§ 13-14.5-101. Short Title

The short title of this article 14.5 is the “Deputy Zackari Parrish III Violence Prevention Act”. Source: L. 2019: Entire article added, (HB 19-1177), ch. 108, p. 383, § 1, effective April 12.

§ 13-14.5-102. Definitions

As used in this article 14.5, unless the context otherwise clearly requires: “Extreme risk protection order” means either a temporary order or a continuing order granted pursuant to this article 14.5. “Family or household member” means, with respect to a respondent, any: Person related by blood, marriage, or adoption to the respondent; Person who has […]

§ 13-14.5-103. Temporary Extreme Risk Protection Orders

A family or household member of the respondent or a law enforcement officer or agency may request a temporary extreme risk protection order without notice to the respondent by including in the petition for an extreme risk protection order an affidavit, signed under oath and penalty of perjury, supporting the issuance of a temporary extreme […]

§ 13-14.5-104. Petition for Extreme Risk Protection Order

A petition for an extreme risk protection order may be filed by a family or household member of the respondent or a law enforcement officer or agency. If the petition is filed by a law enforcement officer or agency, the officer or agency shall be represented in any judicial proceeding by a county or city […]

§ 13-14.5-105. Hearings on Petition – Grounds for Order Issuance

Upon filing of the petition, the court shall order a hearing to be held and provide a notice of hearing to the respondent. The court must provide the notice of the hearing not later than one court day after the date of the extreme risk protection order petition. The court may schedule a hearing by […]

§ 13-14.5-106. Service of Protection Orders

An extreme risk protection order issued pursuant to section 13-14.5-105 must be served personally upon the respondent, except as otherwise provided in this article 14.5. The law enforcement agency in the jurisdiction where the respondent resides shall serve the respondent personally. The court clerk shall forward a copy of the extreme risk protection order issued […]

§ 13-14.5-107. Termination or Renewal of Protection Orders

Termination. The respondent may submit one written request for a hearing to terminate an extreme risk protection order issued pursuant to this article 14.5 for the period that the order is in effect. Upon receipt of the request for a hearing to terminate an extreme risk protection order, the court shall set a date for […]

§ 13-14.5-108. Surrender of a Firearm

Upon issuance of an extreme risk protection order pursuant to this article 14.5, including a temporary extreme risk protection order, the court shall order the respondent to surrender all firearms by: Selling or transferring possession of the firearm to a federally licensed firearms dealer described in 18 U.S.C. sec. 923, as amended; except that this […]

§ 13-14.5-109. Firearms – Return – Disposal

If an extreme risk protection order or temporary extreme risk protection order is terminated or expires without renewal, a law enforcement agency holding any firearm that has been surrendered pursuant to section 13-14.5-108 or taken custody of pursuant to section 16-3-301.5, or a federally licensed firearms dealer described in 18 U.S.C. sec. 923, as amended, […]

§ 13-14.5-110. Reporting of Extreme Risk Protection Orders

The court clerk shall enter any extreme risk protection order or temporary extreme risk protection order issued pursuant to this article 14.5 into a statewide judicial information system on the same day the order is issued. The court clerk shall forward a copy of an extreme risk protection order or temporary extreme risk protection order […]

§ 13-14.5-111. Penalties

Any person who has in his or her custody or control a firearm or purchases, possesses, or receives a firearm with knowledge that he or she is prohibited from doing so by an extreme risk protection order or temporary extreme risk protection order issued pursuant to this article 14.5 is guilty of a class 2 […]

§ 13-14.5-112. Other Authority Retained

This article 14.5 does not affect the ability of a law enforcement officer to remove a firearm or concealed carry permit from a person or conduct a search and seizure for any firearm pursuant to other lawful authority. Source: L. 2019: Entire article added, (HB 19-1177), ch. 108, p. 398, § 1, effective April 12.

§ 13-14.5-113. Liability

Except as provided in section 13-14.5-111, this article 14.5 does not impose criminal or civil liability on any person or entity for acts or omissions made in good faith related to obtaining an extreme risk protection order or a temporary extreme risk protection order, including but not limited to reporting, declining to report, investigating, declining […]

§ 13-14.5-114. Instructional and Informational Material – Definition

The state court administrator shall develop standard petitions and extreme risk protection order forms and temporary extreme risk protection order forms in more than one language consistent with state judicial department practices. The standard petition and order forms must be used after January 1, 2020, for all petitions filed and orders issued pursuant to this […]