An Act to Enact the Crisis Intervention Order Act to Protect the Safety of the Public (AFTER DEADLINE)
Maine Legislature, Session 131, LD 2283
Committee: Judiciary
Sponsors: TALBOT ROSS, VITELLI, CLOUTIER, TERRY, DAUGHTRY

Legislative Document
No. 2283
H.P. 1470
House of Representatives, March 28, 2024
An Act to Enact the Crisis Intervention Order Act to Protect the 
Safety of the Public
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker TALBOT ROSS of Portland.
Cosponsored by Senator VITELLI of Sagadahoc and
Representatives: CLOUTIER of Lewiston, TERRY of Gorham, Senator: DAUGHTRY of 
Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA c. 337-E is enacted to read:
CHAPTER 337-E
CRISIS INTERVENTION ORDER ACT
§4801. Short title
This chapter may be known and cited as "the Crisis Intervention Order Act."
§4802. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1. Court.  "Court" means a District Court.
2. Crisis intervention order.  "Crisis intervention order" means a written order signed 
by the court that prohibits and enjoins an individual from purchasing, possessing or 
receiving a firearm or having or attempting to have custody or control of a firearm.  "Crisis 
intervention order" includes an order issued pursuant to section 4804 and an emergency 
order issued pursuant to section 4805.
3. Family or household member.  "Family or household member" means a spouse or 
domestic partner of the respondent, a former spouse or former domestic partner of the 
respondent, an individual presently or formerly living as a spouse of the respondent, a 
parent of a child of the respondent or an adult related by consanguinity or affinity to the 
respondent.
4. Federally licensed firearm dealer.  "Federally licensed firearm dealer" means a 
federally licensed firearm importer, federally licensed firearm manufacturer or federally 
licensed firearm dealer required to conduct national instant criminal background checks 
under 18 United States Code, Section 922(t).
5.  Firearm. "Firearm" has the same meaning as in Title 17-A, section 2, subsection 
12-A.
6.  Law enforcement agency.  "Law enforcement agency" means the State Police, a 
county sheriff's department, a municipal police department or the Department of the 
Attorney General. 
7. Law enforcement officer.  "Law enforcement officer" means an individual who by 
virtue of public employment is 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 by the Board of Trustees 
of the Maine Criminal Justice Academy pursuant to Title 25, section 2803-A.  "Law 
enforcement officer" does not include a federal law enforcement officer.
8. Petition.  "Petition" means a petition for a crisis intervention order filed under this 
chapter.
9. Petitioner.  "Petitioner" means a family or household member, a law enforcement 
agency or a law enforcement officer who files a petition for a crisis intervention order under 
this chapter.
10. Respondent.  "Respondent" means an individual named in a petition filed under 
this chapter whose purchase, possession or control of a firearm the petitioner seeks to 
restrain.
§4803. Jurisdiction and venue 
1. Jurisdiction.  The District Court has jurisdiction over proceedings under this 
chapter.
2. Venue.  Proceedings under this chapter must be commenced in the judicial division 
where the respondent resides, the judicial division where the petitioner resides or the 
judicial division where the law enforcement agency has jurisdiction.  If a District Court 
Judge is not available in the division in which a motion requesting an emergency order is 
to be filed, the petition and motion may be presented to any other District Court Judge or 
to any Superior Court Justice who has the same authority as a District Court Judge to grant 
or deny the temporary order.
§4804. Crisis intervention orders
1. Petition.  A family or household member, a law enforcement agency or a law 
enforcement officer may file a petition requesting that the court issue a crisis intervention 
order.
A.  A petition filed pursuant to this subsection must allege that the respondent poses a 
significant danger of causing severe harm to the respondent or another person by 
purchasing, possessing or receiving a firearm or by having or attempting to have 
custody or control of a firearm.
B.  A significant danger of causing severe harm to another person may be shown by 
establishing that:
(1) The respondent has inflicted or attempted to inflict bodily harm on another 
person;
(2) By the respondent's threats or actions, the respondent has placed another person 
in reasonable fear of physical harm; or
(3) By the respondent's actions or inactions, the respondent has presented a danger 
to persons in the respondent's care.
C.  A significant danger of causing severe harm to the respondent may be shown by 
establishing that the respondent has threatened or attempted suicide or serious bodily 
harm.
D.  The affidavit in support of the petition must state:
(1) The specific facts supporting the allegations in the petition;
(2) Any firearms the petitioner believes to be in the respondent's possession, 
custody or control; and
(3) Whether the petitioner knows of an existing order with respect to the respondent 
under section 4655 or Title 19-A, section 4108 or 4110.
E.  The court shall provide forms and clerical assistance to either party in completing 
and filing a petition or other necessary documents.  The assistance may not include 
legal advice or assistance in drafting legal documents.  The forms provided by the court 
under this paragraph must be uniform throughout the State and must include a 
summons and an affidavit for a crisis intervention order.  The summons must include 
a section in which to list the places where the respondent may be located or available 
to be served.
F.  A filing fee may not be required for a petition filed under this subsection.
2.  Hearing.  Except as provided in section 4805, the court may grant relief only after 
notice to the respondent and a hearing.  The petitioner has the burden of proof by a 
preponderance of the evidence.
A. The court shall hold a hearing within 14 days after a petition is filed under this 
section.  Notice of the hearing must be served pursuant to section 4807 concurrently 
with the petition and any ex parte order issued under section 4805.
B.  Upon the filing of a petition, the court shall appoint an attorney to represent the 
respondent at the hearing if the respondent is unable to afford one.  The court shall 
include the name of the appointed attorney in the notice of the hearing under paragraph 
A.  The respondent may replace the attorney with an attorney of the respondent's own 
selection at any time at the respondent's own expense.  The State is responsible for the 
cost of an attorney appointed by the court to represent the respondent.
3. Orders.  The court shall grant a petition and issue a crisis intervention order if it 
finds by a preponderance of the evidence that the respondent poses a significant danger of 
causing severe harm to the respondent or to another person by purchasing, possessing or 
receiving a firearm or by having or attempting to have custody or control of a firearm.
A. The court shall issue an order under this subsection prohibiting the respondent from 
purchasing, possessing or receiving a firearm or having or attempting to have custody 
or control of a firearm for a period of up to one year. The order must be signed by the 
court and include the following provisions:
(1) A statement of the grounds for the issuance of the order; 
(2) The name and address of the court where any filings must be made, the names 
of the parties, the date of the petition, the date and time of the order and the date 
and time the order expires; 
(3) A description of how to appeal the order; 
(4) A description of the requirements for relinquishment of a firearm under section 
4810;
(5) A description of how to request termination of the order under section 4806. 
The court shall include with the order a form for a motion to terminate the order; 
(6) A statement directing the law enforcement agency or federally licensed firearm 
dealer in possession of the firearm to release it to the owner upon expiration of the 
order; and 
(7) A statement in substantially the following form:
"To the subject of this crisis intervention order: This order is in effect until the date 
and time stated above. If you have not done so already, you are required to 
surrender all firearms in your custody, control or possession to [insert name of law 
enforcement agency] or a federally licensed firearm dealer. While this order is in 
effect, you are not allowed to purchase, possess or receive a firearm; attempt to 
purchase, possess or receive a firearm; or have or attempt to have custody or 
control of a firearm. You have the right to request one hearing to terminate this 
order during the period that this order is in effect, starting from the date of this 
order. You may seek the advice of an attorney regarding any matter connected with 
this order."
B. When findings are required under this section, the court shall make either written 
findings of fact or oral findings of fact on the record.
C. An order issued under this section must bear the following language: "VIOLATION 
OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR 
A FINE, OR BOTH, AS PROVIDED BY THE MAINE REVISED STATUTES, 
TITLE 5, SECTION 4809, AND MAY ALSO BE PROSECUTED AS CRIMINAL 
CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH."
D. Affidavit forms required pursuant to this section must bear the following language: 
"MAKING A FALSE STATEMENT IN THIS AFFIDAVIT IS A CRIME SUBJECT 
TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 
THE MAINE REVISED STATUTES, TITLE 5, SECTION 4809."
E. If the court denies a petition filed under this section, the court shall state the 
particular reasons for the denial in its decision.
§4805. Emergency crisis intervention orders 
1.  Petition. A petitioner may file a motion requesting that the court issue an emergency 
crisis intervention order.  An emergency crisis intervention order is issued ex parte, without 
notice to the respondent.
A. The petitioner shall submit an affidavit in support of the motion alleging that the 
respondent poses an imminent and significant danger of causing severe harm to the 
respondent or to another person by purchasing, possessing or receiving a firearm or by 
having or attempting to have custody or control of a firearm.
The affidavit must state:
(1) The specific facts supporting the allegations in the motion, including the 
imminent danger posed by the respondent; and
(2) Any firearms the petitioner believes to be in the respondent's possession, 
custody or control.
B. The court may issue an emergency crisis intervention order by telephone or by 
reliable electronic means, such as e-mail, pursuant to this subsection if requested by 
the petitioner. 
Upon receipt of a request for electronic issuance of an emergency crisis intervention 
order, the court shall inform the petitioner that a signed or unsigned motion and 
affidavit may be submitted electronically. The affidavit must be sworn to or affirmed 
by administration of the oath over the telephone to the petitioner by the court. The 
administration of the oath need not be made part of the affidavit or recorded, but the 
court shall note on the affidavit that the oath was administered.
C. Affidavit forms required pursuant to this section must bear the following language: 
"MAKING A FALSE STATEMENT IN THIS AFFIDAVIT IS A CRIME SUBJECT 
TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 
THE MAINE REVISED STATUTES, TITLE 5, SECTION 4809."
D.  Upon the filing of a motion for an emergency crisis intervention order, the court 
shall notify the Department of the Attorney General. 
2.  Standards.  The standards for the issuance of an emergency crisis intervention order 
are established in this subsection. 
A. The court shall grant the motion and issue an emergency crisis intervention order if 
it finds by a preponderance of the evidence that at the time the order is requested the 
respondent poses an imminent and significant danger of causing severe harm to the 
respondent or to another person by purchasing, possessing or receiving a firearm or by 
having or attempting to have custody or control of a firearm. The petitioner shall cause 
a copy of the order to be served on the respondent pursuant to section 4807, and the 
court shall deliver a copy to the law enforcement agency that has jurisdiction over 
where the respondent resides or keeps the firearm.
B.  An imminent and significant danger of causing severe harm to another person may 
be shown by establishing that:
(1) The respondent has inflicted or attempted to inflict bodily harm on another 
person; 
(2) By the respondent's threats or actions, the respondent has placed another person 
in reasonable fear of physical harm; or
(3) By the respondent's actions or inactions, the respondent has presented a danger 
to persons in the respondent's care.
C.  An imminent and significant danger of causing severe harm to the respondent may 
be shown by establishing that the respondent has threatened or attempted suicide or 
serious bodily harm.
D. The court shall decide whether to grant or deny the motion and issue the order solely 
on the basis of the contents of the motion and the affidavit or affidavits provided. If the 
motion is granted, the court shall immediately sign the original order, enter on its face 
the exact date and time it is issued and transmit a copy to the petitioner by reliable 
electronic means, such as e-mail. The petitioner shall cause a copy of the order to be 
served on the respondent pursuant to section 4807.
3.  Order. An order issued under this section must prohibit for a period of up to 14 
days the respondent from purchasing, possessing or receiving a firearm or having or 
attempting to have custody or control of a firearm.
A. The order must be in writing and signed by the court and must include the following 
provisions:
(1) A statement of the grounds for the issuance of the order;
(2) The name and address of the court where any filings must be made, the names 
of the parties, the date of the petition, the date and time of the order and the date 
and time the order expires;
(3) The date and time of the hearing under subsection 4 when the respondent may 
appear to contest the order before the court. This opportunity to contest must be 
scheduled as soon as reasonably possible, but may not be more than 14 days after 
the date of the issuance of the order;
(4) A description of the requirements for relinquishment of firearms under section 
4810; and
(5)  A statement in substantially the following form:
"To the subject of this crisis intervention order: This order is in effect until the date 
and time stated above. If you have not done so already, you are required to 
surrender all firearms in your custody, control or possession to [insert name of law 
enforcement agency], a federally licensed firearm dealer or a person approved by 
the court. While this order is in effect, you are not allowed to purchase, possess or 
receive a firearm; attempt to purchase, possess or receive a firearm; or have or 
attempt to have custody or control of a firearm. A hearing will be held on the date 
and time noted above to determine if a crisis intervention order should be issued. 
Failure to appear at that hearing may result in a court making an order against you 
that is valid for up to one year. You may seek the advice of an attorney regarding 
any matter connected with this order. An attorney will be appointed to represent 
you if you cannot afford one."
B. An order issued under this section must bear the following language: "VIOLATION 
OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR 
A FINE, OR BOTH, AS PROVIDED BY THE MAINE REVISED STATUTES, 
TITLE 5, SECTION 4809, AND MAY ALSO BE PROSECUTED AS CRIMINAL 
CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH."
C. On or before the next business day after an order under this section is issued:
(1) The petitioner shall file the original motion and affidavit with the court; and
(2) The court shall file the signed order, the motion and the affidavit with the clerk 
of the court. The clerk shall enter the documents on the docket immediately after 
filing.
D. If the court denies a petition filed under this section, the court shall state the 
particular reasons for the denial in its decision.
4. Duration.  The duration of an emergency crisis intervention order issued pursuant 
to this section is as follows.
A.  Unless the motion is voluntarily dismissed pursuant to paragraph B, the court shall 
hold a hearing within 14 days after the issuance of an emergency crisis intervention 
order to determine if a crisis intervention order should be issued. If not voluntarily 
dismissed, the emergency crisis intervention order expires when the court grants or 
denies a motion for a crisis intervention order in accordance with section 4804, 
subsection 3.
B.  The petitioner may voluntarily dismiss a motion filed under this section at any time 
prior to the hearing if the petitioner determines the respondent no longer poses a 
significant danger of causing severe harm to the respondent or to another person by 
purchasing, possessing or receiving a firearm or by having or attempting to have 
custody or control of a firearm. If the petitioner voluntarily dismisses the motion 
pursuant to this paragraph, the court shall vacate the emergency crisis intervention 
order and direct the law enforcement agency or federally licensed firearm dealer in 
possession of a firearm belonging to the respondent to return it to the respondent 
consistent with section 4810.
§4806. Termination and renewal motions
1.  Motions to terminate.  A motion to terminate a crisis intervention order under 
section 4804 is subject to the provisions of this subsection.
A.  The respondent may file a motion to terminate a crisis intervention order issued 
under section 4804 or an order renewed under subsection 2.  A motion to terminate 
may not be filed more than once during the effective period of the order. The 
respondent has the burden of proof by a preponderance of the evidence.
B. The court shall hold a hearing within 14 days after a motion to terminate is filed 
under this section. Notice of the hearing must be served pursuant to section 4807 
concurrently with the motion.
C.  The court shall grant the motion under paragraph A and terminate the crisis 
intervention order if it finds, by a preponderance of the evidence, that the respondent 
no longer poses a significant danger of causing severe harm to the respondent or to 
another person by purchasing, possessing or receiving a firearm or by having or 
attempting to have custody or control of a firearm.
D.  When findings are required under this subsection, the court shall make either 
written findings of fact or oral findings of fact on the record.
E.  Termination motion forms must be provided by the court and maintained by the 
clerks of the courts.  The forms provided by the court under this subsection must be 
uniform throughout the State.
2.  Motions to renew.  A motion to renew a crisis intervention order under section 
4804 is subject to the provisions of this subsection.
A.  A petitioner may file a motion requesting that the court renew a crisis intervention 
order issued under section 4804 or renewed pursuant to this subsection for an additional 
period of up to one year.  The motion must be accompanied by an affidavit and must 
be filed not more than 30 days and not less than 14 days before the expiration date of 
the order.  The motion and affidavit must comply with the requirements for a petition 
in section 4804, subsection 1.  The petitioner has the burden of proof by a 
preponderance of the evidence.
B.  The court shall hold a hearing within 14 days after a motion to renew under 
paragraph A is filed under this subsection.  Notice of the hearing must be served 
pursuant to section 4807 concurrently with the motion.
C.  The court shall grant the motion and renew the crisis intervention order for an 
additional period of up to one year if it finds by a preponderance of the evidence that 
the respondent continues to pose a significant danger of causing severe harm to the 
respondent or to another person by purchasing, possessing or receiving a firearm or by 
having or attempting to have custody or control of a firearm. The order must comply 
with the requirements of section 4804, subsection 3.
D.  If the court denies a motion filed under this subsection, the court shall state the 
particular reasons for the denial in its decision.
E.  When findings are required under this subsection, the court shall make either written 
findings of fact or oral findings of fact on the record.
F.  Renewal motion forms must be provided by the court and maintained by the clerks 
of the courts. The forms provided by the court under this subsection must be uniform 
throughout the State.
§4807. Service
1.  Form of service; transmittal.  A petition, emergency crisis intervention order, 
crisis intervention order or notice of a hearing issued under this chapter must be served in 
accordance with the Maine Rules of Civil Procedure and may be served by any law 
enforcement officer. A court that issues an order under this chapter during normal business 
hours shall promptly transmit the order electronically or by other means to a law 
enforcement agency for service and shall deliver a copy to the law enforcement agency that 
has jurisdiction over where the respondent resides or keeps the firearm. 
2.  Service on respondent.  A respondent who attends a hearing held under section 
4804, 4805 or 4806 at which an emergency crisis intervention order or crisis intervention 
order is issued and who receives notice from the court at the hearing that the order has been 
issued is deemed to have been served.  A respondent notified by the court at the hearing is 
required to immediately comply with the provisions of the order.  Regardless of whether 
the court has previously notified the respondent of the order, the court shall transmit the 
order for service on the respondent by a law enforcement agency.
3.  Performance of service.  Crisis intervention orders must be served by the law 
enforcement agency at the earliest possible time and take precedence over other 
summonses and orders. Orders must be served in a manner calculated to ensure the safety 
of the parties. Methods of service that include advance notification to the respondent may 
not be used. The person making service shall file a return of service with the court stating 
the date, time and place at which the order was delivered personally to the respondent.  
4.  Inability to make personal service.  If service of a notice of hearing issued under 
section 4804 or 4806 cannot be made before the scheduled hearing, the court shall delay 
the hearing, and extend the terms of the order upon request of the petitioner, for such 
additional time as it considers necessary to achieve service on the respondent.
§4808. Procedure 
1. Rules; other actions not barred.  Proceedings commenced under this chapter must 
be in accordance with the Maine Rules of Civil Procedure and are in addition to any other 
available civil or criminal remedies.
2. Assistance by courts and law enforcement.  The court shall establish procedures 
to ensure access to petitions after regular business hours or on weekends and holidays. The 
court is authorized to contract with public or private agencies to assist petitioners to seek 
crisis intervention orders and to gain access to courts.  Law enforcement agencies shall 
assist in carrying out the intent of this subsection.
3. Sharing of information between courts.  The Supreme Judicial Court shall ensure 
that procedures are in place so that the contents of orders and pendency of other 
proceedings can be known to all courts for cases in which a crisis intervention order 
proceeding is related to a criminal proceeding.
§4809. Enforcement; penalties
1.  Authorization of law enforcement officers.  Law enforcement officers are 
authorized to enforce orders issued under this chapter. Enforcement may include the 
collection and disposition of firearms pursuant to section 4810 and making an arrest in 
accordance with the provisions of the Maine Rules of Unified Criminal Procedure.
2.  Failure to comply with order.  A person who intentionally commits an act 
prohibited by a court or who fails to perform an act ordered by a court, in violation of a 
crisis intervention order issued pursuant to section 4804 or 4805 or renewed pursuant to 
section 4806, after the person has been served with the crisis intervention order as provided 
in this chapter is guilty of a Class D crime.
3.  Notice required by Department of Public Safety of national instant criminal 
background check problem.  When the Department of Public Safety receives notification 
from a federal agency that a national instant criminal background check conducted under 
the system established pursuant to 18 United States Code, Section 922(t) indicates that a 
potential buyer or transferee is prohibited from receipt or possession of a firearm pursuant 
to a crisis intervention order issued under section 4804 or 4805 or renewed pursuant to 
section 4806, the department shall make every reasonable effort to notify as quickly as 
practicable another law enforcement agency with jurisdiction in the municipality in which 
that individual resides of the information received from the federal agency.
4. Penalty for submitting false information.  A person who files a petition for a crisis 
intervention order under this chapter, or who submits an affidavit accompanying the 
petition, knowing that information in the petition or the affidavit is false or that the petition 
or affidavit is submitted with the intent to harass is guilty of a Class D crime.
5. Criminal contempt.  In addition to the provisions of subsection 2, violation of a 
crisis intervention order issued under this chapter may be prosecuted as criminal contempt 
under the Maine Rules of Unified Criminal Procedure, Rule 42.  The prosecution for 
criminal contempt may be initiated by the attorney for the State in the judicial district in 
which the violation occurred.  The maximum penalty that may be imposed under this 
subsection is a fine of $1,000 or imprisonment for 6 months, or both. A sentence of 
imprisonment upon conviction for criminal contempt may be stayed, in the discretion of 
the court, pending the expiration of the time allowed for filing notice of appeal or pending 
appeal if any appeal is taken. 
§4810. Relinquishment of firearm
1.  Relinquishment by respondent.  A respondent who is required to relinquish a 
firearm in the respondent's possession, custody or control by a crisis intervention order 
issued pursuant to section 4804 or 4805 or renewed pursuant to section 4806, upon service 
of the order, shall immediately relinquish the firearm to a law enforcement agency or a 
federally licensed firearm dealer.
2.  Search warrant authorizing seizure.  The court may issue a search warrant 
authorizing a law enforcement agency to seize any firearms at any location if there is 
probable cause to believe any firearms have not been relinquished by the respondent.  
3.  Treatment of seized firearm.  A law enforcement agency or a federally licensed 
firearm dealer that takes possession of a firearm shall photograph, catalog and store the 
firearm. 
4.  Lawful sale of firearms not affected.  This section may not be construed to prohibit 
the lawful sale of firearms. 
5.  Order must require release of firearm.  A crisis intervention order issued pursuant 
to section 4804 or renewed pursuant to section 4806 shall direct the law enforcement 
agency or federally licensed firearm dealer to release a firearm seized pursuant to a crisis 
intervention order to the respondent upon expiration of the order. 
6.  No release of firearm unless court order.  A law enforcement agency or federally 
licensed firearm dealer may not release a firearm seized pursuant to a crisis intervention 
order to the respondent without a court order. If a court orders the release of a firearm 
seized pursuant to a crisis intervention order, the law enforcement agency or federally 
licensed firearm dealer in possession of the firearm shall make it available to the respondent 
within 3 business days after receipt of the order and in a manner consistent with federal 
law. 
7.  Immunity.  A law enforcement agency is immune from civil or criminal liability 
for any damage or deterioration of a firearm stored or transported pursuant to this section. 
8.  When return or seizure prohibited.  Notwithstanding any provision of this chapter 
to the contrary:
A.  A firearm may not be returned to the respondent if the respondent's possession of 
the firearm is prohibited by state or federal law; and
B.  A firearm may not be taken into possession pursuant to this section if it is, or may 
be used as, evidence in a criminal matter.
§4811. Appeals
A crisis intervention order issued by the court pursuant to section 4804 or renewed 
pursuant to section 4806 must be treated as a final order for the purposes of appeal. Appeal 
may be taken by either party to the Supreme Judicial Court under the Maine Rules of 
Appellate Procedure and the appeal must be determined without delay.
§4812. Data and reporting 
1. Annual report; submission to Legislature.  The State Court Administrator, acting 
at the direction of the Chief Justice of the Supreme Judicial Court, shall prepare an annual 
report on and relating to the application of this chapter by the courts.  Beginning in 2025, 
the State Court Administrator, no later than October 1st, shall prepare and submit the report 
to the joint standing committee of the Legislature having jurisdiction over civil rights 
matters.
2. Report requirements.  The report required by this section must contain all of the 
following: 
A. The number of petitions filed for a crisis intervention order; 
B. The number of petitions filed for an emergency crisis intervention order issued 
without notice pursuant to section 4805; 
C. The number of crisis intervention orders issued and the number denied; 
D. The number of emergency crisis intervention orders issued without notice pursuant 
to section 4805 and the number denied; 
E. The number of crisis intervention orders that are voluntarily dismissed; 
F. The number of emergency crisis intervention orders entered without notice pursuant 
to section 4805 that are voluntarily dismissed;
G. The number of crisis intervention orders that are renewed pursuant to section 4806; 
H. To the extent ascertainable from available state court data, the number of individuals 
who are restrained under a crisis intervention order who, within 30 days after entry of 
the order, are charged with a criminal offense, including the nature of the criminal 
offense, whether the offense was a violation of the crisis intervention order and the 
disposition or status of the offense; and 
I.  Demographic data regarding the individuals who are petitioners and who are 
respondents in actions for crisis intervention orders.
SUMMARY
This bill enacts the Crisis Intervention Order Act.  Under the Act, a petition for a crisis 
intervention order, which restrains the purchase, possession or control of a firearm, may be 
sought if a person is suspected of posing a significant danger of causing severe harm to the 
person or to another person.  A significant danger of causing severe harm to the person or 
another person is demonstrated by establishing that the person has: inflicted or attempted 
to inflict bodily harm on another person; placed another person in reasonable fear of 
physical harm; by action or inaction, presented a danger to persons in the person's care; or 
threatened or attempted suicide or serious bodily harm.  The petition may be filed by a 
family or household member of the person or by a law enforcement agency or a law 
enforcement officer and must be accompanied by an affidavit stating the facts to support 
the allegations, any firearms believed to be in the person's possession and whether the 
person is already the subject of a protection from harassment or protection from abuse 
order.  Upon receipt of the petition and affidavit, the District Court is required to schedule 
a hearing, which must be held within 14 days of the filing of the petition, and provide notice 
of the hearing to the person who is the subject of the requested crisis intervention order. 
Following the hearing, if the court finds by a preponderance of the evidence that the person 
poses a significant risk of causing severe harm to the person or to another person, the court 
must issue an order prohibiting, for up to one year, the person from purchasing, possessing 
or receiving a firearm, attempting to purchase, possess or receive a firearm or having 
custody or control of a firearm.
The bill also allows a court to issue an emergency crisis intervention order by telephone 
or other reliable electronic means without notice to the person who is the subject of the 
requested order.  A hearing must be scheduled no later than 14 days after the order is issued.
A crisis intervention order may be terminated upon the request of the person who is the 
subject of the order if that person shows, by a preponderance of the evidence, that the 
person no longer poses a significant danger of causing severe harm to the person or another 
person, but only one request to terminate the order per term of the order may be filed.  A 
crisis intervention order may be renewed for an additional period up to one year.
A person who is the subject of a crisis intervention order immediately must surrender 
all the firearms in that person's possession, custody or control to a law enforcement agency 
or a federally licensed firearm dealer, manufacturer or importer.