HB 2416 : Kevin Mannix Weakens Oregon’s Extreme Risk Protection Order Law

Position: Oppose Status: House Judiciary Committee

Modifies procedures for issuing extreme risk protection order. Modifies court findings for issuing order. Requires court to schedule second hearing seven days after issuing initial ex parte order and to order respondent to engage in mental health evaluation. Directs court to, at second hearing, consider results of mental health evaluation and either terminate order or order third hearing and second mental health evaluation. Directs court to, at third hearing, terminate order or continue order for final 30 days

Update

May 24, 2023

1-9 (H) First reading. Referred to Speaker's desk
1-11 (H) Referred to Judiciary

Hearings have not been scheduled for this bill, therefore, the bill is unlikely to move forward in the 2023 legislative session.

This bill changes the ERPO law changes language from a judge finding that “the respondent presents a risk in the near future, including an imminent risk, of suicide or of causing physical injury to another person” to “the respondent presents a “substantial risk of harm to self or others to such a serious level that it is necessary to temporarily prohibit the respondent from possessing deadly weapons.” [Emphasis Ceasefire Oregon]

HB 2416 further mandates that the respondent undergo a mental health evaluation and that the court “may [c]onsider the results of the mental health evaluation ordered under ORS 166.527 (6)(c).” Rep. Mannix seems to be unaware that most violent acts are not committed by people who are mentally ill. People with mental illness are more likely to be a victim of violent crime than the perpetrator. (Psychiatric Illness And Criminality, Noman Ghiasi; Yusra Azhar; Jasbir Singh, May 22, 2022)

HB 2416 allows the respondent to once again purchase, access, or possess deadly weapons once a hearing is held which must be within seven days of the finding.