SB 262 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in actions, proceedings and other matters generally, providing for extreme risk protection orders.

PRINTER'S NO.   214

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 262
                                                 Session of
                                                   2025

     INTRODUCED BY FONTANA, COMITTA, HUGHES, STREET, KEARNEY,
        HAYWOOD, COSTA, KANE, TARTAGLIONE, MILLER, SAVAL, SCHWANK,
        MUTH AND SANTARSIERO, FEBRUARY 20, 2025

     REFERRED TO JUDICIARY, FEBRUARY 20, 2025


                                     AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in actions, proceedings
 3      and other matters generally, providing for extreme risk
 4      protection orders.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Title 42 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a chapter to read:
 9                                 CHAPTER 62B
10                      EXTREME RISK PROTECTION ORDERS
11   Sec.
12   62B01.   Definitions.
13   62B02.   Petition for order.
14   62B03.   Procedure.
15   62B04.   Ex parte orders.
16   62B05.   Service of orders.
17   62B06.   Termination and renewal of orders.
18   62B07.   Surrender of firearms.
 1   62B08.   Return and disposal of firearms.
 2   62B09.   Reporting of orders.
 3   62B10.   Penalties.
 4   62B11.   Other authority retained.
 5   62B12.   Immunity.
 6   62B13.   Instructional and informational material.
 7   62B14.   Registry.
 8   § 62B01.   Definitions.
 9      The following words and phrases when used in this chapter
10   shall have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Extreme risk protection order."        An ex parte order or a
13   final order granted under this chapter.
14      "Family or household member."        A spouse or person who has
15   been a spouse, person living as a spouse or who lived as a
16   spouse, parent or child, other person related by consanguinity
17   or affinity, current or former sexual or intimate partner or
18   person who shares biological parenthood.
19      "Firearm."   The term shall have the same meaning given to it
20   under 18 Pa.C.S. § 6111(f) (relating to sale or transfer of
21   firearms).
22      "Firearm license."     A license issued under 18 Pa.C.S. § 6109
23   (relating to licenses).
24      "Foreign extreme risk protection order."        An extreme risk
25   protection order issued in the United States or its possessions.
26      "Minor court."     A magisterial district judge or a judge of
27   the Philadelphia Municipal Court, commissioner appointed under
28   section 1123 (relating to jurisdiction and venue), master
29   appointed under section 1126 (relating to masters) or master for
30   emergency relief.

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 1      "Petitioner."       A person who petitions for an order under this
 2   chapter.
 3      "Respondent."       A person who is identified as the respondent
 4   in a petition filed under this chapter.
 5   § 62B02.      Petition for order.
 6      (a)     Establishment of action.--
 7            (1)    An action known as a petition for an extreme risk
 8      protection order is established.
 9            (2)    A petition for an extreme risk protection order may
10      be filed by:
11                  (i)    a family or household member of the respondent;
12            or
13                  (ii)   a law enforcement officer or agency.
14            (3)    An action under this chapter must be filed in the
15      county where the petitioner resides or the county where the
16      respondent resides.
17      (b)     Contents of petition.--A petition shall:
18            (1)    Allege that the respondent poses a significant
19      danger of causing personal injury to self or others by having
20      in the respondent's custody or control, purchasing,
21      possessing or receiving a firearm and be accompanied by an
22      affidavit made under oath stating the specific statements,
23      actions or facts that give rise to a reasonable belief of
24      future dangerous acts by the respondent.
25            (2)    Identify the number, types and locations of the
26      firearms the petitioner reasonably believes to be in the
27      respondent's current ownership, possession, custody or
28      control.
29            (3)    Identify whether there is a known existing
30      protection order governing the respondent under any other

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 1    applicable statute.
 2          (4)   Identify whether there is a pending lawsuit,
 3    complaint, petition or other action between the parties to
 4    the petition under the laws of this Commonwealth.
 5    (c)   Effect of existing orders and pending actions.--
 6          (1)   The prothonotary shall verify the terms of any
 7    existing order governing the parties.
 8          (2)   The court may not delay granting relief because of
 9    the existence of a pending action between the parties or the
10    necessity of verifying the terms of an existing order.
11          (3)   A petition for an extreme risk protection order may
12    be granted whether or not there is a pending action between
13    the parties.
14    (d)   Notice to family and household members.--
15          (1)   If the petitioner is a law enforcement officer or
16    agency, the petitioner shall make a good faith effort to
17    provide notice to a family or household member of the
18    respondent and to any known third party who may be at risk of
19    violence.
20          (2)   The notice shall state that the petitioner intends
21    to petition the court for an extreme risk protection order or
22    has already done so and include referrals to appropriate
23    resources, including mental health, domestic violence and
24    counseling resources.
25          (3)   The petitioner shall attest in the petition to
26    having provided the notice or attest to the steps that will
27    be taken to provide the notice.
28    (e)   Omission of petitioner's address.--
29          (1)   If the petition states that disclosure of the
30    petitioner's address would risk harm to the petitioner or a

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 1      family or household member of the petitioner, the
 2      petitioner's address may be omitted from all documents filed
 3      with the court.
 4            (2)   If the petitioner has not disclosed an address under
 5      this subsection, the petitioner shall designate an
 6      alternative address at which the respondent may serve notice
 7      of any motions. If the petitioner is a law enforcement
 8      officer or agency, the address of record shall be that of the
 9      law enforcement agency.
10      (f)     Fees and bonds prohibited.--
11            (1)   No fees for filing or service of process may be
12      charged by a court or any public agency to a petitioner
13      seeking relief under this chapter. The petitioner shall be
14      provided the necessary number of certified copies, forms and
15      instructional brochures free of charge.
16            (2)   A person may not be required to post a bond to
17      obtain relief in any proceeding under this section.
18      (g)     Jurisdiction.--
19            (1)   The courts of common pleas have jurisdiction over
20      proceedings under this chapter and minor courts have limited
21      jurisdiction over issuance and enforcement of ex parte
22      extreme risk protection orders issued under this chapter.
23            (2)   If the notice and order are not served on the
24      respondent in time for the full hearing, the issuing court
25      has concurrent jurisdiction with the court to extend the ex
26      parte extreme risk protection order.
27   § 62B03.    Procedure.
28      (a)     Hearing.--Upon receipt of the petition, the court shall
29   order a hearing to be held not later than 14 days from the date
30   of the order and shall issue a notice of hearing to the

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 1   respondent.
 2      (b)   Service on respondent.--
 3            (1)   The prothonotary shall cause a copy of the notice of
 4      hearing and petition to be forwarded on or before the next
 5      judicial day to the appropriate law enforcement agency for
 6      service upon the respondent.
 7            (2)   Personal service of the notice of hearing and
 8      petition shall be made upon the respondent by a law
 9      enforcement officer not less than five business days prior to
10      the hearing.
11      (c)   Ex parte orders.--The court may, as provided in section
12   62B04 (relating to ex parte orders), issue an ex parte extreme
13   risk protection order pending the hearing ordered under
14   subsection (a). An ex parte order shall be served concurrently
15   with the notice of hearing and petition.
16      (d)   Findings by court.--Upon hearing the matter, if the
17   court finds by a preponderance of the evidence that the
18   respondent poses a significant danger of causing injury to self
19   or others by having in the respondent's custody or control,
20   purchasing, possessing or receiving a firearm, the court shall
21   issue an extreme risk protection order that is effective for a
22   period of one year.
23      (e)   Evidence.--In determining whether grounds for an extreme
24   risk protection order exist, the court may consider any relevant
25   evidence, including, but not limited to, any of the following:
26            (1)   A recent act or threat of violence or injury by the
27      respondent against self or others, whether or not the
28      violence or threat of violence involves a firearm.
29            (2)   A pattern of acts or threats of violence or injury
30      by the respondent within the past 12 months, including, but

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 1    not limited to, acts or threats of violence by the respondent
 2    against self or others.
 3          (3)    A dangerous mental health issue of the respondent.
 4          (4)    A violation by the respondent of a protection order
 5    issued under Chapter 62A (relating to protection of victims
 6    of sexual violence or intimidation) or 23 Pa.C.S. Ch. 61
 7    (relating to protection from abuse).
 8          (5)    A previous or existing extreme risk protection order
 9    issued against the respondent.
10          (6)    A violation of a previous or existing extreme risk
11    protection order issued against the respondent.
12          (7)    A conviction of the respondent for a crime that
13    involves domestic violence.
14          (8)    The respondent's ownership, access to or intent to
15    possess firearms.
16          (9)    The unlawful or reckless use, display or brandishing
17    of a firearm by the respondent.
18          (10)   The history of use, attempted use or threatened use
19    of physical force by the respondent against another person or
20    the respondent's history of stalking another person.
21          (11)   A prior arrest of the respondent for an offense
22    graded as a felony, crime of violence or personal injury
23    crime.
24          (12)   Corroborated evidence of the abuse of controlled
25    substances or alcohol by the respondent.
26          (13)   Evidence of recent acquisition of a firearm by the
27    respondent.
28    (f)   Authority of court.--The court may:
29          (1)    Examine under oath the petitioner, the respondent
30    and witnesses or, in lieu of examination, consider a sworn

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 1      affidavit of the petitioner, the respondent and witnesses.
 2            (2)   Review the criminal history records related to the
 3      respondent.
 4            (3)   Review all records relating to the respondent under
 5      the act of July 9, 1976 (P.L.817, No.143), known as the
 6      Mental Health Procedures Act.
 7            (4)   During the hearing, consider whether a mental health
 8      evaluation or chemical dependency evaluation is appropriate,
 9      and order the evaluation if appropriate.
10      (g)   Contents of order.--An extreme risk protection order
11   shall include the following:
12            (1)   A statement of the grounds supporting the issuance
13      of the order.
14            (2)   The date and time the order was issued.
15            (3)   The date and time the order expires.
16            (4)   Whether a mental health evaluation or chemical
17      dependency evaluation of the respondent is required to be
18      completed.
19            (5)   The address of the court in which a responsive
20      pleading may be filed.
21            (6)   A description of the requirements for relinquishment
22      of firearms under this chapter.
23            (7)   The following statement:
24                  To the subject of this protection order: This order
25                  will last until the date and time noted above. If you
26                  have not done so already, you must surrender to the
27                  (insert name of local law enforcement agency) all
28                  firearms in your custody, control or possession and
29                  the firearm license issued to you immediately. You
30                  may not have in your custody or control, purchase,

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 1                 possess, receive or attempt to purchase or receive a
 2                 firearm while this order is in effect. You have the
 3                 right to request a hearing to terminate this order
 4                 every 12-month period that this order is in effect,
 5                 starting from the date of this order and continuing
 6                 through any renewal. You may seek the advice of an
 7                 attorney as to any matter connected with this order.
 8      (h)     Notice relating to termination hearing.--When the court
 9   issues an extreme risk protection order, the court shall inform
10   the respondent that the respondent may request termination of
11   the order in the manner prescribed in this chapter. The court
12   shall provide the respondent with a form to request a
13   termination hearing.
14      (i)     Reasons for denial of order.--If the court denies an
15   extreme risk protection order, the court shall state the
16   particular reasons for the court's denial.
17   § 62B04.    Ex parte orders.
18      (a)     Extreme risk protection order.--Upon the filing of a
19   petition under section 62B02 (relating to petition for order), a
20   petitioner may request that an ex parte extreme risk protection
21   order be issued before a hearing for an extreme risk protection
22   order, without notice to the respondent, by including in the
23   petition detailed allegations based on personal knowledge that
24   the respondent poses an imminent and significant danger of
25   causing injury to self or others by having in the respondent's
26   custody or control, purchasing, possessing or receiving a
27   firearm.
28      (b)     Grounds to issue.--If a court finds by clear and
29   convincing evidence that there is reasonable cause to believe
30   that the respondent poses an imminent and significant danger of

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 1   causing injury to self or others by having in the respondent's
 2   custody or control, purchasing, possessing or receiving a
 3   firearm, the court shall issue an ex parte extreme risk
 4   protection order.
 5      (c)   Hearings.--
 6            (1)   The court shall hold an ex parte extreme risk
 7      protection order hearing on the day the petition is filed or
 8      on the judicial day immediately following the day the
 9      petition is filed.
10            (2)   In accordance with this chapter, the court shall
11      schedule a hearing within 14 days of the issuance of an ex
12      parte extreme risk protection order to determine if a one-
13      year extreme risk protection order is issued under this
14      chapter.
15      (d)   Contents of order.--An ex parte extreme risk protection
16   order shall include:
17            (1)   A statement of the grounds for the order.
18            (2)   The date and time the order was issued.
19            (3)   The date and time the order expires.
20            (4)   The address of the court in which a responsive
21      pleading may be filed.
22            (5)   The date and time of the scheduled hearing.
23            (6)   A description of the requirements for surrender of
24      firearms under this chapter.
25            (7)   The following statement:
26                  To the subject of this protection order: This order
27                  is valid until the date and time noted above. You are
28                  required to surrender all firearms in your custody,
29                  control or possession. You may not have in your
30                  custody or control or you may not purchase, possess,

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 1                  receive or attempt to purchase or receive a firearm
 2                  while this order is in effect. You must surrender to
 3                  the (insert name of local law enforcement agency) all
 4                  firearms in your custody, control or possession and
 5                  the firearm license issued to you immediately. A
 6                  hearing will be held on the date and at the time
 7                  noted above to determine if an extreme risk
 8                  protection order should be issued. Failure to appear
 9                  at that hearing may result in a court making an order
10                  against you that is valid for one year. You may seek
11                  the advice of an attorney as to any matter connected
12                  with this order.
13      (e)     Expiration of order.--An ex parte extreme risk
14   protection order under section 62B03 (relating to procedure)
15   shall expire upon the date of the entry of an extreme risk
16   protection order.
17      (f)     Service of order.--An ex parte extreme risk protection
18   order shall be served by a law enforcement officer in the same
19   manner as provided for in this chapter for service of the notice
20   of hearing and petition and shall be served concurrently with
21   the notice of hearing and petition.
22      (g)     Reasons for denial of order.--If the court denies an ex
23   parte extreme risk protection order, the court shall state the
24   particular reasons for the court's denial.
25   § 62B05.    Service of orders.
26      An extreme risk protection order issued under this chapter
27   shall be served as provided under section 62B04 (relating to ex
28   parte orders) upon the respondent, except as otherwise provided
29   in this chapter, as follows:
30            (1)   The law enforcement agency with jurisdiction in the

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 1      municipality in which the respondent resides shall serve the
 2      respondent personally.
 3            (2)   If the law enforcement agency cannot complete
 4      service on the respondent within 10 days, the law enforcement
 5      agency shall notify the petitioner. The petitioner shall
 6      provide information sufficient to permit the notification.
 7            (3)   If an order entered by the court recites that the
 8      respondent appeared in person before the court, the necessity
 9      for further service shall be waived and proof of service of
10      that order shall not be necessary.
11            (4)   Returns of service under this chapter shall be made
12      in accordance with the applicable court rule.
13   § 62B06.    Termination and renewal of orders.
14      (a)     Procedure to terminate.--
15            (1)   The respondent may submit a written request for a
16      hearing to terminate an extreme risk protection order issued
17      under this chapter every 12-month period that the order is in
18      effect, starting from the date of the order and continuing
19      through any renewal.
20            (2)   Upon receipt of the request for a hearing to
21      terminate an extreme risk protection order, the court shall
22      set a date for a hearing. Notice of the request shall be
23      served on the petitioner in accordance with this chapter. The
24      hearing shall occur no sooner than 14 days and no later than
25      30 days from the date of service of the request upon the
26      petitioner.
27            (3)   The respondent shall have the burden of proving by a
28      preponderance of the evidence that the respondent does not
29      pose a significant danger of causing injury to self or others
30      by having in the respondent's custody or control, or by the

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 1      respondent purchasing, possessing or receiving, a firearm.
 2      The court may consider any relevant evidence, including
 3      evidence of the considerations specified in this chapter for
 4      the issuance of an order.
 5            (4)   If the court finds after the hearing that the
 6      respondent has met the respondent's burden of proof, the
 7      court shall terminate the order.
 8      (b)   Notice to petitioner.--The court shall notify the
 9   petitioner of the impending expiration of an extreme risk
10   protection order. Notice shall be received by the petitioner 90
11   days before the date the order expires.
12      (c)   Motion to renew.--
13            (1)   A family or household member of a respondent or a
14      law enforcement officer or agency may by motion request a
15      renewal of an extreme risk protection order at any time
16      within 90 days before the expiration of the order.
17            (2)   Upon receipt of the motion to renew, the court shall
18      order that a hearing be held not later than 14 days from the
19      date the order issues.
20            (3)   The respondent shall be personally served in the
21      same manner prescribed by section 62B05 (relating to service
22      of orders).
23            (4)   In determining whether to renew an extreme risk
24      protection order issued under this subsection, the court
25      shall consider all relevant evidence presented by the
26      petitioner and follow the same procedure as provided in this
27      chapter for issuance of an order.
28            (5)   (i)   If the court finds by a preponderance of the
29            evidence that the requirements for issuance of an extreme
30            risk protection order continue to be met, the court shall

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 1            renew the order.
 2                  (ii)   If, after notice, the motion for renewal is
 3            uncontested and the petitioner seeks no modification of
 4            the order, the order may be renewed on the basis of the
 5            petitioner's motion or affidavit stating that there has
 6            been no material change in relevant circumstances since
 7            entry of the order and stating the reason for the
 8            requested renewal.
 9            (6)   The renewal of an extreme risk protection order
10      shall be for one year, subject to termination as provided in
11      subsection (a) or further renewal by order of the court.
12   § 62B07.    Surrender of firearms.
13      (a)     Court order.--Upon issuance of an extreme risk
14   protection order under this chapter, including an ex parte
15   extreme risk protection order, the court shall order the
16   respondent to surrender to the local law enforcement agency all
17   firearms in the respondent's custody, control or possession and
18   a firearm license issued under 18 Pa.C.S. § 6109 (relating to
19   licenses).
20      (b)     Duties of law enforcement officers.--
21            (1)   The law enforcement officer serving an extreme risk
22      protection order under this chapter, including an ex parte
23      extreme risk protection order, shall request that the
24      respondent immediately surrender all firearms in the
25      respondent's custody, control or possession and the firearm
26      license and conduct any search permitted by law for firearms.
27            (2)   The law enforcement officer shall take possession of
28      all firearms belonging to the respondent that are
29      surrendered, in plain sight or discovered from a lawful
30      search.

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 1          (3)   If personal service by a law enforcement officer is
 2    not possible, or not required because the respondent was
 3    present at the extreme risk protection order hearing, the
 4    respondent shall surrender the firearms in a safe manner to
 5    the control of the local law enforcement agency within 48
 6    hours of being served with the order by alternate service or
 7    within 48 hours of the hearing at which the respondent was
 8    present and ordered to surrender all firearms and the firearm
 9    license.
10          (4)   At the time of surrender, the law enforcement
11    officer taking possession of firearms and the firearm license
12    shall issue a receipt identifying all firearms that have been
13    surrendered and provide a copy of the receipt to the
14    respondent. Within 72 hours after service of the order, the
15    law enforcement officer serving the order shall file the
16    original receipt with the court and shall ensure that the
17    appropriate law enforcement agency retains a copy of the
18    receipt.
19    (c)   Effect of failure to complete.--
20          (1)   Upon the sworn statement or testimony of the
21    petitioner or of any law enforcement officer alleging that
22    the respondent has failed to comply with the surrender of
23    firearms as required by an order issued under this chapter,
24    the court shall determine whether probable cause exists to
25    believe that the respondent has failed to surrender all
26    firearms in the respondent's possession, custody or control.
27          (2)   If probable cause exists, the court shall issue a
28    warrant describing the firearms and authorizing a search of
29    the locations where the firearms are reasonably believed to
30    be and the seizure of firearms discovered from the search.

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 1      (d)   Other persons who are lawful owners.--If a person other
 2   than the respondent claims title to a firearm surrendered under
 3   this section, and the person is determined by the law
 4   enforcement agency to be the lawful owner of the firearm, the
 5   firearm shall be returned to the person, provided that:
 6            (1)   The firearm is removed from the respondent's
 7      custody, control or possession and the person agrees to store
 8      the firearm in a manner such that the respondent does not
 9      have access to or control of the firearm.
10            (2)   The firearm is not otherwise unlawfully possessed by
11      the person.
12            (3)   The person is informed and acknowledges that
13      providing a firearm to the respondent for whom an order is
14      issued under this chapter commits an offense under 18 Pa.C.S.
15      § 6105 (relating to persons not to possess, use, manufacture,
16      control, sell or transfer firearms) if the person returns the
17      firearm to the possession of the respondent.
18      (e)   Firearm surrender hearing.--
19            (1)   Upon the issuance of a one-year extreme risk
20      protection order, the court shall order a new hearing date
21      and require the respondent to appear not later than three
22      business days from the issuance of the order.
23            (2)   The court shall require a showing that the person
24      subject to the order has surrendered all firearms in the
25      person's custody, control or possession.
26            (3)   The court may dismiss the hearing upon a
27      satisfactory showing that the respondent is in compliance
28      with the order.
29      (f)   Duty of Pennsylvania State Police.--The Pennsylvania
30   State Police shall develop policies and procedures for use by

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 1   all law enforcement agencies within 180 days of the effective
 2   date of this subsection regarding the acceptance, storage and
 3   return of firearms required to be surrendered under this
 4   chapter.
 5   § 62B08.    Return and disposal of firearms.
 6      (a)     Return of surrendered firearm and license.--If an
 7   extreme risk protection order is terminated or expires without
 8   renewal, a law enforcement agency holding a firearm and firearm
 9   license that has been surrendered under this chapter shall
10   return a surrendered firearm and firearm license requested by a
11   respondent only after confirming:
12            (1)   Through a background check, that the respondent is
13      currently eligible to own or possess firearms under Federal
14      and State law.
15            (2)   With the court that the extreme risk protection
16      order has terminated or has expired without renewal.
17      (b)     Notice to family and household members.--A law
18   enforcement agency shall, if requested, provide prior notice of
19   the return of a firearm to a respondent to family or household
20   members of the respondent in the manner provided by law.
21      (c)     Disposal.--A firearm that is surrendered by a respondent
22   under this chapter and remains unclaimed by the lawful owner
23   shall be disposed of in accordance with the law enforcement
24   agency's policies and procedures for the disposal of firearms in
25   police custody.
26   § 62B09.    Reporting of orders.
27      (a)     Duties of clerk of court and law enforcement agency.--
28            (1)   The clerk of court shall enter an extreme risk
29      protection order or ex parte extreme risk protection order
30      issued under this chapter into a Statewide judicial

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 1      information system on the same day the order is issued.
 2            (2)   The clerk of court shall forward a copy of an order
 3      issued under this chapter the same day the order is issued to
 4      the appropriate law enforcement agency specified in the
 5      order.
 6            (3)   The clerk of court shall forward a copy of the order
 7      to the Pennsylvania State Police for entry in the
 8      Pennsylvania Instant Check System.
 9            (4)   Upon receipt of the copy of the order, the law
10      enforcement agency shall enter the order into the national
11      instant criminal background check system, any other Federal
12      or State computer-based system used by law enforcement or
13      others to identify prohibited purchasers of firearms and any
14      computer-based criminal intelligence information system
15      available in this Commonwealth used by law enforcement
16      agencies to list outstanding warrants.
17            (5)   The order shall remain in each system for the period
18      stated in the order and the law enforcement agency shall only
19      expunge orders from the systems that have expired or
20      terminated.
21            (6)   Entry into the computer-based criminal intelligence
22      information system constitutes notice to all law enforcement
23      agencies of the existence of the order.
24            (7)   The order shall be fully enforceable in any county
25      in this Commonwealth.
26      (b)   Termination order.--If an extreme risk protection order
27   is terminated before its expiration date, the clerk of court
28   shall forward the same day a copy of the termination order to
29   the Pennsylvania State Police and the appropriate law
30   enforcement agency specified in the termination order. Upon

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 1   receipt of the order, the law enforcement agency shall promptly
 2   remove the order from any computer-based system in which the
 3   order was entered under this section.
 4   § 62B10.   Penalties.
 5      A person who:
 6          (1)   Files a petition under this chapter knowing the
 7      information in the petition to be materially false, or with
 8      intent to harass the respondent, commits a misdemeanor of the
 9      third degree.
10          (2)   Has in the person's custody or control, or
11      purchases, possesses or receives, a firearm with knowledge
12      that the person is prohibited from doing so by an order
13      issued under this chapter commits a misdemeanor of the first
14      degree and is prohibited from having in the person's custody
15      or control, or purchasing, possessing or receiving or
16      attempting to purchase or receive a firearm for a period of
17      five years from the date the existing order expires.
18   § 62B11.   Other authority retained.
19      This chapter does not affect the ability of a law enforcement
20   officer to remove a firearm or firearm license from a person or
21   conduct a search and seizure for firearms under other lawful
22   authority.
23   § 62B12.   Immunity.
24      Nothing in this chapter shall be construed to impose criminal
25   or civil liability on any person or entity for acts or omissions
26   related to obtaining an extreme risk protection order or ex
27   parte extreme risk protection order, including, but not limited
28   to, reporting, declining to report, investigating, declining to
29   investigate, filing or declining to file a petition under this
30   chapter.

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 1   § 62B13.    Instructional and informational material.
 2      (a)     Access to information.--The Office of Attorney General
 3   shall develop and prepare instructions and informational
 4   brochures, standard petitions and extreme risk protection order
 5   forms and a staff handbook on the extreme risk protection order
 6   process. The following apply:
 7            (1)   The standard petition and order forms must be used
 8      for all petitions filed and orders issued under this chapter.
 9            (2)   The instructions, brochures, forms and handbook
10      shall be prepared in consultation with interested persons,
11      including representatives of gun violence prevention groups,
12      judges and law enforcement personnel. Materials shall be
13      based on best practices and available electronically online
14      to the public.
15            (3)   The instructions shall be designed to assist
16      petitioners in completing the petition and include a sample
17      of a standard petition and order for protection forms.
18            (4)   The instructions and standard petition shall include
19      a means for a petitioner to identify, with only lay
20      knowledge, the firearms the respondent may own, possess,
21      receive or have in the respondent's custody or control. The
22      instructions shall provide pictures of types of firearms that
23      a petitioner may choose from to identify the relevant
24      firearms or an equivalent means to allow a petitioner to
25      identify firearms without requiring specific or technical
26      knowledge regarding firearms.
27            (5)   The informational brochure shall describe the use of
28      and the process for obtaining, modifying and terminating an
29      extreme risk protection order under this chapter and provide
30      relevant forms.

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 1        (6)   The extreme risk protection order form shall
 2    include, in a conspicuous location, notice of criminal
 3    penalties resulting from violation of the order and the
 4    following statement:
 5              You have the sole responsibility to avoid or refrain
 6              from violating this order's provisions. Only the
 7              court can change the order and only upon written
 8              application.
 9        (7)   The staff handbook shall allow for the addition of a
10    community resource list by the clerk of court. All clerks of
11    court may create a community resource list of crisis
12    intervention, mental health, substance abuse, interpreter,
13    counseling and other relevant resources serving the county in
14    which the court is located. The clerk of court may make the
15    community resource list available as part of or in addition
16    to the informational brochure described in this subsection.
17        (8)   The Office of Attorney General shall distribute a
18    master copy of the petition and order forms, instructions and
19    informational brochures to all clerks of court and shall
20    distribute a master copy of the petition and order forms to
21    all superior, district and municipal courts. Distribution of
22    all documents shall, at a minimum, be in an electronic format
23    or formats accessible to all courts and clerks of court in
24    this Commonwealth.
25        (9)   The Office of Attorney General shall determine the
26    significant non-English-speaking or limited-English-speaking
27    populations in this Commonwealth. The administrator shall
28    then arrange for translation of the instructions and
29    informational brochures required by this section, which shall
30    contain a sample of the standard petition and order for

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 1      protection forms, into the languages spoken by those
 2      significant non-English-speaking populations and shall
 3      distribute a master copy of the translated instructions and
 4      informational brochures to all clerks of court within one
 5      year of the effective date of this paragraph.
 6      (b)     Updates.--The Office of Attorney General shall update
 7   the instructions, brochures, standard petition and extreme risk
 8   protection order forms and staff handbook as necessary,
 9   including when changes in the law make an update necessary.
10   § 62B14.    Registry.
11      (a)     Duties of Pennsylvania State Police.--The Pennsylvania
12   State Police shall establish a Statewide registry of extreme
13   risk protection orders and shall maintain a complete and
14   systematic record and index of all valid ex parte and final
15   extreme risk protection orders filed under subsection (b). The
16   Statewide registry shall include, but need not be limited to,
17   the following:
18            (1)   The names of the petitioner and any other protected
19      party.
20            (2)   The name and address of the respondent.
21            (3)   The relationship between the petitioner and the
22      respondent.
23            (4)   The date the order was entered.
24            (5)   The date the order expires.
25            (6)   The relief granted under this chapter.
26            (7)   The judicial district in which the order was
27      entered.
28            (8)   Where furnished, the Social Security number and date
29      of birth of the respondent.
30            (9)   Whether or not a firearm and firearm license were

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 1      ordered to be relinquished.
 2      (b)   Duty of prothonotary.--
 3            (1)   The prothonotary shall send, on a form prescribed by
 4      the Pennsylvania State Police, a copy of the extreme risk
 5      protection order to the Statewide registry of extreme risk
 6      protection orders so that the copy of the extreme risk
 7      protection order is received within 24 hours of the entry of
 8      the order. An amendment to or revocation of an order shall be
 9      transmitted by the prothonotary within 24 hours of the entry
10      of the order for modification or revocation.
11            (2)   The Pennsylvania State Police shall enter orders,
12      amendments and revocations in the Statewide registry of
13      extreme risk protection orders within eight hours of receipt.
14            (3)   Terminated orders shall be purged from the registry.
15      (c)   Availability.--
16            (1)   The registry of the Pennsylvania State Police shall
17      be available at all times to inform courts, dispatchers and
18      law enforcement officers of a valid extreme risk protection
19      order involving a respondent.
20            (2)   When an order granting relief has been entered by a
21      court, the information shall be available to the Pennsylvania
22      State Police for the purpose of conducting a criminal history
23      records check in compliance with the applicable provisions of
24      18 Pa.C.S. Ch. 61 Subch. A (relating to Uniform Firearms
25      Act).
26            (3)   Information contained in the Statewide registry
27      shall not be subject to access under the act of February 14,
28      2008 (P.L.6, No.3), known as the Right-to-Know Law.
29      (d)   Information concerning crimes of violence.--Each law
30   enforcement agency shall transmit to the Pennsylvania State

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 1   Police, in a manner prescribed by the Pennsylvania State Police,
 2   the information specified in subsection (a) related to crimes of
 3   violence between family or household members.
 4      (e)   Annual report.--The Pennsylvania State Police shall
 5   annually compile and analyze the incident report data received
 6   and publish a Statewide report that includes aggregate, county
 7   and municipal statistical profiles. The Pennsylvania State
 8   Police shall transmit a copy of the annual report to the
 9   Governor and the General Assembly.
10      (f)   Enforcement of foreign extreme risk protection orders.--
11            (1)   All foreign extreme risk protection orders shall
12      have the presumption of validity in this Commonwealth, and
13      law enforcement officers shall make arrests for violations of
14      foreign extreme risk protection orders in the same manner as
15      applicable to violations of extreme risk protection orders
16      issued within this Commonwealth. Until a foreign order is
17      declared to be invalid by a court, the foreign order shall be
18      enforced by all law enforcement personnel in this
19      Commonwealth.
20            (2)   A law enforcement officer shall rely upon a copy of
21      a foreign extreme risk protection order that has been
22      presented to the law enforcement officer by any source and
23      may verify the existence of an extreme risk protection order
24      consistent with this chapter. The fact that a foreign extreme
25      risk protection order has not been filed with a prothonotary
26      or entered into the Pennsylvania State Police registry shall
27      not be grounds for law enforcement to refuse enforcement of
28      the order.
29      (g)   Immunity.--The following entities shall be immune from
30   civil liability for good faith conduct in an action arising in

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1   connection with a court's finding that the foreign order is
2   invalid or unenforceable:
3          (1)   Law enforcement agencies and their agents and
4      employees.
5          (2)   County correctional and detention facilities and
6      their agents and employees.
7          (3)   Prothonotaries and their agents and employees.
8      Section 2.   This act shall take effect in 60 days.




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