LEGISLATIVE FISCAL ESTIMATE

[Second Reprint]

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 1217

STATE OF NEW JERSEY

218th LEGISLATURE

 

DATED: MAY 7, 2018

 

 

SUMMARY

 

Synopsis:

“Extreme Risk Protective Order Act of 2018.”

Type of Impact:

General Fund expenditure

Agencies Affected:

The Judiciary, Department of Corrections, Department of Law and Public Safety

 

 

Office of Legislative Services Estimate

Fiscal Impact

Year 1 

Year 2 

Year 3 

 

State Cost

Indeterminate

 

 

 

 

·         The Office of Legislative Services (OLS) states that since there is not enough information with which to determine the number of petitions that would be filed with the court for temporary extreme risk protective orders or extreme risk protective orders, it cannot determine the cost to be incurred by the Judiciary for hearing these petitions.  The OLS also notes that the Administrative Office of the Courts (AOC) would incur indeterminate costs to create and maintain an electronic central registry of all persons who have had an extreme risk protective order (ERPO) entered against them, and all persons who have been charged with a violation of a temporary extreme risk protective order (T-ERPO) or ERPO.

 

·         In addition, the OLS notes that local law enforcement agencies may incur indeterminate costs to store or destroy after one year those firearms or ammunition surrendered by individuals against whom temporary extreme risk protective orders or extreme risk protective orders are issued.

 

·         The OLS states that the committee substitute classifies certain violations of the provisions as third or fourth degree crimes.  Offenders convicted of third or fourth degree crimes are subject to terms of imprisonment of up to 18 months (fourth degree) or up to 5 years (third degree).  However, convictions for third and fourth degree offenses carry with them the presumption of non-incarceration for first time offenders.  Any costs incurred by the Department of Corrections to house these offenders, if incarcerated, would be indeterminate.

 

·         The committee substitute, entitled the “Extreme Risk Protective Order Act of 2018,” establishes a process and procedures for obtaining a protective order against persons who pose a significant danger of bodily injury to themselves or others by possessing or purchasing a firearm.  The order would prohibit the subject of the order from possessing or purchasing a firearm or ammunition and from holding a firearms purchaser identification card, permit to purchase a handgun, and permit to carry a handgun.

 

 

BILL DESCRIPTION

 

      The amended committee substitute, entitled the “Extreme Risk Protective Order Act of 2018,” establishes a process and procedures for obtaining a protective order against persons who pose a significant danger of bodily injury to themselves or others by possessing or purchasing a firearm.  The protective order would prohibit the subject from possessing or purchasing a firearm or ammunition and from holding a firearms purchaser identification card (FPIC), permit to purchase a handgun (PPH), and permit to carry a handgun (PCH). 

 

TEMPORARY EXTREME RISK PROTECTIVE ORDERS (T-ERPO)

      The committee substitute authorizes a family or household member or a law enforcement officer to petition for a T-ERPO alleging that a person poses a significant danger of bodily injury to self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm.  A petition for a T-ERPO is to be filed in court in accordance with the Rules of Court.  The petition is to include an affidavit including the number, types, physical description, and locations of any firearms and ammunition the family member or law enforcement officer believes are controlled or possessed by the person. 

      The court is to issue the T-ERPO if it finds good cause to believe that the person poses an immediate and present danger of causing bodily injury to self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm.  The committee substitute sets forth alternate procedures if the petition for a T-ERPO is filed against a law enforcement officer. 

      In deciding whether to issue a T-ERPO, the court is required to consider whether the person has a history of threats or acts of violence directed toward self or others; a history of use, attempted use, or threatened use of physical force against another; any temporary or final domestic violence restraining order or sexual violence protective order or a violation of a temporary or final domestic violence restraining order or sexual violence protective order; any prior arrests, pending charges, or convictions for a violent indictable crime or disorderly persons offense, a stalking offense, or domestic violence offense; an offense involving animal cruelty; a history of drug or alcohol abuse; and any recent acquisitions of a firearm, ammunition, or other deadly weapon. 

      While a T-ERPO is in effect, the person is prohibited from possessing or purchasing firearms or ammunition, as well obtaining or holding a FPIC, PPH, or PCH.  Firearms, ammunition, FPICs, PPHs, and PCHs are to be surrendered, and the FPICs, PPHs, and PCHs are revoked.   

 

EXTREME RISK PROTECTIVE ORDER (ERPO)

      The court is to consider whether a one-year ERPO should be issued during a hearing to be held within 10 days of the filing of the T-ERPO.  The court is to consider the same factors considered for a T-ERPO. The ERPO is to be issued if the court finds by a preponderance of the evidence that the person poses a significant danger of bodily injury to self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm.  The ERPO may be extended for one year under certain circumstances. 

 

SURRENDER PROVISIONS

      A person against whom a T-ERPO or ERPO is issued is required to surrender to the local law enforcement agency or to surrender or sell to a federally licensed dealer all firearms and ammunition in the person’s custody or control, or which the person owns or possesses, and to surrender to law enforcement any FPICs, PPHs, and PCHs the person holds. The person can petition for the return of the firearms or ammunition within three months, but not less than 30 days of expiration of the order, with certain exceptions.  The person also may sell the firearms or ammunition to a licensed dealer. A law enforcement agency holding a surrendered firearm or ammunition a year after the order expires is authorized to destroy the firearm or ammunition in accordance with agency policies.

      A person has one opportunity to terminate a T-ERPO or ERPO.  The person is required to prove at a hearing, by a preponderance of the evidence, that he or she no longer poses a significant danger of causing bodily injury to self or another by having custody or control of, owning, possessing, purchasing, or receiving a firearm. 

 

PENALTIES

      A person who violates a condition of a T-ERPO or ERPO is to be arrested for contempt of court. 

      A person who violates a T-ERPO or ERPO is guilty of a fourth degree crime, which is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.  A person subject to a T-ERPO or ERPO who purchases, acquires, owns, possesses, or controls a firearm or ammunition commits a crime of the third degree, which is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.  The person also is disqualified from obtaining a FPIC, PPH, or PCH. 

 

ELECTRONIC CENTRAL REGISTRY

      Finally, the committee substitute requires the AOC to include in an electronic central registry created and maintained by the AOC all persons who have had an ERPO entered against them, and all persons who have been charged with a violation of a T-ERPO or ERPO. 

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      None received.

 

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS states that since there is not enough information with which to determine the number of petitions that would be filed with the court for temporary extreme risk protective orders or extreme risk protective orders, it cannot determine the cost to be incurred by the Judiciary for hearing these petitions.  A petitioner who is a family or household member is not to be required to serve any order on a respondent and law enforcement agencies are not to charge a fee or seek reimbursement for cost to serve an order.

      The OLS also notes that the AOC would incur indeterminate costs to create and maintain an electronic central registry of all persons who have had an ERPO entered against them, and all persons who have been charged with a violation of a T-ERPO or ERPO.  In addition, local law enforcement agencies may incur indeterminate costs to store or destroy after one year those firearms or ammunition surrendered by individuals against whom temporary extreme risk protective orders or extreme risk protective orders are issued.

      The OLS also notes that the committee substitute classifies certain violations of the provisions as third or fourth degree crimes.  Offenders convicted of third or fourth degree crimes are subject to terms of up to 18 months (fourth degree) or up to 5 years (third degree).  However, convictions for third and fourth degree offenses carry with them the presumption of non-incarceration for first time offenders.  Any costs incurred by the Department of Corrections to house these offenders, if incarcerated, would be indeterminate.

 

 

Section:

Judiciary

Analyst:

Anne Raughley

Principal Fiscal Analyst

Approved:

Frank W. Haines III

Legislative Budget and Finance Officer

 

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).