Committee approves emergency amendment to streamline extreme risk order filings
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Summary
The judiciary committee recommended LD 2032, which would require law enforcement to file endorsed petitions and attachments with proof of service in extreme risk protection order ("yellow flag") cases; members added an emergency preamble to speed implementation.
The Joint Standing Committee on the Judiciary voted to recommend LD 2032 as amended, adding an emergency preamble to make the change effective immediately upon enactment. Representative Amy (surname redacted in transcript) presented the bill as a judicial-branch request to clarify filing obligations in the 2024 amendments to the extreme risk protection order process.
Julie Finn told the committee that the 2024 change removed the prosecutor-as-filer requirement but did not add a clear statutory party to file the endorsed petition with the court. In practice, law enforcement often initiates the process but does not attach the endorsed petition and required paperwork at the time they file proof of service; the bill would create a statutory obligation to include those attachments, helping the court meet statutory deadlines for notice and hearing scheduling.
Committee members asked about existing communication between court clerks and law enforcement, the role of Enterprise Justice modernization, and whether an emergency preamble was warranted given an uptick in petitions. Representative Porter moved 'ought to pass as amended' to include an emergency preamble; the committee adopted the motion and recorded a unanimous vote among those present (11–0–3 absent).
The committee will return the bill with the amendment language and emergency preamble for floor processing.
