Title
Title
Rules and Forms | Criminal Law: Firearm and Body Armor Prohibitions (Action Required)
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Summary
Summary
The Criminal Law Advisory Committee recommends revising six criminal forms to incorporate firearm and body armor prohibitions enacted in recent legislation. The committee also recommends revisions to the plea and firearm relinquishment forms to reflect new procedures on firearm relinquishment, clarify prohibited items and relinquishment requirements, and refer to the possibility of a lifetime prohibition on firearm possession for misdemeanor domestic violence offenses. Finally, the committee recommends additional revisions to the felony plea form based on other statutory changes, and to the criminal protective order forms based on stakeholder suggestions.
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Recommendation
Recommendation
The Criminal Law Advisory Committee recommends that the Judicial Council, effective January 1, 2025:
1. Revise Plea Form, With Explanations and Waiver of Rights--Felony (form CR-101) to advise defendants about body armor, firearm, and ammunition-related prohibitions; delete references to the Division of Juvenile Justice; and update information related to prison commitments based on parole violations;
2. Revise Domestic Violence Plea Form, With Waiver of
Rights--Misdemeanor (form CR-102) to advise defendants about and clarify body armor, firearm, and ammunition-related prohibitions;
3. Revise Criminal Protective Order--Domestic Violence (form CR-160) and Criminal Protective Order--Other Than Domestic Violence
(form CR-161) to advise defendants about body armor prohibitions and relinquishment and to clarify the item related to additional protected persons;
4. Revise Order to Surrender Firearms in Domestic Violence Case (form CR-162) to advise defendants about body armor prohibitions and relinquishment; and
5. Revise Prohibited Persons Relinquishment Form Findings (form CR-210) to advise defendants about body armor prohibitions and to align the form with ...
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