BILL NUMBER: AB 302	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 21, 2010
	AMENDED IN ASSEMBLY  JUNE 1, 2009

INTRODUCED BY   Assembly Member Beall
    (   Coauthors:  
Assembly Members   Chesbro  
  and Portantino   ) 

                        FEBRUARY 17, 2009

   An act to amend Section  4434   8103  of
the Welfare and Institutions Code, relating to 
developmental services   deadly weapons  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 302, as amended, Beall.  Developmental services:
regional centers.   Deadly weapons: prohibited persons:
reports.  
   Existing law prohibits the purchase, receipt, possession, or
control of firearms for a period of 5 years by persons that have been
admitted to a mental health facility on the basis of their being a
threat to themselves or others or as a result of being certified for
intensive treatment. Existing law requires a mental health facility
that admits a person described above to immediately report specified
information to the Department of Justice with respect to the person.
 
   This bill would require, commencing July 1, 2012, that those
reports be submitted electronically, as specified.  
   Under existing law, the Lanterman Developmental Disabilities
Services Act, the State Department of Developmental Services is
authorized to contract with regional centers to provide, either
directly or through the purchase of finances, services, and supports
to individuals with developmental disabilities. Under existing law,
the department is required to ensure that regional centers comply
with state and federal law, including, among other things, purchase
of services policies.  
   This bill would require the department to use specified existing
data to determine specified information, for the state as a whole and
by regional center, relevant to the use of purchase of services
funds by regional centers for linguistically and ethnically diverse
consumers. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 8103 of the   Welfare
and Institutions Code  is amended to read: 
   8103.  (a) (1) No person who after October 1, 1955, has been
adjudicated by a court of any state to be a danger to others as a
result of a mental disorder or mental illness, or who has been
adjudicated to be a mentally disordered sex offender, shall purchase
or receive, or attempt to purchase or receive, or have in his or her
possession, custody, or control any firearm or any other deadly
weapon unless there has been issued to the person a certificate by
the court of adjudication upon release from treatment or at a later
date stating that the person may possess a firearm or any other
deadly weapon without endangering others, and the person has not,
subsequent to the issuance of the certificate, again been adjudicated
by a court to be a danger to others as a result of a mental disorder
or mental illness.
   (2) The court shall immediately notify the Department of Justice
of the court order finding the individual to be a person described in
paragraph (1). The court shall also notify the Department of Justice
of any certificate issued as described in paragraph (1).
   (b) (1) No person who has been found, pursuant to Section 1026 of
the Penal Code or the law of any other state or the United States,
not guilty by reason of insanity of murder, mayhem, a violation of
Section 207, 209, or 209.5 of the Penal Code in which the victim
suffers intentionally inflicted great bodily injury, carjacking or
robbery in which the victim suffers great bodily injury, a violation
of Section 451 or 452 of the Penal Code involving a trailer coach, as
defined in Section 635 of the Vehicle Code, or any dwelling house, a
violation of paragraph (1) or (2) of subdivision (a) of Section 262
or paragraph (2) or (3) of subdivision (a) of Section 261 of the
Penal Code, a violation of Section 459 of the Penal Code in the first
degree, assault with intent to commit murder, a violation of Section
220 of the Penal Code in which the victim suffers great bodily
injury, a violation of Section 12303.1, 12303.2, 12303.3, 12308,
12309, or 12310 of the Penal Code, or of a felony involving death,
great bodily injury, or an act which poses a serious threat of bodily
harm to another person, or a violation of the law of any other state
or the United States that includes all the elements of any of the
above felonies as defined under California law, shall purchase or
receive, or attempt to purchase or receive, or have in his or her
possession or under his or her custody or control any firearm or any
other deadly weapon.
   (2) The court shall immediately notify the Department of Justice
of the court order finding the person to be a person described in
paragraph (1).
   (c) (1) No person who has been found, pursuant to Section 1026 of
the Penal Code or the law of any other state or the United States,
not guilty by reason of insanity of any crime other than those
described in subdivision (b) shall purchase or receive, or attempt to
purchase or receive, or shall have in his or her possession,
custody, or control any firearm or any other deadly weapon unless the
court of commitment has found the person to have recovered sanity,
pursuant to Section 1026.2 of the Penal Code or the law of any other
state or the United States.
   (2) The court shall immediately notify the Department of Justice
of the court order finding the person to be a person described in
paragraph (1). The court shall also notify the Department of Justice
when it finds that the person has recovered his or her sanity.
   (d) (1) No person found by a court to be mentally incompetent to
stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code or
the law of any other state or the United States, shall purchase or
receive, or attempt to purchase or receive, or shall have in his or
her possession, custody, or control any firearm or any other deadly
weapon, unless there has been a finding with respect to the person of
restoration to competence to stand trial by the committing court,
pursuant to Section 1372 of the Penal Code or the law of any other
state or the United States.
   (2) The court shall immediately notify the Department of Justice
of the court order finding the person to be mentally incompetent as
described in paragraph (1). The court shall also notify the
Department of Justice when it finds that the person has recovered his
or her competence.
   (e) (1) No person who has been placed under conservatorship by a
court, pursuant to Section 5350 or the law of any other state or the
United States, because the person is gravely disabled as a result of
a mental disorder or impairment by chronic alcoholism shall purchase
or receive, or attempt to purchase or receive, or shall have in his
or her possession, custody, or control any firearm or any other
deadly weapon while under the conservatorship if, at the time the
conservatorship was ordered or thereafter, the court which imposed
the conservatorship found that possession of a firearm or any other
deadly weapon by the person would present a danger to the safety of
the person or to others. Upon placing any person under
conservatorship, and prohibiting firearm or any other deadly weapon
possession by the person, the court shall notify the person of this
prohibition.
   (2) The court shall immediately notify the Department of Justice
of the court order placing the person under conservatorship and
prohibiting firearm or any other deadly weapon possession by the
person as described in paragraph (1). The notice shall include the
date the conservatorship was imposed and the date the conservatorship
is to be terminated. If the conservatorship is subsequently
terminated before the date listed in the notice to the Department of
Justice or the court subsequently finds that possession of a firearm
or any other deadly weapon by the person would no longer present a
danger to the safety of the person or others, the court shall
immediately notify the Department of Justice.
   (3) All information provided to the Department of Justice pursuant
to paragraph (2) shall be kept confidential, separate, and apart
from all other records maintained by the Department of Justice, and
shall be used only to determine eligibility to purchase or possess
firearms or other deadly weapons. Any person who knowingly furnishes
that information for any other purpose is guilty of a misdemeanor.
All the information concerning any person shall be destroyed upon
receipt by the Department of Justice of notice of the termination of
conservatorship as to that person pursuant to paragraph (2).
   (f) (1) No person who has been (A) taken into custody as provided
in Section 5150 because that person is a danger to himself, herself,
or to others, (B) assessed within the meaning of Section 5151, and
(C) admitted to a designated facility within the meaning of Sections
5151 and 5152 because that person is a danger to himself, herself, or
others, shall own, possess, control, receive, or purchase, or
attempt to own, possess, control, receive, or purchase any firearm
for a period of five years after the person is released from the
facility. A person described in the preceding sentence, however, may
own, possess, control, receive, or purchase, or attempt to own,
possess, control, receive, or purchase any firearm if the superior
court has, pursuant to paragraph (5), found that the People of the
State of California have not met their burden pursuant to paragraph
(6).
   (2)  (A)    For each person subject to this
subdivision, the facility shall immediately, on the date of
admission, submit a report to the Department of Justice, on a form
prescribed by the Department of Justice, containing information that
includes, but is not limited to, the identity of the person and the
legal grounds upon which the person was admitted to the facility.
   Any report  prescribed by this subdivision  
submitted pursuant to this paragraph  shall be confidential,
except for purposes of the court proceedings described in this
subdivision and for determining the eligibility of the person to own,
possess, control, receive, or purchase a firearm. 
   (B) Commencing July 1, 2012, facilities shall submit reports
pursuant to this paragraph exclusively by electronic means, in a
manner prescribed by the Department of Justice. 
   (3) Prior to, or concurrent with, the discharge, the facility
shall inform a person subject to this subdivision that he or she is
prohibited from owning, possessing, controlling, receiving, or
purchasing any firearm for a period of five years. Simultaneously,
the facility shall inform the person that he or she may request a
hearing from a court, as provided in this subdivision, for an order
permitting the person to own, possess, control, receive, or purchase
a firearm. The facility shall provide the person with a form for a
request for a hearing. The Department of Justice shall prescribe the
form. Where the person requests a hearing at the time of discharge,
the facility shall forward the form to the superior court unless the
person states that he or she will submit the form to the superior
court.
   (4) The Department of Justice shall provide the form upon request
to any person described in paragraph (1). The Department of Justice
shall also provide the form to the superior court in each county. A
person described in paragraph (1) may make a single request for a
hearing at any time during the five-year period. The request for
hearing shall be made on the form prescribed by the department or in
a document that includes equivalent language.
   (5) Any person who is subject to paragraph (1) who has requested a
hearing from the superior court of his or her county of residence
for an order that he or she may own, possess, control, receive, or
purchase firearms shall be given a hearing. The clerk of the court
shall set a hearing date and notify the person, the Department of
Justice, and the district attorney. The People of the State of
California shall be the plaintiff in the proceeding and shall be
represented by the district attorney. Upon motion of the district
attorney, or on its own motion, the superior court may transfer the
hearing to the county in which the person resided at the time of his
or her detention, the county in which the person was detained, or the
county in which the person was evaluated or treated. Within seven
days after the request for a hearing, the Department of Justice shall
file copies of the reports described in this section with the
superior court. The reports shall be disclosed upon request to the
person and to the district attorney. The court shall set the hearing
within 30 days of receipt of the request for a hearing. Upon showing
good cause, the district attorney shall be entitled to a continuance
not to exceed 14 days after the district attorney was notified of the
hearing date by the clerk of the court. If additional continuances
are granted, the total length of time for continuances shall not
exceed 60 days. The district attorney may notify the county mental
health director of the hearing who shall provide information about
the detention of the person that may be relevant to the court and
shall file that information with the superior court. That information
shall be disclosed to the person and to the district attorney. The
court, upon motion of the person subject to paragraph (1)
establishing that confidential information is likely to be discussed
during the hearing that would cause harm to the person, shall conduct
the hearing in camera with only the relevant parties present, unless
the court finds that the public interest would be better served by
conducting the hearing in public. Notwithstanding any other law,
declarations, police reports, including criminal history information,
and any other material and relevant evidence that is not excluded
under Section 352 of the Evidence Code, shall be admissible at the
hearing under this section.
   (6) The people shall bear the burden of showing by a preponderance
of the evidence that the person would not be likely to use firearms
in a safe and lawful manner.
   (7) If the court finds at the hearing set forth in paragraph (5)
that the people have not met their burden as set forth in paragraph
(6), the court shall order that the person shall not be subject to
the five-year prohibition in this section on the ownership, control,
receipt, possession or purchase of firearms. A copy of the order
shall be submitted to the Department of Justice. Upon receipt of the
order, the Department of Justice shall delete any reference to the
prohibition against firearms from the person's state mental health
firearms prohibition system information.
   (8) Where the district attorney declines or fails to go forward in
the hearing, the court shall order that the person shall not be
subject to the five-year prohibition required by this subdivision on
the ownership, control, receipt, possession, or purchase of firearms.
A copy of the order shall be submitted to the Department of Justice.
Upon receipt of the order, the Department of Justice shall, within
15 days, delete any reference to the prohibition against firearms
from the person's state mental health firearms prohibition system
information.
   (9) Nothing in this subdivision shall prohibit the use of reports
filed pursuant to this section to determine the eligibility of
persons to own, possess, control, receive, or purchase a firearm if
the person is the subject of a criminal investigation, a part of
which involves the ownership, possession, control, receipt, or
purchase of a firearm.
   (g) (1) No person who has been certified for intensive treatment
under Section 5250, 5260, or 5270.15 shall own, possess, control,
receive, or purchase, or attempt to own, possess, control, receive,
or purchase any firearm for a period of five years.
   Any person who meets the criteria contained in subdivision (e) or
(f) who is released from intensive treatment shall nevertheless, if
applicable, remain subject to the prohibition contained in
subdivision (e) or (f).
   (2)  (A)    For each person certified for
intensive treatment under paragraph (1), the facility shall
immediately submit a report to the Department of Justice, on a form
prescribed by the department, containing information regarding the
person, including, but not limited to, the legal identity of the
person and the legal grounds upon which the person was certified. Any
report submitted pursuant to this paragraph shall only be used for
the purposes specified in paragraph (2) of subdivision (f). 
   (B) Commencing July 1, 2012, facilities shall submit reports
pursuant to this paragraph exclusively by electronic means, in a
manner prescribed by the Department of Justice. 
   (3) Prior to, or concurrent with, the discharge of each person
certified for intensive treatment under paragraph (1), the facility
shall inform the person of that information specified in paragraph
(3) of subdivision (f).
   (4) Any person who is subject to paragraph (1) may petition the
superior court of his or her county of residence for an order that he
or she may own, possess, control, receive, or purchase firearms. At
the time the petition is filed, the clerk of the court shall set a
hearing date and notify the person, the Department of Justice, and
the district attorney. The People of the State of California shall be
the respondent in the proceeding and shall be represented by the
district attorney. Upon motion of the district attorney, or on its
own motion, the superior court may transfer the petition to the
county in which the person resided at the time of his or her
detention, the county in which the person was detained, or the county
in which the person was evaluated or treated. Within seven days
after receiving notice of the petition, the Department of Justice
shall file copies of the reports described in this section with the
superior court. The reports shall be disclosed upon request to the
person and to the district attorney. The district attorney shall be
entitled to a continuance of the hearing to a date of not less than
14 days after the district attorney was notified of the hearing date
by the clerk of the court. The district attorney may notify the
county mental health director of the petition, and the county mental
health director shall provide information about the detention of the
person that may be relevant to the court and shall file that
information with the superior court. That information shall be
disclosed to the person and to the district attorney. The court, upon
motion of the person subject to paragraph (1) establishing that
confidential information is likely to be discussed during the hearing
that would cause harm to the person, shall conduct the hearing in
camera with only the relevant parties present, unless the court finds
that the public interest would be better served by conducting the
hearing in public. Notwithstanding any other provision of law, any
declaration, police reports, including criminal history information,
and any other material and relevant evidence that is not excluded
under Section 352 of the Evidence Code, shall be admissible at the
hearing under this section. If the court finds by a preponderance of
the evidence that the person would be likely to use firearms in a
safe and lawful manner, the court may order that the person may own,
control, receive, possess, or purchase firearms. A copy of the order
shall be submitted to the Department of Justice. Upon receipt of the
order, the Department of Justice shall delete any reference to the
prohibition against firearms from the person's state mental health
firearms prohibition system information.
   (h) For all persons identified in subdivisions (f) and (g),
facilities shall report to the Department of Justice as specified in
those subdivisions, except facilities shall not report persons under
subdivision (g) if the same persons previously have been reported
under subdivision (f).
   Additionally, all facilities shall report to the Department of
Justice upon the discharge of persons from whom reports have been
submitted pursuant to subdivision (f) or (g). However, a report shall
not be filed for persons who are discharged within 31 days after the
date of admission.
   (i) Every person who owns or possesses or has under his or her
custody or control, or purchases or receives, or attempts to purchase
or receive, any firearm or any other deadly weapon in violation of
this section shall be punished by imprisonment in the state prison or
in a county jail for not more than one year.
   (j) "Deadly weapon," as used in this section, has the meaning
prescribed by Section 8100. 
  SECTION 1.   Section 4434 of the Welfare and
Institutions Code is amended to read:
   4434.  (a) Notwithstanding preexisting rights to enforce the
Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500)), it is the intent of the Legislature
that the department ensure that the regional centers operate in
compliance with federal and state law and regulation and provide
services and supports to consumers in compliance with the principles
and specifics of this division.
   (b) The department shall take all necessary actions to support
regional centers to successfully achieve compliance with this section
and provide high quality services and supports to consumers and
their families.
   (c) The contract between the department and individual regional
centers required by Chapter 5 (commencing with Section 4620) of
Division 4.5 shall include a provision requiring each regional center
to render services in accordance with applicable provisions of state
laws and regulations. In the event that the department finds a
regional center has violated this requirement, or whenever it appears
that any regional center has engaged in or is about to engage in any
act or practice constituting a violation of any provision of
Division 4.5 (commencing with Section 4500) or any regulation adopted
thereunder, the department shall promptly take the appropriate steps
necessary to ensure compliance with the law, including actions
authorized under Section 4632 or 4635. The department, as the
director deems appropriate, may pursue other legal or equitable
remedies for enforcement of the obligations of regional centers
including, but not limited to, seeking specific performance of the
contract between the department and the regional center or otherwise
act to enforce compliance with Division 4.5 (commencing with Section
4500) or any regulation adopted thereunder.
   (d) As part of its responsibility to monitor regional centers, the
department shall collect and review printed materials issued by the
regional centers, including, but not limited to, purchase of service
policies and other policies and guidelines utilized by regional
centers when determining the services needs of a consumer,
instructions and training materials for regional center staff, board
meeting agendas and minutes, and general policy and notifications
provided to all providers and consumers and families. Within a
reasonable period of time, the department shall review new or amended
purchase-of-service policies prior to implementation by the regional
center to ensure compliance with statute and regulation. The
department shall take appropriate and necessary steps to prevent
regional centers from utilizing a policy or guideline that violates
any provision of Division 4.5 (commencing with Section 4500) or any
regulation adopted thereunder.
   (e) (1) As part of its responsibility to monitor regional centers
and to assist in determining whether purchase-of-service funds are
being spent equitably among the state's linguistically and ethnically
diverse population, the department shall use existing data from the
client master file, the client development evaluation report file,
and the purchase-of-service file, to determine all of the following:
   (A) The number and percentage of individuals, by ethnicity and age
and by primary language and age, who have been determined to be
eligible for regional center services but are not receiving any
services using purchase-of-service funds.
   (B) The average annual per capita purchase-of-service expenditures
for individuals who are receiving services using
purchase-of-services funds, overall, by residence type, and by
service category with details by ethnicity and age and primary
language and age.
   (2) The data required by paragraph (1) shall be determined for the
state as a whole and separately for each regional center. The data
shall be updated annually and posted on the department's Internet Web
site.