove the record of restrictions 
from the department's pertinent database when developed by the department. 
(2) If the court fmds after hearing that there is clear and convincing evidence to 
continue or extend the initial restrictions, the court shall inform the restricted 
person that the restricted person is prohibited for up to one year from purchasing, 
possessing or controlling any dangerous weapon or attempting to purchase, 
possess or control any dangerous weapon. The court shall further order the 
person to immediately surrender dangerous weapons possessed or controlled by 
that person to a law enforcement officer and notify the Department of Public 
Safety for entry in the pertinent database when developed by the department. 
(3) Extended restrictions imposed under this paragraph expire according to the 
terms of the court's order. The court shall schedule a hearing within 45 days prior 
to the expiration of the order to determine if the order should be extended. The 
district attorney has the burden of proving that the restricted person continues to 
pose a likelihood of foreseeable harm. If, after a hearing, the court fmds by clear 
and convincing evidence that the restricted person continues to pose a likelihood 
of foreseeable harm, the court shall renew the extended restrictions for up to one 
year. If the court does not so find, the court shall deny the petition and order the 
return of any weapons surrendered or seized. Upon motion by the State, the court 
may for cause shown order that the restricted person be examined for assessment 
of whether the restricted person continues to pose a likelihood of foreseeable 
harm. The fees or expenses for an assessment pursuant to this subparagraph may 
be paid from the Extradition and Prosecution Expenses Account established by 
Title 15, section 224-A. 
(4) A restricted person may file one motion for dissolution during an extended 
restriction. For that motion, the restricted person has the burden of proving by 
clear and convincing evidence that the restricted person no longer poses a 
likelihood of foreseeable harm. 
COMMITTEE AMENDMENT 
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COMMITIEEAMENDMENT"~ "to S.P. 612,L.D.1811 (S,-355) 
(5) A court shall electronically update or transmit to the Department of Public 
Safety, Bureau of State Police an abstract of the order issued by the court 
pursuant to this section that includes a prohibition on the possession of a 
dangerous weapon. The abstract must include the name, date of birth and gender 
of the person who is the subject of the order: the court's order and the expiration 
date of that order: and a notation that the person has been notified by the court. 
The abstract required by this subparagraph is confidential and is not a public 
record as defined in Title 1, chapter 13: however, the information contained in 
the abstract or a copy of the abstract may be provided by the Department of 
Public Safety to a criminal justice agency for law enforcement purposes, to the 
Federal Bureau of Investigation, National Instant Criminal Background Check 
System or to an issuing authority for the purpose of processing concealed firearm 
permit applications. The Department of Public Safety shall, when the pertinent 
database is developed, request that the Federal Bureau of Investigation ensure 
that, immediately after the order expires, the National Instant Criminal 
Background Check System no longer reflects that expired order as a ground for 
prohibiting the subject of the order from possessing or acquiring a firearm. For 
the purposes of this subsection, "criminal justice agency" means a federal, state, 
tribal, district, county or local government agency or any subunit of those entities 
that performs the administration of criminal justice under a statute or executive 
order and that allocates a substantial part of its annual budget to the 
administration of criminal justice. Courts and the Department of the Attorney 
General are considered criminal justice agencies, as is any equivalent agency at 
any level of Canadian government. 
(6) Nothing in this subsection may be construed to prevent the restricted person, 
district attorney and court from accepting a court-ordered disposition to which 
each agrees. 
7. Weapons storage and return. A law enforcement agency may store, or make 
arrangements with another law enforcement agency or federally licensed firearms dealer 
to store, any weapon surrendered to or seized by law enforcement under this section for 
as long as the threat-based restrictions are in effect. The duties and liability of a law 
enforcement agency with respect to handling and storage of a weapon surrendered or 
seized are governed by Title 25, section 2804-C, subsection 2-C. A weapon surrendered 
to or seized by a law enforcement agency must be returned to the restricted person when 
the threat-based restrictions expire. If a seized or surrendered weapon remains unclaimed 
for 6 months after the expiration or dissolution of threat-based restrictions, the law 
enforcement agency may dispose of the weapon consistent with Title 25, section 3503-A. 
8. Offense. Possession of a dangerous weapon by a restricted person is a Class D 
crime. 
PARTB 
Sec. B-1. 34-B l\mSA §3873-A, sub-§5, ,rA-1 is enacted to read: 
COMMITTEE AMENDMENT 
1\ .• ,. 
COMMITTEE AMENDMENT"~ "to S.P. 612,L.D.1811 ( S- ::i:').~) 
A-1. Prior to the commencement of the hearing, the court shall inform the patient 
that, if an order is entered that includes a prohibition on the possession of dangerous 
weapons, that patient is a prohibited person and may not possess or have under that 
patient's control a firearm pursuant to Title 15, section 393, subsection 1. 
Sec. B-2. 34-B MRSA §3873-A, sub-§§7-A and 7-B are enacted to read: 
7-A. Dangerous weapons. If the court directs a patient to follow an individualized 
treatment plan pursuant to subsection 6, the court may prohibit the patient from 
possessing a dangerous weapon as described in Title 17-A, section 2, subsection 9, 
paragraph C, including a firearm as defmed in Title 17-A, section 2, subsection 12-A, for 
the duration of the treatment plan. If the court prohibits the patient from possessing a 
dangerous weapon, the court shall specify the type of weapon the patient is prohibited 
from possessing; notify the patient that possession of such a weapon by the person is 
prohibited pursuant to Title 15, section 393: and direct the patient to relinquish, within 24 
hours after service of the order on the patient or such earlier time as the court specifies in 
the order, such weapons in the possession of the patient to a law enforcement officer for 
the duration of the order. The duties and liability of a law enforcement agency with 
respect to dangerous weapons surrendered pursuant to this subsection are governed by 
Title 25, section 2804-C, subsection 2-C. 
7-B. Transmission of abstract of court ruling to Department of Public Safety. 
Notwithstanding any other provision of this section or section 1207, a court shall 
electronically update or transmit to the Department of Public Safety an abstract of the 
order issued by the court pursuant to this section that includes a prohibition on the 
possession of a dangerous weapon pursuant to subsection 7-A. Implementation of this 
requirement is governed by section 3862-A, subsection 6, paragraph D, subparagraph (5). 
PARTC 
Sec. C-1. 15 MRSA §224-A, sub-§1, as amended by PL 2013, c. 566, §3, is 
further amended to read: 
1. Establishment; use. Notwithstanding any ether provision of law to the contrary, 
there is established an Extradition and Prosecution Expenses Account in each 
prosecutorial district in an amount not to exceed $30,000, to be administered by the 
district attorney and to be used solely for the purposes of paying the expenses of 
extraditing persons charged with or convicted of a crime in this State and who are 
fugitives from justice, as defmed in section 201, subsection 4, paying fees or expenses of 
prosecution pursuant to section 1319 aad,. paying witness fees pursuant to section 1320 
and paying for examination fees or expenses pursuant to Title 34-B, section 3862-A, 
subsection 6, paragraph D, subparagraph (3). 
Sec. C-2. 15 MRSA §393, sub-§1, ,r~-1 and E-2 are enacted to read: 
E-1. Is currently a restricted person under Title 34-B, section 3862-A, subsection 2 
or subsection 6, paragraph D except that the prohibition applies to possession and 
control, and not ownership. Violation of this paragraph is a Class D crime; 
E-2. Has been ordered to participate in a progressive treatment program pursuant to 
Title 34-B, section 3873-A and, as part of that order, directed not to possess a 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"6"to S.P. 612,L.D.1811 Cs-':)51':,) 
dangerous weapon pursuant to Title 34-B. section 3873-A. subsection 7-A for the 
duration of the treatment program, except that the prohibition applies to possession 
and control, and not ownership. Violation of this paragraph is a Class D crime; 
Sec. C-3. 25 MRSA §2803-B, sub-§1, ,iL, as amended by PL 2013, c. 147, §19, 
is further amended to read: 
L. Mental illness and the process for involuntary commitment, and the process 
pursuant to Title 34-B. section 3862-A; and 
Sec. C-4. 25 MRSA §2804-C, sub-§2-E is enacted to read: 
2-E. 
Receipt of certain dangerous weapons; training; procedure; liability. 
Beginning in 2020, the Maine Criminal Justice Academy Board of Trustees shall require 
training as part of its mandated training schedule for municipal, county and state law 
enforcement officers regarding the process for protection from substantial threats by a 
restricted person and the proper handling. storage. safekeeping and return of dangerous 
weapons received pursuant to an endorsement or court order under Title 34-B. section 
3862-A or 3873-A. The training must include education concerning the prohibitions on 
the purchase, control or possession of dangerous weapons. A law enforcement officer 
who receives custody of a dangerous weapon pursuant to Title 34-B, section 3862-A or 
3873-A shall exercise reasonable care to avoid loss, damage or reduction in value of the 
weapon and may not permanently mark or fire the weapon unless there is reasonable 
suspicion that the weapon has been used in the commission of a crime. Any liability for 
damage or reduction in value to such a weapon is governed by Title 14. chapter 741. 
Sec. C-5. 34-B MRSA §3862, sub-§1, ,rB, as amended by PL 2017, c. 402, Pt. 
C, §97 and affected by Pt. F, §1, is further amended to read: 
B. If the law enforcement officer does take the person into protective custody, shall 
deliver the person immediately for examination by a medical practitioner as provided 
in section 3862-A or 3863 or, for a person taken into protective custody who has an 
advance health care directive authorizing mental health treatment, for examination as 
provided in Title 18-C, section 5-803, subsection 4 to determine the individual's 
capacity and the existence of conditions specified in the advance health care directive 
for the directive to be effective. 
PARTD 
Sec. D-1. Assessments at alternative locations. The executive branch shall 
work with medical practitioners and law enforcement to develop and release, by January 
1, 2020, a request for proposals for the development and acquisition of the technology 
necessary to enable assessments under the Maine Revised Statutes, Title 34-B, section 
3862-A at locations other than health care facilities. 
Sec. D-2. Database of restrictions. By February 1, 2020, the Department of 
Public Safety shall develop a plan, including any cost estimates, to implement a database 
system to support this Act. 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT':l3 "toS.P.612,L.D.1811 (S ·3)1:'S) 
Sec. D-3. Effective dates. Parts A to C ofthis Act take effect July 1, 2020. This 
Part takes effect 90 days after the adjournment of the First Regular Session of the 129th 
Legislature.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the minority report. 
This amendment replaces the bill but retains the pwpose of providing an alternative 
to law enforcement to take into protective custody and have assessed a person who 
presents a likelihood of foreseeable harm to the person or to others. 
First, it authorizes a law enforcement officer to take a person into protective custody 
on probable cause to believe that the person presents a likelihood of foreseeable harm. 
Second, it provides that the assessments qualify for the same payment of private or 
public insurance applicable to assessments under the Maine Revised Statutes, Title 34-B, 
section 3863. 
"Likelihood of foreseeable harm" is defined as a substantial risk in the foreseeable 
future of serious physical harm to the person as manifested by recent behaviors or threats 
of, or attempts at, suicide or serious self-inflicted harm; or a substantial risk in the 
foreseeable future of serious physical harm to other persons as manifested by recent 
homicidal or violent behavior or by recent conduct or statements placing others in 
reasonable fear of serious physical harm. 
The law enforcement officer is directed to have the person in protective custody 
assessed by a medical practitioner. If the assessment finds that the person presents a 
likelihood of foreseeable harm, the law enforcement officer must seek an endorsement 
from a judicial officer that the person presents a likelihood of foreseeable harm, which 
authorizes law enforcement to notify the person that the person is a restricted person and 
is prohibited from possessing, controlling, acquiring or attempting to possess, control or 
acquire a dangerous weapon pending the outcome of a judicial hearing. The restricted 
person must immediately and temporarily surrender any weapon possessed, controlled or 
acquired by the restricted person to a law enforcement officer. 
A restricted person who makes all practical and immediate efforts to comply with a 
surrender notice is not subject to arrest or prosecution as a prohibited person under the 
Maine Revised Statutes, Title 15, section 393, subsection 1, paragraph E-1 or E-2. If a 
law enforcement agency has probable cause to believe the restricted person possesses or 
controls but has not surrendered a weapon, law enforcement may, prior to or as part of a 
judicial hearing, search for and seize such a weapon when authorized by a judicially 
issued warrant or other circumstances approved by law. 
The district attorney is required to file a petition for judicial review of the initial 
restrictions by the District Court. Within 14 days of the notice of restricted status given 
to the restricted person, the court is required to hold a hearing to determine whether to 
dissolve or extend the initial restrictions. The restricted person has the right to be 
represented by counsel. The district attorney has the burden of proving by clear and 
COMMITTEE AMENDMENT 
~·-'· 
COMMITIEEAMENDMENT"B "to S.P. 612,L.D.1811 Cs,~~) 
convincing evidence that the restricted person presents a likelihood of foreseeable harm. 
The court may dissolve the initial restrictions or extend them for up to one year. 
This amendment directs the executive branch to work with medical practitioners and 
law enforcement to develop and release, by January 1, 2020, a request for proposals for 
the development and acquisition of the technology necessary to enable assessments under 
Title 34-B, section 3862-A at locations other than health care facilities. 
By February 1, 2020, the Department of Public Safety must develop a plan, including 
any cost estimates, to implement a database system to support this legislation. 
The provisions for assessments for likelihood of foreseeable harm and restricted 
person status take effect July 1, 2020. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/19/19 feac 
LD 1811 
LR 2536(03) 
An Act To Enhance Personal and Public Safety by Requiring Evaluations of and Judicial Hearings for 
Persons in Protective Custody Regarding Risk of Harm and Restricting Access to Dangerous Weapons 
Fiscal Note for Bill as Amended by Committee Amendment'~ {_S · ?iSB) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Current biennium cost increase - Highway Fund 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system. 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional filing fees may increase General Fund and other dedicated revenue by minor amounts. 
Fiscal Detail and Notes 
The Department of Public Safety will require a General Fund appropriation and a Highway Fund allocation in fiscal 
year 2020-21 for programming changes and annual maintenance to create a database to record information related to 
persons in protective custody who are restricted from access to dangerous weapons. The department will need to work 
with the vendor to develop and implement the new system. The costs are unknown at this time and no estimate is 
made. 
LR2536(03) - Fiscal Note - Page 1 of 1