Multiple bills addressing domestic violence, protection orders, and firearms are moving through the Legislature this session.
HB 1225, sponsored by Rep. Laurie Jinkins (D–Tacoma), establishes requirements for law enforcement officers when responding to domestic violence calls. The bill includes standards for removal of firearms and ammunition upon probable cause to believe a crime was committed. HB 1225 also requires law enforcement officers to question the victim about the alleged abuser's access to, and past use of, firearms. The statute addressing the responsibilities of law enforcement officers relating to domestic violence offenses is reorganized into three separate statutes addressing officer duties when responding to a domestic violence call, domestic violence training requirements, and requirements relating to records and reports of domestic violence incidents. A link to the hearing on the bill can be found at TVW.
SB 5027, sponsored by Sen. David Frockt (D–Seattle), increases the penalty for violation of an Extreme Risk Protection Order (ERPO) from a gross misdemeanor to a Class C felony on a person's second conviction rather than the third. An extreme risk protection order (ERPO) is a civil court order that temporarily prevents individuals who are at a high risk of harming themselves or others from accessing firearms.
The bill authorizes a court to enter an ERPO against a person under the age of eighteen years and requires notice to the person's parent or guardian of the legal obligation to safely secure any firearms.
SB 5027 requires the court to give law enforcement priority for any ERPO proceeding and allows law enforcement to petition after hours, recognizing the importance of immediate temporary removal of firearms in situations of extreme risk. The court may allow law enforcement to participate by phone for the proceeding or allow the prosecutor's office to present information to the court. A link to the hearing on the bill can be found at TVW.
SB 5143, sponsored by Sen. Manka Dhingra (D–Redmond), requires a law enforcement officer who responds to a domestic violence call and has probable cause to believe that a crime has been committed shall, to the extent feasible and otherwise allowed by law, seize all firearms and ammunition the officer has reasonable grounds to believe were used or threatened to be used in the commission of the offense. The officer may seize all firearms and ammunition in plain sight or discovered pursuant to a consensual or other lawful search. SB 5143 prohibits law enforcement from returning a seized firearm to an individual until after five business days of the seizure.
The bill also provides that local governments are immune from civil liability for damages arising out of the seizure or failure to seize a firearm, unless it is shown the officer or agency acted with gross negligence or in bad faith. A link to the hearing on the bill can be found at TVW.
All three of these bills have successfully advanced out of committee and await floor action.