BILL NUMBER: AB 1402	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 1, 2011
	AMENDED IN ASSEMBLY  MARCH 30, 2011

INTRODUCED BY   Committee on Public Safety (Assembly Members Ammiano
(Chair), Cedillo, Hagman, Hill, Mitchell, and Skinner)

                        MARCH 2, 2011

   An act to amend Sections 527.6, 527.8, 527.85, and 527.9 of the
Code of Civil Procedure, to amend Section 49330 of the Education
Code, to amend Section 6389 of the Family Code, to amend Sections
6254 and 53071.5 of the Government Code, to amend Sections 166, 171c,
171.7, 186.22, 273.6, 626.95, 626.10, 629.52, 1203.4, 1203.4a,
2933.5, 2962, 11105, 11105.03, 11106, 12003, 23505, 25105, and 29510
of the Penal Code, and to amend Sections 8103 and 15657.03 of the
Welfare and Institutions Code, relating to deadly weapons.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1402, as amended, Committee on Public Safety. Deadly weapons.
   Existing law generally regulates deadly weapons. Existing law,
operative January 1, 2012, reorganizes and renumbers sections of the
Penal Code relating to deadly weapons.
   This bill would make nonsubstantive cross-reference changes to
provisions of law that reference various deadly weapons provisions in
the Penal Code that have been reorganized and renumbered, to be
operative January 1, 2012. The bill would make additional technical,
nonsubstantive changes to some of those provisions.
   Existing law, operative January 1, 2012, provides that the
Legislature occupies the whole field of regulation of the
manufacture, sale, or possession of imitation firearms, as defined,
including provisions making exceptions to the definition of an
"imitation firearm."
   The bill would provide that the Legislature occupies the whole
field of regulation of the manufacture, sale, or possession of
imitation firearms, as defined. However, the bill would omit
reference to the Legislature occupying the whole field of regulation
regarding the exceptions to the definition of an "imitation firearm."

   This bill would incorporate additional changes to Section 1203.4a
of the Penal Code proposed by SB 428, to be operative only if SB 428
and this bill both amend Section 1203.4a of the Penal Code, are both
chaptered, and become effective on or before January 1, 2012. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 527.6 of the Code of Civil Procedure, as
amended by Section 1 of Chapter 572 of the Statutes of 2010, is
amended to read:
   527.6.  (a) (1) A person who has suffered harassment as defined in
subdivision (b) may seek a temporary restraining order and an
injunction prohibiting harassment as provided in this section.
   (2) A minor, under 12 years of age, accompanied by a duly
appointed and acting guardian ad litem, shall be permitted to appear
in court without counsel for the limited purpose of requesting or
opposing a request for a temporary restraining order or injunction,
or both, under this section as provided in Section 374.
   (b) For the purposes of this section:
   (1) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an individual,
making harassing telephone calls to an individual, or sending
harassing correspondence to an individual by any means, including,
but not limited to, the use of public or private mails, interoffice
mail, fax, or computer e-mail. Constitutionally protected activity is
not included within the meaning of "course of conduct."
   (2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
   (3) "Harassment" is unlawful violence, a credible threat of
violence, or a knowing and willful course of conduct directed at a
specific person that seriously alarms, annoys, or harasses the
person, and that serves no legitimate purpose. The course of conduct
must be such as would cause a reasonable person to suffer substantial
emotional distress, and must actually cause substantial emotional
distress to the petitioner.
   (4) "Petitioner" means the person to be protected by the temporary
restraining order and injunction and, if the court grants the
petition, the protected person.
   (5) "Respondent" means the person against whom the temporary
restraining order and injunction are sought and, if the petition is
granted, the restrained person.
   (6) "Temporary restraining order" and "injunction" mean orders
that include any of the following restraining orders, whether issued
ex parte or after notice and hearing:
   (A) An order enjoining a party from harassing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, abusing, telephoning, including, but not
limited to, making annoying telephone calls, as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, or coming within
a specified distance of, or disturbing the peace of the petitioner.
   (B) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
subparagraph (A).
   (7) "Unlawful violence" is any assault or battery, or stalking as
prohibited in Section 646.9 of the Penal Code, but shall not include
lawful acts of self-defense or defense of others.
   (c) In the discretion of the court, on a showing of good cause, a
temporary restraining order or injunction issued under this section
may include other named family or household members.
   (d) Upon filing a petition for an injunction under this section,
the petitioner may obtain a temporary restraining order in accordance
with Section 527, except to the extent this section provides a rule
that is inconsistent. The temporary restraining order may include any
of the restraining orders described in paragraph (6) of subdivision
(b). A temporary restraining order may be issued with or without
notice, based on a declaration that, to the satisfaction of the
court, shows reasonable proof of harassment of the petitioner by the
respondent, and that great or irreparable harm would result to the
petitioner.
   (e) A request for the issuance of a temporary restraining order
without notice under this section shall be granted or denied on the
same day that the petition is submitted to the court, unless the
petition is filed too late in the day to permit effective review, in
which case the order shall be granted or denied on the next day of
judicial business in sufficient time for the order to be filed that
day with the clerk of the court.
   (f) A temporary restraining order issued under this section shall
remain in effect, at the court's discretion, for a period not to
exceed 21 days, or, if the court extends the time for hearing under
subdivision (g), not to exceed 25 days, unless otherwise modified or
terminated by the court.
   (g) Within 21 days, or, if good cause appears to the court, 25
days from the date that a petition for a temporary order is granted
or denied, a hearing shall be held on the petition for the
injunction. If no request for temporary orders is made, the hearing
shall be held within 21 days, or, if good cause appears to the court,
25 days, from the date that the petition is filed.
   (h) The respondent may file a response that explains, excuses,
justifies, or denies the alleged harassment or may file a
cross-petition under this section.
   (i) At the hearing, the judge shall receive any testimony that is
relevant, and may make an independent inquiry. If the judge finds by
clear and convincing evidence that unlawful harassment exists, an
injunction shall issue prohibiting the harassment.
   (j) (1) In the discretion of the court, an order issued after
notice and hearing under this section may have a duration of not more
than three years, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. These orders may be renewed, upon the
request of a party, for a duration of not more than three years,
without a showing of any further harassment since the issuance of the
original order, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. The request for renewal may be brought
at any time within the three months before the expiration of the
order.
   (2) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.
   (k) This section does not preclude either party from
representation by private counsel or from appearing on the party's
own behalf.
   (l) In a proceeding under this section if there are allegations of
unlawful violence or credible threats of violence, a support person
may accompany a party in court and, if the party is not represented
by an attorney, may sit with the party at the table that is generally
reserved for the party and the party's attorney. The support person
is present to provide moral and emotional support for a person who
alleges he or she is a victim of violence. The support person is not
present as a legal adviser and may not provide legal advice. The
support person may assist the person who alleges he or she is a
victim of violence in feeling more confident that he or she will not
be injured or threatened by the other party during the proceedings if
the person who alleges he or she is a victim of violence and the
other party are required to be present in close proximity. This
subdivision does not preclude the court from exercising its
discretion to remove the support person from the courtroom if the
court believes the support person is prompting, swaying, or
influencing the party assisted by the support person.
   (m) Upon the filing of a petition for an injunction under this
section, the respondent shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may for good cause, on motion of the petitioner
or on its own motion, shorten the time for service on the respondent.

   (n) A notice of hearing under this section shall notify the
respondent that if he or she does not attend the hearing, the court
may make orders against him or her that could last up to three years.

   (o) (1) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for the hearing.
   (2) The reissued order shall state on its face the date of
expiration of the order.
   (p) (1) If a respondent, named in a restraining order issued after
a hearing, has not been served personally with the order but has
received actual notice of the existence and substance of the order
through personal appearance in court to hear the terms of the order
from the court, no additional proof of service is required for
enforcement of the order.
   (2) If the respondent named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based on the temporary
restraining order, but the respondent does not appear at the hearing,
either personally or by an attorney, and the terms and conditions of
the restraining order or protective order issued at the hearing are
identical to the temporary restraining order, except for the duration
of the order, then the restraining order or protective order issued
at the hearing may be served on the respondent by first-class mail
sent to the respondent at the most current address for the respondent
available to the court.
   (3) The Judicial Council form for temporary orders issued pursuant
to this subdivision shall contain a statement in substantially the
following form:

   "If you have been personally served with this temporary
restraining order and notice of hearing, but you do not appear at the
hearing either in person or by a lawyer, and a restraining order
that is the same as this temporary restraining order except for the
expiration date is issued at the hearing, a copy of the restraining
order will be served on you by mail at the following address: ____.
   If that address is not correct or you wish to verify that the
temporary restraining order was converted to a restraining order at
the hearing without substantive change and to find out the duration
of that order, contact the clerk of the court."

   (q) (1) Information on any temporary restraining order or
injunction relating to civil harassment issued by a court pursuant to
this section shall be transmitted to the Department of Justice in
accordance with either paragraph (2) or (3).
   (2) The court shall order the petitioner or the attorney for the
petitioner to deliver a copy of an order issued under this section,
or reissuance, extension, modification, or termination of the order,
and any subsequent proof of service, by the close of the business day
on which the order, reissuance, extension, modification, or
termination was made, to a law enforcement agency having jurisdiction
over the residence of the petitioner and to any additional law
enforcement agencies within the court's discretion as are requested
by the petitioner.
   (3) Alternatively, the court or its designee shall transmit,
within one business day, to law enforcement personnel all information
required under subdivision (b) of Section 6380 of the Family Code
regarding any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service, by either one of the following methods:
   (A) Transmitting a physical copy of the order or proof of service
to a local law enforcement agency authorized by the Department of
Justice to enter orders into the California Law Enforcement
Telecommunications System (CLETS).
   (B) With the approval of the Department of Justice, entering the
order or proof of service into CLETS directly.
   (4) Each appropriate law enforcement agency shall make available
information as to the existence and current status of these orders to
law enforcement officers responding to the scene of reported
harassment.
   (5) An order issued under this section shall, on request of the
petitioner, be served on the respondent, whether or not the
respondent has been taken into custody, by any law enforcement
officer who is present at the scene of reported harassment involving
the parties to the proceeding. The petitioner shall provide the
officer with an endorsed copy of the order and a proof of service
that the officer shall complete and send to the issuing court.
   (6) Upon receiving information at the scene of an incident of
harassment that a protective order has been issued under this
section, or that a person who has been taken into custody is the
subject of an order, if the protected person cannot produce a
certified copy of the order, a law enforcement officer shall
immediately attempt to verify the existence of the order.
   (7) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the respondent of the terms of the order and shall at that
time also enforce the order. Verbal notice of the terms of the order
shall constitute service of the order and is sufficient notice for
the purposes of this section and for the purposes of Sections 273.6
and 29825 of the Penal Code.
   (r) The prevailing party in any action brought under this section
may be awarded court costs and attorney's fees, if any.
   (s) Any willful disobedience of any temporary restraining order or
injunction granted under this section is punishable pursuant to
Section 273.6 of the Penal Code.
   (t) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm or ammunition while the protective
order is in effect.
   (2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
   (3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm or ammunition while the
protective order is in effect is punishable pursuant to Section 29825
of the Penal Code.
   (u) This section does not apply to any action or proceeding
covered by Title 1.6C (commencing with Section 1788) of Part 4 of
Division 3 of the Civil Code or by Division 10 (commencing with
Section 6200) of the Family Code. This section does not preclude a
petitioner from using other existing civil remedies.
   (v) (1) The Judicial Council shall develop forms, instructions,
and rules relating to matters governed by this section. The petition
and response forms shall be simple and concise, and their use by
parties in actions brought pursuant to this section shall be
mandatory.
   (2) A temporary restraining order or injunction relating to civil
harassment issued by a court pursuant to this section shall be issued
on forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order unenforceable.

   (w) There is no filing fee for a petition that alleges that a
person has inflicted or threatened violence against the petitioner,
or stalked the petitioner, or acted or spoken in any other manner
that has placed the petitioner in reasonable fear of violence, and
that seeks a protective or restraining order or injunction
restraining stalking or future violence or threats of violence, in
any action brought pursuant to this section. No fee shall be paid for
a subpoena filed in connection with a petition alleging these acts.
No fee shall be paid for filing a response to a petition alleging
these acts.
   (x) (1) Subject to paragraph (4) of subdivision (b) of Section
6103.2 of the Government Code, there shall be no fee for the service
of process by a sheriff or marshal of a protective order, restraining
order, or injunction to be issued, if either of the following
conditions apply:
   (A) The protective order, restraining order, or injunction issued
pursuant to this section is based upon stalking, as prohibited by
Section 646.9 of the Penal Code.
   (B) The protective order, restraining order, or injunction issued
pursuant to this section is based upon unlawful violence or a
credible threat of violence.
   (2) The Judicial Council shall prepare and develop forms for
persons who wish to avail themselves of the services described in
this subdivision.
  SEC. 2.  Section 527.8 of the Code of Civil Procedure, as amended
by Section 2 of Chapter 572 of the Statutes of 2010, is amended to
read:
   527.8.  (a) Any employer, whose employee has suffered unlawful
violence or a credible threat of violence from any individual, that
can reasonably be construed to be carried out or to have been carried
out at the workplace, may seek a temporary restraining order and an
injunction on behalf of the employee and, at the discretion of the
court, any number of other employees at the workplace, and, if
appropriate, other employees at other workplaces of the employer.
   (b) For the purposes of this section:
   (1) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an employee to
or from the place of work; entering the workplace; following an
employee during hours of employment; making telephone calls to an
employee; or sending correspondence to an employee by any means,
including, but not limited to, the use of the public or private
mails, interoffice mail, fax, or computer e-mail.
   (2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
   (3) "Employer" and "employee" mean persons defined in Section 350
of the Labor Code. "Employer" also includes a federal agency, the
state, a state agency, a city, county, or district, and a private,
public, or quasi-public corporation, or any public agency thereof or
therein. "Employee" also includes the members of boards of directors
of private, public, and quasi-public corporations and elected and
appointed public officers. For purposes of this section only,
"employee" also includes a volunteer or independent contractor who
performs services for the employer at the employer's worksite.
   (4) "Petitioner" means the employer that petitions under
subdivision (a) for a temporary restraining order and injunction.
   (5) "Respondent" means the person against whom the temporary
restraining order and injunction are sought and, if the petition is
granted, the restrained person.
   (6) "Temporary restraining order" and "injunction" mean orders
that include any of the following restraining orders, whether issued
ex parte or after notice and hearing:
   (A) An order enjoining a party from harassing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, abusing, telephoning, including, but not
limited to, making annoying telephone calls as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, or coming within
a specified distance of, or disturbing the peace of the employee.
   (B) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
subparagraph (A).
   (7) "Unlawful violence" is any assault or battery, or stalking as
prohibited in Section 646.9 of the Penal Code, but shall not include
lawful acts of self-defense or defense of others.
   (c) This section does not permit a court to issue a temporary
restraining order or injunction prohibiting speech or other
activities that are constitutionally protected, or otherwise
protected by Section 527.3 or any other provision of law.
   (d) In the discretion of the court, on a showing of good cause, a
temporary restraining order or injunction issued under this section
may include other named family or household members, or other persons
employed at the employee's workplace or workplaces.
   (e) Upon filing a petition for an injunction under this section,
the petitioner may obtain a temporary restraining order in accordance
with subdivision (a) of Section 527, if the petitioner also files a
declaration that, to the satisfaction of the court, shows reasonable
proof that an employee has suffered unlawful violence or a credible
threat of violence by the respondent, and that great or irreparable
harm would result to an employee. The temporary restraining order may
include any of the protective orders described in paragraph (6) of
subdivision (b).
   (f) A request for the issuance of a temporary restraining order
without notice under this section shall be granted or denied on the
same day that the petition is submitted to the court, unless the
petition is filed too late in the day to permit effective review, in
which case the order shall be granted or denied on the next day of
judicial business in sufficient time for the order to be filed that
day with the clerk of the court.
   (g) A temporary restraining order granted under this section shall
remain in effect, at the court's discretion, for a period not to
exceed 21 days, or if the court extends the time for hearing under
subdivision (h), not to exceed 25 days, unless otherwise modified or
terminated by the court.
   (h) Within 21 days, or if good cause appears to the court, 25 days
from the date that a petition for a temporary order is granted or
denied, a hearing shall be held on the petition for the injunction.
If no request for temporary orders is made, the hearing shall be held
within 21 days, or, if good cause appears to the court, 25 days,
from the date that the petition is filed.
   (i) The respondent may file a response that explains, excuses,
justifies, or denies the alleged unlawful violence or credible
threats of violence.
   (j) At the hearing, the judge shall receive any testimony that is
relevant and may make an independent inquiry. Moreover, if the
respondent is a current employee of the entity requesting the
injunction, the judge shall receive evidence concerning the employer'
s decision to retain, terminate, or otherwise discipline the
respondent. If the judge finds by clear and convincing evidence that
the respondent engaged in unlawful violence or made a credible threat
of violence, an injunction shall issue prohibiting further unlawful
violence or threats of violence.
   (k) (1) In the discretion of the court, an order issued after
notice and hearing under this section may have a duration of not more
than three years, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. These orders may be renewed, upon the
request of a party, for a duration of not more than three years,
without a showing of any further violence or threats of violence
since the issuance of the original order, subject to termination or
modification by further order of the court either on written
stipulation filed with the court or on the motion of a party. The
request for renewal may be brought at any time within the three
months before the expiration of the order.
   (2) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.
   (l) This section does not preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
   (m) Upon filing of a petition for an injunction under this
section, the respondent shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may, for good cause, on motion of the petitioner
or on its own motion, shorten the time for service on the respondent.

   (n) A notice of hearing under this section shall notify the
respondent that, if he or she does not attend the hearing, the court
may make orders against him or her that could last up to three years.

   (o) (1) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for the hearing.
   (2) The reissued order shall state on its face the date of
expiration of the order.
   (p) (1) If a respondent, named in a restraining order issued under
this section after a hearing, has not been served personally with
the order but has received actual notice of the existence and
substance of the order through personal appearance in court to hear
the terms of the order from the court, no additional proof of service
is required for enforcement of the order.
   (2) If the respondent named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based on the temporary
restraining order, but the person does not appear at the hearing,
either personally or by an attorney, and the terms and conditions of
the restraining order or protective order issued at the hearing are
identical to the temporary restraining order, except for the duration
of the order, then the restraining order or protective order issued
at the hearing may be served on the person by first-class mail sent
to that person at the most current address for the person available
to the court.
   (3) The Judicial Council form for temporary orders issued pursuant
to this subdivision shall contain a statement in substantially the
following form:

   "If you have been personally served with this temporary
restraining order and notice of hearing, but you do not appear at the
hearing either in person or by a lawyer, and a restraining order
that is the same as this restraining order except for the expiration
date is issued at the hearing, a copy of the order will be served on
you by mail at the following address: ____.
                         If that address is not correct or you wish
to verify that the temporary restraining order was converted to a
restraining order at the hearing without substantive change and to
find out the duration of that order, contact the clerk of the court."

   (q) (1) Information on any temporary restraining order or
injunction relating to workplace violence issued by a court pursuant
to this section shall be transmitted to the Department of Justice in
accordance with either paragraph (2) or (3).
   (2) The court shall order the petitioner or the attorney for the
petitioner to deliver a copy of any order issued under this section,
or a reissuance, extension, modification, or termination of the
order, and any subsequent proof of service, by the close of the
business day on which the order, reissuance, extension, modification,
or termination was made, to each law enforcement agency having
jurisdiction over the residence of the petitioner and to any
additional law enforcement agencies within the court's discretion as
are requested by the petitioner.
   (3) Alternatively, the court or its designee shall transmit,
within one business day, to law enforcement personnel all information
required under subdivision (b) of Section 6380 of the Family Code
regarding any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service, by either one of the following methods:
   (A) Transmitting a physical copy of the order or proof of service
to a local law enforcement agency authorized by the Department of
Justice to enter orders into the California Law Enforcement
Telecommunications System (CLETS).
   (B) With the approval of the Department of Justice, entering the
order or proof of service into CLETS directly.
   (4) Each appropriate law enforcement agency shall make available
information as to the existence and current status of these orders to
law enforcement officers responding to the scene of reported
unlawful violence or a credible threat of violence.
   (5) At the request of the petitioner, an order issued under this
section shall be served on the respondent, regardless of whether the
respondent has been taken into custody, by any law enforcement
officer who is present at the scene of reported unlawful violence or
a credible threat of violence involving the parties to the
proceedings. The petitioner shall provide the officer with an
endorsed copy of the order and proof of service that the officer
shall complete and send to the issuing court.
   (6) Upon receiving information at the scene of an incident of
unlawful violence or a credible threat of violence that a protective
order has been issued under this section, or that a person who has
been taken into custody is the subject of an order, if the petitioner
or the protected person cannot produce an endorsed copy of the
order, a law enforcement officer shall immediately attempt to verify
the existence of the order.
   (7) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the respondent of the terms of the order and obtain the
respondent's address. The law enforcement officer shall at that time
also enforce the order, but may not arrest or take the respondent
into custody for acts in violation of the order that were committed
prior to the verbal notice of the terms and conditions of the order.
The law enforcement officer's verbal notice of the terms of the order
shall constitute service of the order and constitutes sufficient
notice for the purposes of this section and for the purposes of
Sections 273.6 and 29825 of the Penal Code. The petitioner shall mail
an endorsed copy of the order to the respondent's mailing address
provided to the law enforcement officer within one business day of
the reported incident of unlawful violence or a credible threat of
violence at which a verbal notice of the terms of the order was
provided by a law enforcement officer.
   (r) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm or ammunition while the protective
order is in effect.
   (2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
   (3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm or ammunition while the
protective order is in effect is punishable pursuant to Section 29825
of the Penal Code.
   (s) Any intentional disobedience of any temporary restraining
order or injunction granted under this section is punishable pursuant
to Section 273.6 of the Penal Code.
   (t) Nothing in this section may be construed as expanding,
diminishing, altering, or modifying the duty, if any, of an employer
to provide a safe workplace for employees and other persons.
   (u) (1) The Judicial Council shall develop forms, instructions,
and rules for relating to matters governed by this section. The forms
for the petition and response shall be simple and concise, and their
use by parties in actions brought pursuant to this section shall be
mandatory.
   (2) A temporary restraining order or injunction relating to
unlawful violence or a credible threat of violence issued by a court
pursuant to this section shall be issued on forms adopted by the
Judicial Council of California and that have been approved by the
Department of Justice pursuant to subdivision (i) of Section 6380 of
the Family Code. However, the fact that an order issued by a court
pursuant to this section was not issued on forms adopted by the
Judicial Council and approved by the Department of Justice shall not,
in and of itself, make the order unenforceable.
   (v) There is no filing fee for a petition that alleges that a
person has inflicted or threatened violence against an employee of
the petitioner, or stalked the employee, or acted or spoken in any
other manner that has placed the employee in reasonable fear of
violence, and that seeks a protective or restraining order or
injunction restraining stalking or future violence or threats of
violence, in any action brought pursuant to this section. No fee
shall be paid for a subpoena filed in connection with a petition
alleging these acts. No fee shall be paid for filing a response to a
petition alleging these acts.
   (w) (1) Subject to paragraph (4) of subdivision (b) of Section
6103.2 of the Government Code, there shall be no fee for the service
of process by a sheriff or marshal of a temporary restraining order
or injunction to be issued pursuant to this section if either of the
following conditions apply:
   (A) The temporary restraining order or injunction issued pursuant
to this section is based upon stalking, as prohibited by Section
646.9 of the Penal Code.
   (B) The temporary restraining order or injunction issued pursuant
to this section is based on unlawful violence or a credible threat of
violence.
   (2) The Judicial Council shall prepare and develop forms for
persons who wish to avail themselves of the services described in
this subdivision.
  SEC. 3.  Section 527.85 of the Code of Civil Procedure, as amended
by Section 4 of Chapter 572 of the Statutes of 2010, is amended to
read:
   527.85.  (a) Any chief administrative officer of a postsecondary
educational institution, or an officer or employee designated by the
chief administrative officer to maintain order on the school campus
or facility, a student of which has suffered a credible threat of
violence made off the school campus or facility from any individual,
which can reasonably be construed to be carried out or to have been
carried out at the school campus or facility, may, with the written
consent of the student, seek a temporary restraining order and an
injunction, on behalf of the student and, at the discretion of the
court, any number of other students at the campus or facility who are
similarly situated.
   (b) For the purposes of this section, the following definitions
shall apply:
   (1) "Chief administrative officer" means the principal, president,
or highest ranking official of the postsecondary educational
institution.
   (2) "Course of conduct" means a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including any of the following:
   (A) Following or stalking a student to or from school.
   (B) Entering the school campus or facility.
   (C) Following a student during school hours.
   (D) Making telephone calls to a student.
   (E) Sending correspondence to a student by any means, including,
but not limited to, the use of the public or private mails,
interoffice mail, fax, or computer e-mail.
   (3) "Credible threat of violence" means a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
   (4) "Petitioner" means the chief administrative officer, or his or
her designee, who petitions under subdivision (a) for a temporary
restraining order and injunction.
   (5) "Postsecondary educational institution" means a private
institution of vocational, professional, or postsecondary education.
   (6) "Respondent" means the person against whom the temporary
restraining order and injunction are sought and, if the petition is
granted, the restrained person.
   (7) "Student" means an adult currently enrolled in or applying for
admission to a postsecondary educational institution.
   (8) "Temporary restraining order" and "injunction" mean orders
that include any of the following restraining orders, whether issued
ex parte, or after notice and hearing:
   (A) An order enjoining a party from harassing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, abusing, telephoning, including, but not
limited to, making annoying telephone calls as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, or coming within
a specified distance of, or disturbing the peace of the student.
   (B) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
subparagraph (A).
   (9) "Unlawful violence" means any assault or battery, or stalking
as prohibited in Section 646.9 of the Penal Code, but shall not
include lawful acts of self-defense or defense of others.
   (c) This section does not permit a court to issue a temporary
restraining order or injunction prohibiting speech or other
activities that are constitutionally protected, or otherwise
protected by Section 527.3 or any other provision of law.
   (d) In the discretion of the court, on a showing of good cause, a
temporary restraining order or injunction issued under this section
may include other named family or household members of the student,
or other students at the campus or facility.
   (e) Upon filing a petition for an injunction under this section,
the petitioner may obtain a temporary restraining order in accordance
with subdivision (a) of Section 527, if the petitioner also files a
declaration that, to the satisfaction of the court, shows reasonable
proof that a student has suffered a credible threat of violence made
off the school campus or facility by the respondent, and that great
or irreparable harm would result to the student. The temporary
restraining order may include any of the protective orders described
in paragraph (8) of subdivision (b).
   (f) A request for the issuance of a temporary restraining order
without notice under this section shall be granted or denied on the
same day that the petition is submitted to the court, unless the
petition is filed too late in the day to permit effective review, in
which case the order shall be granted or denied on the next day of
judicial business in sufficient time for the order to be filed that
day with the clerk of the court.
   (g) A temporary restraining order granted under this section shall
remain in effect, at the court's discretion, for a period not to
exceed 21 days, or if the court extends the time for hearing under
subdivision (h), not to exceed 25 days, unless otherwise modified or
terminated by the court.
   (h) Within 21 days, or if good cause appears to the court, within
25 days, from the date that a petition for a temporary order is
granted or denied, a hearing shall be held on the petition for the
injunction. If no request for temporary orders is made, the hearing
shall be held within 21 days, or if good cause appears to the court,
25 days, from the date the petition is filed.
   (i) The respondent may file a response that explains, excuses,
justifies, or denies the alleged credible threats of violence.
   (j) At the hearing, the judge shall receive any testimony that is
relevant and may make an independent inquiry. Moreover, if the
respondent is a current student of the entity requesting the
injunction, the judge shall receive evidence concerning the decision
of the postsecondary educational institution decision to retain,
terminate, or otherwise discipline the respondent. If the judge finds
by clear and convincing evidence that the respondent made a credible
threat of violence off the school campus or facility, an injunction
shall be issued prohibiting further threats of violence.
   (k) (1) In the discretion of the court, an order issued after
notice and hearing under this section may have a duration of not more
than three years, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. These orders may be renewed, upon the
request of a party, for a duration of not more than three years,
without a showing of any further violence or threats of violence
since the issuance of the original order, subject to termination or
modification by further order of the court either on written
stipulation filed with the court or on the motion of a party. The
request for renewal may be brought at any time within the three
months before the expiration of the order.
   (2) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.
   (l) This section does not preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
   (m) Upon filing of a petition for an injunction under this
section, the respondent shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may, for good cause, on motion of the petitioner
or on its own motion, shorten the time for service on the respondent.

   (n) A notice of hearing under this section shall notify the
respondent that if he or she does not attend the hearing, the court
may make orders against him or her that could last up to three years.

   (o) (1) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for the hearing.
   (2) The reissued order shall state on its face the date of
expiration of the order.
   (p) (1) If a respondent, named in an order issued under this
section after a hearing, has not been served personally with the
order but has received actual notice of the existence and substance
of the order through personal appearance in court to hear the terms
of the order from the court, no additional proof of service is
required for enforcement of the order.
   (2) If the respondent named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based on the temporary
restraining order, but the respondent does not appear at the hearing,
either personally or by an attorney, and the terms and conditions of
the restraining order or protective order issued at the hearing are
identical to the temporary restraining order, except for the duration
of the order, then the restraining order or protective order issued
at the hearing may be served on the respondent by first-class mail
sent to that person at the most current address for the respondent
available to the court.
   (3) The Judicial Council form for temporary orders issued pursuant
to this subdivision shall contain a statement in substantially the
following form:

   "If you have been personally served with a temporary restraining
order and notice of hearing, but you do not appear at the hearing
either in person or by a lawyer, and a restraining order that is the
same as this temporary restraining order except for the expiration
date is issued at the hearing, a copy of the order will be served on
you by mail at the following address:____.
   If that address is not correct or you wish to verify that the
temporary restraining order was converted to a restraining order at
the hearing without substantive change and to find out the duration
of that order, contact the clerk of the court."

   (q) (1) Information on any temporary restraining order or
injunction relating to school site violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with either paragraph (2) or (3).
   (2) The court shall order the petitioner or the attorney for the
petitioner to deliver a copy of any order issued under this section,
or a reissuance, extension, modification, or termination of the
order, and any subsequent proof of service, by the close of the
business day on which the order, reissuance, or termination of the
order, and any proof of service, was made, to each law enforcement
agency having jurisdiction over the residence of the petition and to
any additional law enforcement agencies within the court's discretion
as are requested by the petitioner.
   (3) Alternatively, the court or its designee shall transmit,
within one business day, to law enforcement personnel all information
required under subdivision (b) of Section 6380 of the Family Code
regarding any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service, by either one of the following methods:
   (A) Transmitting a physical copy of the order or proof of service
to a local law enforcement agency authorized by the Department of
Justice to enter orders into the California Law Enforcement
Telecommunications System (CLETS).
   (B) With the approval of the Department of Justice, entering the
order of proof of service into CLETS directly.
   (4) Each appropriate law enforcement agency shall make available
information as to the existence and current status of these orders to
law enforcement officers responding to the scene of reported
unlawful violence or a credible threat of violence.
   (5) At the request of the petitioner, an order issued under this
section shall be served on the respondent, regardless of whether the
respondent has been taken into custody, by any law enforcement
officer who is present at the scene of reported unlawful violence or
a credible threat of violence involving the parties to the
proceedings. The petitioner shall provide the officer with an
endorsed copy of the order and proof of service that the officer
shall complete and send to the issuing court.
   (6) Upon receiving information at the scene of an incident of
unlawful violence or a credible threat of violence that a protective
order has been issued under this section, or that a person who has
been taken into custody is the subject of an order, if the petitioner
or the protected person cannot produce an endorsed copy of the
order, a law enforcement officer shall immediately attempt to verify
the existence of the order.
   (7) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the respondent of the terms of the order and obtain the
respondent's address. The law enforcement officer shall at that time
also enforce the order, but may not arrest or take the respondent
into custody for acts in violation of the order that were committed
prior to the verbal notice of the terms and conditions of the order.
The law enforcement officer's verbal notice of the terms of the order
shall constitute service of the order and constitutes sufficient
notice for the purposes of this section and Sections 273.6 and 29825
of the Penal Code. The petitioner shall mail an endorsed copy of the
order to the respondent's mailing address provided to the law
enforcement officer within one business day of the reported incident
of unlawful violence or a credible threat of violence at which a
verbal notice of the terms of the order was provided by a law
enforcement officer.
   (r) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm or ammunition while the protective
order is in effect.
   (2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
   (3) Every person who owns, possesses, purchases, or receives, or
attempts to purchase or receive a firearm or ammunition while the
protective order is in effect is punishable pursuant to Section 29825
of the Penal Code.
   (s) Any intentional disobedience of any temporary restraining
order or injunction granted under this section is punishable pursuant
to Section 273.6 of the Penal Code.
   (t) Nothing in this section may be construed as expanding,
diminishing, altering, or modifying the duty, if any, of a
postsecondary educational institution to provide a safe environment
for students and other persons.
   (u) (1) The Judicial Council shall develop forms, instructions,
and rules relating to matters governed by this section. The forms for
the petition and response shall be simple and concise, and their use
by parties in actions brought pursuant to this section shall be
mandatory.
   (2) A temporary restraining order or injunction relating to
unlawful violence or a credible threat of violence issued by a court
pursuant to this section shall be issued on forms adopted by the
Judicial Council and that have been approved by the Department of
Justice pursuant to subdivision (i) of Section 6380 of the Family
Code. However, the fact that an order issued by a court pursuant to
this section was not issued on forms adopted by the Judicial Council
and approved by the Department of Justice shall not, in and of
itself, make the order unenforceable.
   (v) There is no filing fee for a petition that alleges that a
person has threatened violence against a student of the petitioner,
or stalked the student, or acted or spoken in any other manner that
has placed the student in reasonable fear of violence, and that seeks
a protective or restraining order or injunction restraining stalking
or future threats of violence, in any action brought pursuant to
this section. No fee shall be paid for a subpoena filed in connection
with a petition alleging these acts. No fee shall be paid for filing
a response to a petition alleging these acts.
   (w) (1) Subject to paragraph (4) of subdivision (b) of Section
6103.2 of the Government Code, there shall be no fee for the service
of process by a sheriff or marshal of a temporary restraining order
or injunction to be issued pursuant to this section if either of the
following conditions apply:
   (A) The temporary restraining order or injunction issued pursuant
to this section is based upon stalking, as prohibited by Section
646.9 of the Penal Code.
   (B) The temporary restraining order or injunction issued pursuant
to this section is based upon a credible threat of violence.
   (2) The Judicial Council shall prepare and develop forms for
persons who wish to avail themselves of the services described in
this subdivision.
  SEC. 4.  Section 527.9 of the Code of Civil Procedure, as amended
by Section 5 of Chapter 572 of the Statutes of 2010, is amended to
read:
   527.9.  (a) A person subject to a temporary restraining order or
injunction issued pursuant to Section 527.6, 527.8, or 527.85 or
subject to a restraining order issued pursuant to Section 136.2 of
the Penal Code, or Section 15657.03 of the Welfare and Institutions
Code, shall relinquish the firearm pursuant to this section.
   (b) Upon the issuance of a protective order against a person
pursuant to subdivision (a), the court shall order that person to
relinquish any firearm in that person's immediate possession or
control, or subject to that person's immediate possession or control,
within 24 hours of being served with the order, either by
surrendering the firearm to the control of local law enforcement
officials, or by selling the firearm to a licensed gun dealer, as
specified in Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of Title 4
of Part 6 of the Penal Code. A person ordered to relinquish any
firearm pursuant to this subdivision shall file with the court a
receipt showing the firearm was surrendered to the local law
enforcement agency or sold to a licensed gun dealer within 48 hours
after receiving the order. In the event that it is necessary to
continue the date of any hearing due to a request for a
relinquishment order pursuant to this section, the court shall ensure
that all applicable protective orders described in Section 6218 of
the Family Code remain in effect or bifurcate the issues and grant
the permanent restraining order pending the date of the hearing.
   (c) A local law enforcement agency may charge the person subject
to the order or injunction a fee for the storage of any firearm
relinquished pursuant to this section. The fee shall not exceed the
actual cost incurred by the local law enforcement agency for the
storage of the firearm. For purposes of this subdivision, "actual
cost" means expenses directly related to taking possession of a
firearm, storing the firearm, and surrendering possession of the
firearm to a licensed dealer as defined in Section 26700 of the Penal
Code or to the person relinquishing the firearm.
   (d) The restraining order requiring a person to relinquish a
firearm pursuant to subdivision (b) shall state on its face that the
respondent is                                              prohibited
from owning, possessing, purchasing, or receiving a firearm while
the protective order is in effect and that the firearm shall be
relinquished to the local law enforcement agency for that
jurisdiction or sold to a licensed gun dealer, and that proof of
surrender or sale shall be filed with the court within a specified
period of receipt of the order. The order shall also state on its
face the expiration date for relinquishment. Nothing in this section
shall limit a respondent's right under existing law to petition the
court at a later date for modification of the order.
   (e) The restraining order requiring a person to relinquish a
firearm pursuant to subdivision (b) shall prohibit the person from
possessing or controlling any firearm for the duration of the order.
At the expiration of the order, the local law enforcement agency
shall return possession of any surrendered firearm to the respondent,
within five days after the expiration of the relinquishment order,
unless the local law enforcement agency determines that (1) the
firearm has been stolen, (2) the respondent is prohibited from
possessing a firearm because the respondent is in any prohibited
class for the possession of firearms, as defined in Chapter 2
(commencing with Section 29800) and Chapter 3 (commencing with
Section 29900) of Division 9 of Title 4 of Part 6 of the Penal Code
and Sections 8100 and 8103 of the Welfare and Institutions Code, or
(3) another successive restraining order is issued against the
respondent under this section. If the local law enforcement agency
determines that the respondent is the legal owner of any firearm
deposited with the local law enforcement agency and is prohibited
from possessing any firearm, the respondent shall be entitled to sell
or transfer the firearm to a licensed dealer as defined in Section
26700 of the Penal Code. If the firearm has been stolen, the firearm
shall be restored to the lawful owner upon his or her identification
of the firearm and proof of ownership.
   (f) The court may, as part of the relinquishment order, grant an
exemption from the relinquishment requirements of this section for a
particular firearm if the respondent can show that a particular
firearm is necessary as a condition of continued employment and that
the current employer is unable to reassign the respondent to another
position where a firearm is unnecessary. If an exemption is granted
pursuant to this subdivision, the order shall provide that the
firearm shall be in the physical possession of the respondent only
during scheduled work hours and during travel to and from his or her
place of employment. In any case involving a peace officer who as a
condition of employment and whose personal safety depends on the
ability to carry a firearm, a court may allow the peace officer to
continue to carry a firearm, either on duty or off duty, if the court
finds by a preponderance of the evidence that the officer does not
pose a threat of harm. Prior to making this finding, the court shall
require a mandatory psychological evaluation of the peace officer and
may require the peace officer to enter into counseling or other
remedial treatment program to deal with any propensity for domestic
violence.
   (g) During the period of the relinquishment order, a respondent is
entitled to make one sale of all firearms that are in the possession
of a local law enforcement agency pursuant to this section. A
licensed gun dealer, who presents a local law enforcement agency with
a bill of sale indicating that all firearms owned by the respondent
that are in the possession of the local law enforcement agency have
been sold by the respondent to the licensed gun dealer, shall be
given possession of those firearms, at the location where a
respondent's firearms are stored, within five days of presenting the
local law enforcement agency with a bill of sale.
  SEC. 5.  Section 49330 of the Education Code is amended to read:
   49330.  (a) (1) As used in this article "injurious object" shall
mean those objects specified in the following sections:
   (A) Section 16250 of the Penal Code.
   (B) Subdivisions (a) to (d), inclusive of Section 16520 of the
Penal Code.
   (C) Section 16590 of the Penal Code.
   (D) Section 16880 of the Penal Code.
   (E) Section 17235 of the Penal Code.
   (F) Section 17240 of the Penal Code.
   (G) Section 17250 of the Penal Code.
   (2) As used in this article, "injurious object" shall also mean
objects capable of inflicting substantial bodily damage, not
necessary for the academic purpose of the pupil.
   (b) As used in this section, "academic purpose" means any school
sponsored activity or class of instruction scheduled during the
schoolday.
   (c) "Injurious object" does not include any personal possessions
or items of apparel which a schoolage child reasonably may be
expected either to have in his or her possession or to wear.
  SEC. 6.  Section 6389 of the Family Code, as amended by Section 23
of Chapter 572 of the Statutes of 2010, is amended to read:
   6389.  (a) A person subject to a protective order, as defined in
Section 6218, shall not own, possess, purchase, or receive a firearm
or ammunition while that protective order is in effect. Every person
who owns, possesses, purchases or receives, or attempts to purchase
or receive a firearm or ammunition while the protective order is in
effect is punishable pursuant to Section 29825 of the Penal Code.
   (b) On all forms providing notice that a protective order has been
requested or granted, the Judicial Council shall include a notice
that, upon service of the order, the respondent shall be ordered to
relinquish possession or control of any firearms and not to purchase
or receive or attempt to purchase or receive any firearms for a
period not to exceed the duration of the restraining order.
   (c) (1) Upon issuance of a protective order, as defined in Section
6218, the court shall order the respondent to relinquish any firearm
in the respondent's immediate possession or control or subject to
the respondent's immediate possession or control.
   (2) The relinquishment ordered pursuant to paragraph (1) shall
occur by immediately surrendering the firearm in a safe manner, upon
request of any law enforcement officer, to the control of the
officer, after being served with the protective order. Alternatively,
if no request is made by a law enforcement officer, the
relinquishment shall occur within 24 hours of being served with the
order, by either surrendering the firearm in a safe manner to the
control of local law enforcement officials, or by selling the firearm
to a licensed gun dealer, as specified in Article 1 (commencing with
Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2 of Division 6 of Title 4 of Part 6 of the Penal Code. The
law enforcement officer or licensed gun dealer taking possession of
the firearm pursuant to this subdivision shall issue a receipt to the
person relinquishing the firearm at the time of relinquishment. A
person ordered to relinquish any firearm pursuant to this subdivision
shall file with the court that issued the protective order, within
48 hours after being served with the order, the receipt showing the
firearm was surrendered to a local law enforcement agency or sold to
a licensed gun dealer. Failure to timely file a receipt shall
constitute a violation of the protective order.
   (3) The forms for protective orders adopted by the Judicial
Council and approved by the Department of Justice shall require the
petitioner to describe the number, types, and locations of any
firearms presently known by the petitioner to be possessed or
controlled by the respondent.
   (4) It is recommended that every law enforcement agency in the
state develop, adopt, and implement written policies and standards
for law enforcement officers who request immediate relinquishment of
firearms.
   (d) If the respondent declines to relinquish possession of any
firearm based on the assertion of the right against
self-incrimination, as provided by the Fifth Amendment to the United
States Constitution and Section 15 of Article I of the California
Constitution, the court may grant use immunity for the act of
relinquishing the firearm required under this section.
   (e) A local law enforcement agency may charge the respondent a fee
for the storage of any firearm pursuant to this section. This fee
shall not exceed the actual cost incurred by the local law
enforcement agency for the storage of the firearm. For purposes of
this subdivision, "actual cost" means expenses directly related to
taking possession of a firearm, storing the firearm, and surrendering
possession of the firearm to a licensed dealer as defined in Section
26700 of the Penal Code or to the respondent.
   (f) The restraining order requiring a person to relinquish a
firearm pursuant to subdivision (c) shall state on its face that the
respondent is prohibited from owning, possessing, purchasing, or
receiving a firearm while the protective order is in effect and that
the firearm shall be relinquished to the local law enforcement agency
for that jurisdiction or sold to a licensed gun dealer, and that
proof of surrender or sale shall be filed with the court within a
specified period of receipt of the order. The order shall also state
on its face the expiration date for relinquishment. Nothing in this
section shall limit a respondent's right under existing law to
petition the court at a later date for modification of the order.
   (g) The restraining order requiring a person to relinquish a
firearm pursuant to subdivision (c) shall prohibit the person from
possessing or controlling any firearm for the duration of the order.
At the expiration of the order, the local law enforcement agency
shall return possession of any surrendered firearm to the respondent,
within five days after the expiration of the relinquishment order,
unless the local law enforcement agency determines that (1) the
firearm has been stolen, (2) the respondent is prohibited from
possessing a firearm because the respondent is in any prohibited
class for the possession of firearms, as defined in Chapter 2
(commencing with Section 29800) and Chapter 3 (commencing with
Section 29900) of Division 9 of Title 4 of Part 6 of the Penal Code
and Sections 8100 and 8103 of the Welfare and Institutions Code, or
(3) another successive restraining order is issued against the
respondent under this section. If the local law enforcement agency
determines that the respondent is the legal owner of any firearm
deposited with the local law enforcement agency and is prohibited
from possessing any firearm, the respondent shall be entitled to sell
or transfer the firearm to a licensed dealer as defined in Section
26700 of the Penal Code. If the firearm has been stolen, the firearm
shall be restored to the lawful owner upon his or her identification
of the firearm and proof of ownership.
   (h) The court may, as part of the relinquishment order, grant an
exemption from the relinquishment requirements of this section for a
particular firearm if the respondent can show that a particular
firearm is necessary as a condition of continued employment and that
the current employer is unable to reassign the respondent to another
position where a firearm is unnecessary. If an exemption is granted
pursuant to this subdivision, the order shall provide that the
firearm shall be in the physical possession of the respondent only
during scheduled work hours and during travel to and from his or her
place of employment. In any case involving a peace officer who as a
condition of employment and whose personal safety depends on the
ability to carry a firearm, a court may allow the peace officer to
continue to carry a firearm, either on duty or off duty, if the court
finds by a preponderance of the evidence that the officer does not
pose a threat of harm. Prior to making this finding, the court shall
require a mandatory psychological evaluation of the peace officer and
may require the peace officer to enter into counseling or other
remedial treatment program to deal with any propensity for domestic
violence.
   (i) During the period of the relinquishment order, a respondent is
entitled to make one sale of all firearms that are in the possession
of a local law enforcement agency pursuant to this section. A
licensed gun dealer, who presents a local law enforcement agency with
a bill of sale indicating that all firearms owned by the respondent
that are in the possession of the local law enforcement agency have
been sold by the respondent to the licensed gun dealer, shall be
given possession of those firearms, at the location where a
respondent's firearms are stored, within five days of presenting the
local law enforcement agency with a bill of sale.
   (j) The disposition of any unclaimed property under this section
shall be made pursuant to Section 1413 of the Penal Code.
   (k) The return of a firearm to any person pursuant to subdivision
(g) shall not be subject to the requirements of Section 27545 of the
Penal Code.
   (l) If the respondent notifies the court that he or she owns a
firearm that is not in his or her immediate possession, the court may
limit the order to exclude that firearm if the judge is satisfied
the respondent is unable to gain access to that firearm while the
protective order is in effect.
   (m) Any respondent to a protective order who violates any order
issued pursuant to this section shall be punished under the
provisions of Section 29825 of the Penal Code.
  SEC. 7.  Section 6254 of the Government Code is amended to read:
   6254.  Except as provided in Sections 6254.7 and 6254.13, nothing
in this chapter shall be construed to require disclosure of records
that are any of the following:
   (a) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the public agency in the ordinary
course of business, if the public interest in withholding those
records clearly outweighs the public interest in disclosure.
   (b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 810), until the pending litigation or claim
has been finally adjudicated or otherwise settled.
   (c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.
   (d) Contained in or related to any of the following:
   (1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of
financial institutions, including, but not limited to, banks, savings
and loan associations, industrial loan companies, credit unions, and
insurance companies.
   (2) Examination, operating, or condition reports prepared by, on
behalf of, or for the use of, any state agency referred to in
paragraph (1).
   (3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).
   (4) Information received in confidence by any state agency
referred to in paragraph (1).
   (e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports, that are obtained in confidence from any
person.
   (f) Records of complaints to, or investigations conducted by, or
records of intelligence information or security procedures of, the
office of the Attorney General and the Department of Justice, the
California Emergency Management Agency, and any state or local police
agency, or any investigatory or security files compiled by any other
state or local police agency, or any investigatory or security files
compiled by any other state or local agency for correctional, law
enforcement, or licensing purposes. However, state and local law
enforcement agencies shall disclose the names and addresses of
persons involved in, or witnesses other than confidential informants
to, the incident, the description of any property involved, the date,
time, and location of the incident, all diagrams, statements of the
parties involved in the incident, the statements of all witnesses,
other than confidential informants, to the victims of an incident, or
an authorized representative thereof, an insurance carrier against
which a claim has been or might be made, and any person suffering
bodily injury or property damage or loss, as the result of the
incident caused by arson, burglary, fire, explosion, larceny,
robbery, carjacking, vandalism, vehicle theft, or a crime as defined
by subdivision (b) of Section 13951, unless the disclosure would
endanger the safety of a witness or other person involved in the
investigation, or unless disclosure would endanger the successful
completion of the investigation or a related investigation. However,
nothing in this division shall require the disclosure of that portion
of those investigative files that reflects the analysis or
conclusions of the investigating officer.
   Customer lists provided to a state or local police agency by an
alarm or security company at the request of the agency shall be
construed to be records subject to this subdivision.
   Notwithstanding any other provision of this subdivision, state and
local law enforcement agencies shall make public the following
information, except to the extent that disclosure of a particular
item of information would endanger the safety of a person involved in
an investigation or would endanger the successful completion of the
investigation or a related investigation:
   (1) The full name and occupation of every individual arrested by
the agency, the individual's physical description including date of
birth, color of eyes and hair, sex, height and weight, the time and
date of arrest, the time and date of booking, the location of the
arrest, the factual circumstances surrounding the arrest, the amount
of bail set, the time and manner of release or the location where the
individual is currently being held, and all charges the individual
is being held upon, including any outstanding warrants from other
jurisdictions and parole or probation holds.
   (2) Subject to the restrictions imposed by Section 841.5 of the
Penal Code, the time, substance, and location of all complaints or
requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of the
victim, the factual circumstances surrounding the crime or incident,
and a general description of any injuries, property, or weapons
involved. The name of a victim of any crime defined by Section 220,
236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e,
266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2,
288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as
added by Section 6 of Proposition 83 of the November 7, 2006,
statewide general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75,
646.9, or 647.6 of the Penal Code may be withheld at the victim's
request, or at the request of the victim's parent or guardian if the
victim is a minor. When a person is the victim of more than one
crime, information disclosing that the person is a victim of a crime
defined in any of the sections of the Penal Code set forth in this
subdivision may be deleted at the request of the victim, or the
victim's parent or guardian if the victim is a minor, in making the
report of the crime, or of any crime or incident accompanying the
crime, available to the public in compliance with the requirements of
this paragraph.
   (3) Subject to the restrictions of Section 841.5 of the Penal Code
and this subdivision, the current address of every individual
arrested by the agency and the current address of the victim of a
crime, where the requester declares under penalty of perjury that the
request is made for a scholarly, journalistic, political, or
governmental purpose, or that the request is made for investigation
purposes by a licensed private investigator as described in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business and
Professions Code. However, the address of the victim of any crime
defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266,
266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5,
285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of
the November 7, 2006, statewide general election), 288.5, 288.7, 289,
422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain
confidential. Address information obtained pursuant to this
paragraph may not be used directly or indirectly, or furnished to
another, to sell a product or service to any individual or group of
individuals, and the requester shall execute a declaration to that
effect under penalty of perjury. Nothing in this paragraph shall be
construed to prohibit or limit a scholarly, journalistic, political,
or government use of address information obtained pursuant to this
paragraph.
   (g) Test questions, scoring keys, and other examination data used
to administer a licensing examination, examination for employment, or
academic examination, except as provided for in Chapter 3
(commencing with Section 99150) of Part 65 of Division 14 of Title 3
of the Education Code.
   (h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained. However, the law of eminent domain shall not be affected by
this provision.
   (i) Information required from any taxpayer in connection with the
collection of local taxes that is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.
   (j) Library circulation records kept for the purpose of
identifying the borrower of items available in libraries, and library
and museum materials made or acquired and presented solely for
reference or exhibition purposes. The exemption in this subdivision
shall not apply to records of fines imposed on the borrowers.
   (k) Records, the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.
   (l) Correspondence of and to the Governor or employees of the
Governor's office or in the custody of or maintained by the Governor'
s Legal Affairs Secretary. However, public records shall not be
transferred to the custody of the Governor's Legal Affairs Secretary
to evade the disclosure provisions of this chapter.
   (m) In the custody of or maintained by the Legislative Counsel,
except those records in the public database maintained by the
Legislative Counsel that are described in Section 10248.
   (n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.
   (o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and Safety
Code, where an authorized officer of the California Pollution Control
Financing Authority determines that disclosure of the financial data
would be competitively injurious to the applicant and the data is
required in order to obtain guarantees from the United States Small
Business Administration. The California Pollution Control Financing
Authority shall adopt rules for review of individual requests for
confidentiality under this section and for making available to the
public those portions of an application that are subject to
disclosure under this chapter.
   (p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing
with Section 3525), and Chapter 12 (commencing with Section 3560) of
Division 4, that reveal a state agency's deliberative processes,
impressions, evaluations, opinions, recommendations, meeting minutes,
research, work products, theories, or strategy, or that provide
instruction, advice, or training to employees who do not have full
collective bargaining and representation rights under these chapters.
Nothing in this subdivision shall be construed to limit the
disclosure duties of a state agency with respect to any other records
relating to the activities governed by the employee relations acts
referred to in this subdivision.
   (q) (1) Records of state agencies related to activities governed
by Article 2.6 (commencing with Section 14081), Article 2.8
(commencing with Section 14087.5), and Article 2.91 (commencing with
Section 14089) of Chapter 7 of Part 3 of Division 9 of the Welfare
and Institutions Code, that reveal the special negotiator's
deliberative processes, discussions, communications, or any other
portion of the negotiations with providers of health care services,
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy, or that provide instruction,
advice, or training to employees.
    (2) Except for the portion of a contract containing the rates of
payment, contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to
inspection one year after they are fully executed. If a contract for
inpatient services that is entered into prior to April 1, 1984, is
amended on or after April 1, 1984, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after it is fully executed. If the California Medical
Assistance Commission enters into contracts with health care
providers for other than inpatient hospital services, those contracts
shall be open to inspection one year after they are fully executed.
   (3) Three years after a contract or amendment is open to
inspection under this subdivision, the portion of the contract or
amendment containing the rates of payment shall be open to
inspection.
   (4) Notwithstanding any other provision of law, the entire
contract or amendment shall be open to inspection by the Joint
Legislative Audit Committee and the Legislative Analyst's Office. The
committee and that office shall maintain the confidentiality of the
contracts and amendments until the time
            a contract or amendment is fully open to inspection by
the public.
   (r) Records of Native American graves, cemeteries, and sacred
places and records of Native American places, features, and objects
described in Sections 5097.9 and 5097.993 of the Public Resources
Code maintained by, or in the possession of, the Native American
Heritage Commission, another state agency, or a local agency.
   (s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals that has been transmitted to the State
Department of Health Care Services pursuant to subdivision (b) of
Section 1282 of the Health and Safety Code.
   (t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32000) of the Health and Safety
Code, or the records of a municipal hospital, formed pursuant to
Article 7 (commencing with Section 37600) or Article 8 (commencing
with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4
of this code, that relate to any contract with an insurer or
nonprofit hospital service plan for inpatient or outpatient services
for alternative rates pursuant to Section 10133 of the Insurance
Code. However, the record shall be open to inspection within one year
after the contract is fully executed.
   (u) (1) Information contained in applications for licenses to
carry firearms issued pursuant to Section 26150, 26155, 26170, or
26215 of the Penal Code by the sheriff of a county or the chief or
other head of a municipal police department that indicates when or
where the applicant is vulnerable to attack or that concerns the
applicant's medical or psychological history or that of members of
his or her family.
   (2) The home address and telephone number of peace officers,
judges, court commissioners, and magistrates that are set forth in
applications for licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215 of the Penal Code by the
sheriff of a county or the chief or other head of a municipal police
department.
   (3) The home address and telephone number of peace officers,
judges, court commissioners, and magistrates that are set forth in
licenses to carry firearms issued pursuant to Section 26150, 26155,
26170, or 26215 of the Penal Code by the sheriff of a county or the
chief or other head of a municipal police department.
   (v) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Part 6.3 (commencing with Section
12695), Part 6.5 (commencing with Section 12700), Part 6.6
(commencing with Section 12739.5), and Part 6.7 (commencing with
Section 12739.70) of Division 2 of the Insurance Code, and that
reveal any of the following:
   (A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board, entities with which the board is
considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement.
   (B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.
   (2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.3
(commencing with Section 12695), Part 6.5 (commencing with Section
12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7
(commencing with Section 12739.70) of Division 2 of the Insurance
Code, on or after July 1, 1991, shall be open to inspection one year
after their effective dates.
   (B) If a contract that is entered into prior to July 1, 1991, is
amended on or after July 1, 1991, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after the effective date of the amendment.
   (3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
   (4) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto, until
the contracts or amendments to the contracts are open to inspection
pursuant to paragraph (3).
   (w) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Chapter 8 (commencing with Section
10700) of Part 2 of Division 2 of the Insurance Code, and that reveal
the deliberative processes, discussions, communications, or any
other portion of the negotiations with health plans, or the
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of the board or its staff, or
records that provide instructions, advice, or training to employees.
   (2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of
the Insurance Code, on or after January 1, 1993, shall be open to
inspection one year after they have been fully executed.
   (3) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto, until
the contracts or amendments to the contracts are open to inspection
pursuant to paragraph (2).
   (x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of Consumer Affairs pursuant to Chapter 20 (commencing with Section
9800) of Division 3 of the Business and Professions Code, for the
purpose of establishing the service contractor's net worth, or
financial data regarding the funded accounts held in escrow for
service contracts held in force in this state by a service
contractor.
   (y) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Part 6.2 (commencing with Section
12693) or Part 6.4 (commencing with Section 12699.50) of Division 2
of the Insurance Code, and that reveal any of the following:
   (A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board, entities with which the board is
considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement.
   (B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.
   (2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.2
(commencing with Section 12693) or Part 6.4 (commencing with Section
12699.50) of Division 2 of the Insurance Code, on or after January 1,
1998, shall be open to inspection one year after their effective
dates.
   (B) If a contract entered into pursuant to Part 6.2 (commencing
with Section 12693) or Part 6.4 (commencing with Section 12699.50) of
Division 2 of the Insurance Code is amended, the amendment shall be
open to inspection one year after the effective date of the
amendment.
   (3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
   (4) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to paragraph (2) or (3).
   (5) The exemption from disclosure provided pursuant to this
subdivision for the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of
the board or its staff shall also apply to the contracts,
deliberative processes, discussions, communications, negotiations,
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of applicants pursuant to Part
6.4 (commencing with Section 12699.50) of Division 2 of the Insurance
Code.
   (z) Records obtained pursuant to paragraph (2) of subdivision (f)
of Section 2891.1 of the Public Utilities Code.
   (aa) A document prepared by or for a state or local agency that
assesses its vulnerability to terrorist attack or other criminal acts
intended to disrupt the public agency's operations and that is for
distribution or consideration in a closed session.
   (ab) Critical infrastructure information, as defined in Section
131(3) of Title 6 of the United States Code, that is voluntarily
submitted to the California Emergency Management Agency for use by
that office, including the identity of the person who or entity that
voluntarily submitted the information. As used in this subdivision,
"voluntarily submitted" means submitted in the absence of the office
exercising any legal authority to compel access to or submission of
critical infrastructure information. This subdivision shall not
affect the status of information in the possession of any other state
or local governmental agency.
   (ac) All information provided to the Secretary of State by a
person for the purpose of registration in the Advance Health Care
Directive Registry, except that those records shall be released at
the request of a health care provider, a public guardian, or the
registrant's legal representative.
   (ad) The following records of the State Compensation Insurance
Fund:
   (1) Records related to claims pursuant to Chapter 1 (commencing
with Section 3200) of Division 4 of the Labor Code, to the extent
that confidential medical information or other individually
identifiable information would be disclosed.
   (2) Records related to the discussions, communications, or any
other portion of the negotiations with entities contracting or
seeking to contract with the fund, and any related deliberations.
   (3) Records related to the impressions, opinions, recommendations,
meeting minutes of meetings or sessions that are lawfully closed to
the public, research, work product, theories, or strategy of the fund
or its staff, on the development of rates, contracting strategy,
underwriting, or competitive strategy pursuant to the powers granted
to the fund in Chapter 4 (commencing with Section 11770) of Part 3 of
Division 2 of the Insurance Code.
   (4) Records obtained to provide workers' compensation insurance
under Chapter 4 (commencing with Section 11770) of Part 3 of Division
2 of the Insurance Code, including, but not limited to, any medical
claims information, policyholder information provided that nothing in
this paragraph shall be interpreted to prevent an insurance agent or
broker from obtaining proprietary information or other information
authorized by law to be obtained by the agent or broker, and
information on rates, pricing, and claims handling received from
brokers.
   (5) (A) Records that are trade secrets pursuant to Section
6276.44, or Article 11 (commencing with Section 1060) of Chapter 4 of
Division 8 of the Evidence Code, including without limitation,
instructions, advice, or training provided by the State Compensation
Insurance Fund to its board members, officers, and employees
regarding the fund's special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing,
underwriting, claims handling, audits, and collections.
   (B) Notwithstanding subparagraph (A), the portions of records
containing trade secrets shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
   (6) (A) Internal audits containing proprietary information and the
following records that are related to an internal audit:
   (i) Personal papers and correspondence of any person providing
assistance to the fund when that person has requested in writing that
his or her papers and correspondence be kept private and
confidential. Those papers and correspondence shall become public
records if the written request is withdrawn, or upon order of the
fund.
   (ii) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed or an internal
audit that contains proprietary information.
   (B) Notwithstanding subparagraph (A), the portions of records
containing proprietary information, or any information specified in
subparagraph (A) shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
   (7) (A) Except as provided in subparagraph (C), contracts entered
into pursuant to Chapter 4 (commencing with Section 11770) of Part 3
of Division 2 of the Insurance Code shall be open to inspection one
year after the contract has been fully executed.
   (B) If a contract entered into pursuant to Chapter 4 (commencing
with Section 11770) of Part 3 of Division 2 of the Insurance Code is
amended, the amendment shall be open to inspection one year after the
amendment has been fully executed.
   (C) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
   (D) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to this paragraph.
   (E) Nothing in this paragraph is intended to apply to documents
related to contracts with public entities that are not otherwise
expressly confidential as to that public entity.
   (F) For purposes of this paragraph, "fully executed" means the
point in time when all of the necessary parties to the contract have
signed the contract.
   Nothing in this section prevents any agency from opening its
records concerning the administration of the agency to public
inspection, unless disclosure is otherwise prohibited by law.
   Nothing in this section prevents any health facility from
disclosing to a certified bargaining agent relevant financing
information pursuant to Section 8 of the National Labor Relations Act
(29 U.S.C. Sec. 158).
  SEC. 8.  Section 53071.5 of the Government Code, as amended by
Section 35 of Chapter 178 of the Statutes of 2010, is amended to
read:
   53071.5.  By the enforcement of this section, the Legislature
occupies the whole field of regulation of the manufacture, sale, or
possession of imitation firearms, as defined in subdivision (a) of
Section 16700 of the Penal Code, and that subdivision shall preempt
and be exclusive of all regulations relating to the manufacture,
sale, or possession of imitation firearms, including regulations
governing the manufacture, sale, or possession of BB devices and air
rifles described in Section 16250 of the Penal Code.
  SEC. 9.  Section 166 of the Penal Code is amended to read:
   166.  (a) Except as provided in subdivisions (b), (c), and (d),
every person guilty of any contempt of court, of any of the following
kinds, is guilty of a misdemeanor:
   (1) Disorderly, contemptuous, or insolent behavior committed
during the sitting of any court of justice, in the immediate view and
presence of the court, and directly tending to interrupt its
proceedings or to impair the respect due to its authority.
   (2) Behavior as specified in paragraph (1) committed in the
presence of any referee, while actually engaged in any trial or
hearing, pursuant to the order of any court, or in the presence of
any jury while actually sitting for the trial of a cause, or upon any
inquest or other proceedings authorized by law.
   (3) Any breach of the peace, noise, or other disturbance directly
tending to interrupt the proceedings of any court.
   (4) Willful disobedience of the terms as written of any process or
court order or out-of-state court order, lawfully issued by any
court, including orders pending trial.
   (5) Resistance willfully offered by any person to the lawful order
or process of any court.
   (6) The contumacious and unlawful refusal of any person to be
sworn as a witness or, when so sworn, the like refusal to answer any
material question.
   (7) The publication of a false or grossly inaccurate report of the
proceedings of any court.
   (8) Presenting to any court having power to pass sentence upon any
prisoner under conviction, or to any member of the court, any
affidavit or testimony or representation of any kind, verbal or
written, in aggravation or mitigation of the punishment to be imposed
upon the prisoner, except as provided in this code.
   (9) Willful disobedience of the terms of any injunction that
restrains the activities of a criminal street gang or any of its
members, lawfully issued by any court, including an order pending
trial.
   (b) (1) Any person who is guilty of contempt of court under
paragraph (4) of subdivision (a) by willfully contacting a victim by
telephone or mail, or directly, and who has been previously convicted
of a violation of Section 646.9 shall be punished by imprisonment in
a county jail for not more than one year, by a fine of five thousand
dollars ($5,000), or by both that fine and imprisonment.
   (2) For the purposes of sentencing under this subdivision, each
contact shall constitute a separate violation of this subdivision.
   (3) The present incarceration of a person who makes contact with a
victim in violation of paragraph (1) is not a defense to a violation
of this subdivision.
   (c) (1) Notwithstanding paragraph (4) of subdivision (a), any
willful and knowing violation of any protective order or stay-away
court order issued pursuant to Section 136.2, in a pending criminal
proceeding involving domestic violence, as defined in Section 13700,
or issued as a condition of probation after a conviction in a
criminal proceeding involving domestic violence, as defined in
Section 13700, or elder or dependent adult abuse, as defined in
Section 368, or that is an order described in paragraph (3), shall
constitute contempt of court, a misdemeanor, punishable by
imprisonment in a county jail for not more than one year, by a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
   (2) If a violation of paragraph (1) results in a physical injury,
the person shall be imprisoned in a county jail for at least 48
hours, whether a fine or imprisonment is imposed, or the sentence is
suspended.
   (3) Paragraphs (1) and (2) apply to the following court orders:
   (A) Any order issued pursuant to Section 6320 or 6389 of the
Family Code.
   (B) An order excluding one party from the family dwelling or from
the dwelling of the other.
   (C) An order enjoining a party from specified behavior that the
court determined was necessary to effectuate the orders described in
paragraph (1).
   (4) A second or subsequent conviction for a violation of any order
described in paragraph (1) occurring within seven years of a prior
conviction for a violation of any of those orders and involving an
act of violence or "a credible threat" of violence, as provided in
subdivisions (c) and (d) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or in the state
prison for 16 months or two or three years.
   (5) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of the orders described in
paragraph (1).
   (d) (1) A person who owns, possesses, purchases, or receives a
firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this
code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of
the Code of Civil Procedure, shall be punished under the provisions
of Section 29825.
   (2) A person subject to a protective order described in paragraph
(1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that
firearm is granted an exemption pursuant to subdivision (h) of
Section 6389 of the Family Code.
   (e) (1) If probation is granted upon conviction of a violation of
subdivision (c), the court shall impose probation consistent with
Section 1203.097 of the Penal Code.
   (2) If probation is granted upon conviction of a violation of
subdivision (c), the conditions of probation may include, in lieu of
a fine, one or both of the following requirements:
   (A) That the defendant make payments to a battered women's
shelter, up to a maximum of one thousand dollars ($1,000).
   (B) That the defendant provide restitution to reimburse the victim
for reasonable costs of counseling and other reasonable expenses
that the court finds are the direct result of the defendant's
offense.
   (3) For any order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under this
subdivision or subdivision (c), the court shall make a determination
of the defendant's ability to pay. In no event shall any order to
make payments to a battered women's shelter be made if it would
impair the ability of the defendant to pay direct restitution to the
victim or court-ordered child support.
   (4) If the injury to a married person is caused in whole or in
part by the criminal acts of his or her spouse in violation of
subdivision (c), the community property may not be used to discharge
the liability of the offending spouse for restitution to the injured
spouse required by Section 1203.04, as operative on or before August
2, 1995, or Section 1202.4, or to a shelter for costs with regard to
the injured spouse and dependents required by this subdivision, until
all separate property of the offending spouse is exhausted.
   (5) Any person violating any order described in subdivision (c)
may be punished for any substantive offenses described under Section
136.1 or 646.9. No finding of contempt shall be a bar to prosecution
for a violation of Section 136.1 or 646.9. However, any person held
in contempt for a violation of subdivision (c) shall be entitled to
credit for any punishment imposed as a result of that violation
against any sentence imposed upon conviction of an offense described
in Section 136.1 or 646.9. Any conviction or acquittal for any
substantive offense under Section 136.1 or 646.9 shall be a bar to a
subsequent punishment for contempt arising out of the same act.
  SEC. 10.  Section 171c of the Penal Code is amended to read:
   171c.  (a) (1) Any person who brings a loaded firearm into, or
possesses a loaded firearm within, the State Capitol, any legislative
office, any office of the Governor or other constitutional officer,
or any hearing room in which any committee of the Senate or Assembly
is conducting a hearing, or upon the grounds of the State Capitol,
which is bounded by 10th, L, 15th, and N Streets in the City of
Sacramento, shall be punished by imprisonment in a county jail for a
period of not more than one year, a fine of not more than one
thousand dollars ($1,000), or both such imprisonment and fine, or by
imprisonment in the state prison.
   (2) Any person who brings or possesses, within the State Capitol,
any legislative office, any hearing room in which any committee of
the Senate or Assembly is conducting a hearing, the Legislative
Office Building at 1020 N Street in the City of Sacramento, or upon
the grounds of the State Capitol, which is bounded by 10th, L, 15th,
and N Streets in the City of Sacramento, any of the following, is
guilty of a misdemeanor punishable by imprisonment in a county jail
for a period not to exceed one year, or by a fine not exceeding one
thousand dollars ($1,000), or by both that fine and imprisonment, if
the area is posted with a statement providing reasonable notice that
prosecution may result from possession of any of these items:
   (A) Any firearm.
   (B) Any deadly weapon described in Section 21510 or in any
provision listed in Section 16590.
   (C) Any knife with a blade length in excess of four inches, the
blade of which is fixed or is capable of being fixed in an unguarded
position by the use of one or two hands.
   (D) Any unauthorized tear gas weapon.
   (E) Any stun gun, as defined in Section 244.5.
   (F) Any instrument that expels a metallic projectile, such as a BB
or pellet, through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun or paint gun.
   (G) Any ammunition as defined in Sections 16150 and 16650.
   (H) Any explosive as defined in Section 12000 of the Health and
Safety Code.
   (b) Subdivision (a) shall not apply to, or affect, any of the
following:
   (1) A duly appointed peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, a retired peace
officer with authorization to carry concealed weapons as described in
Article 2 (commencing with Section 25450) of Chapter 2 of Division 5
of Title 4 of Part 6, a full-time paid peace officer of another
state or the federal government who is carrying out official duties
while in California, or any person summoned by any of these officers
to assist in making arrests or preserving the peace while he or she
is actually engaged in assisting the officer.
   (2) A person holding a valid license to carry the firearm pursuant
to Chapter 4 (commencing with Section 26150) of Division 5 of Title
4 of Part 6, and who has permission granted by the Chief Sergeants at
Arms of the State Assembly and the State Senate to possess a
concealed weapon upon the premises described in subdivision (a).
   (3) A person who has permission granted by the Chief Sergeants at
Arms of the State Assembly and the State Senate to possess a weapon
upon the premises described in subdivision (a).
                                                            (c) (1)
Nothing in this section shall preclude prosecution under Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with Section
29900) of Division 9 of Title 4 of Part 6 of this code, Section 8100
or 8103 of the Welfare and Institutions Code, or any other law with
a penalty greater than is set forth in this section.
   (2) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
  SEC. 11.  Section 171.7 of the Penal Code is amended to read:
   171.7.  (a) For purposes of this section:
   (1) "Public transit facility" means any land, building, or
equipment, or any interest therein, including any station on a public
transportation route, to which access is controlled in a manner
consistent with the public transit authority's security plan, whether
or not the operation thereof produces revenue, that has as its
primary purpose the operation of a public transit system or the
providing of services to the passengers of a public transit system. A
public transit system includes the vehicles used in the system,
including, but not limited to, motor vehicles, streetcars, trackless
trolleys, buses, light rail systems, rapid transit systems, subways,
trains, or jitneys, that transport members of the public for hire.
   (2) "Sterile area" means any portion of a public transit facility
that is generally controlled in a manner consistent with the public
transit authority's security plan.
   (3) "Firearm" has the same meaning as specified in subdivision (a)
of Section 16520.
   (b) It is unlawful for any person to knowingly possess within any
sterile area of a public transit facility any of the following, if
the sterile area is posted with a statement providing reasonable
notice that prosecution may result from possession of these items:
   (1) Any firearm.
   (2) Any imitation firearm as defined in Section 417.4.
   (3) Any instrument that expels a metallic projectile, such as a BB
or pellet, through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun or paint gun.
   (4) Any metal military practice hand grenade.
   (5) Any metal replica hand grenade.
   (6) Any plastic replica hand grenade.
   (7) Any unauthorized tear gas weapon.
   (8) Any undetectable knife, as described in Section 17290.
   (c) (1) Subdivision (b) shall not apply to, or affect, any of the
following:
   (A) A duly appointed peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
   (B) A retired peace officer with authorization to carry concealed
weapons as described in Article 2 (commencing with Section 25450) of
Chapter 2 of Division 5 of Title 4 of Part 6.
   (C) A full-time paid peace officer of another state or the federal
government who is carrying out official duties while in California.
   (D) A qualified law enforcement officer of another state or the
federal government, as permitted under the Law Enforcement Officers
Safety Act pursuant to Section 926B or 926C of Title 18 of the United
States Code.
   (E) Any person summoned by any of the officers listed in
subparagraphs (A) to (C), inclusive, to assist in making arrests or
preserving the peace while he or she is actually engaged in assisting
the officer.
   (F) A person who is responsible for the security of the public
transit system and who has been authorized by the public transit
authority's security coordinator, in writing, to possess a weapon
specified in subdivision (b).
   (2) Paragraph (1) of subdivision (b) does not apply to or affect a
person who is exempt from the prohibition against carrying a handgun
pursuant to Section 25400 if the carrying of that handgun is in
accordance with the terms and conditions of the exemption specified
in Article 2 (commencing with Section 25450) of Chapter 2 of Division
5 of Title 4 of Part 6 or Sections 25615 to 25655, inclusive.
   (3) Paragraph (7) of subdivision (b) shall not apply to or affect
the possession of a tear gas weapon when possession is permitted
pursuant to Division 11 (commencing with Section 22810) of Title 3 of
Part 6.
   (d) A violation of this section is punishable by imprisonment in a
county jail for a period not exceeding six months, or by a fine not
exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.
   (e) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission that is punishable in different ways by
this and any other provision of law shall not be punished under more
than one provision.
   (f) This section does not prevent prosecution under any other
provision of law that may provide a greater punishment.
   (g) This section shall be interpreted so as to be consistent with
Section 926A of Title 18 of the United States Code.
  SEC. 12.  Section 186.22 of the Penal Code, as amended by Section 2
of Chapter 256 of the Statutes of 2010, is amended to read:
   186.22.  (a) Any person who actively participates in any criminal
street gang with knowledge that its members engage in or have engaged
in a pattern of criminal gang activity, and who willfully promotes,
furthers, or assists in any felonious criminal conduct by members of
that gang, shall be punished by imprisonment in a county jail for a
period not to exceed one year, or by imprisonment in the state prison
for 16 months, or two or three years.
   (b) (1) Except as provided in paragraphs (4) and (5), any person
who is convicted of a felony committed for the benefit of, at the
direction of, or in association with any criminal street gang, with
the specific intent to promote, further, or assist in any criminal
conduct by gang members, shall, upon conviction of that felony, in
addition and consecutive to the punishment prescribed for the felony
or attempted felony of which he or she has been convicted, be
punished as follows:
   (A) Except as provided in subparagraphs (B) and (C), the person
shall be punished by an additional term of two, three, or four years
at the court's discretion.
   (B) If the felony is a serious felony, as defined in subdivision
(c) of Section 1192.7, the person shall be punished by an additional
term of five years.
   (C) If the felony is a violent felony, as defined in subdivision
(c) of Section 667.5, the person shall be punished by an additional
term of 10 years.
   (2) If the underlying felony described in paragraph (1) is
committed on the grounds of, or within 1,000 feet of, a public or
private elementary, vocational, junior high, or high school, during
hours in which the facility is open for classes or school-related
programs or when minors are using the facility, that fact shall be a
circumstance in aggravation of the crime in imposing a term under
paragraph (1).
   (3) The court shall order the imposition of the middle term of the
sentence enhancement, unless there are circumstances in aggravation
or mitigation. The court shall state the reasons for its choice of
sentencing enhancements on the record at the time of the sentencing.
   (4) Any person who is convicted of a felony enumerated in this
paragraph committed for the benefit of, at the direction of, or in
association with any criminal street gang, with the specific intent
to promote, further, or assist in any criminal conduct by gang
members, shall, upon conviction of that felony, be sentenced to an
indeterminate term of life imprisonment with a minimum term of the
indeterminate sentence calculated as the greater of:
   (A) The term determined by the court pursuant to Section 1170 for
the underlying conviction, including any enhancement applicable under
Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or
any period prescribed by Section 3046, if the felony is any of the
offenses enumerated in subparagraph (B) or (C) of this paragraph.
   (B) Imprisonment in the state prison for 15 years, if the felony
is a home invasion robbery, in violation of subparagraph (A) of
paragraph (1) of subdivision (a) of Section 213; carjacking, as
defined in Section 215; a felony violation of Section 246; or a
violation of Section 12022.55.
   (C) Imprisonment in the state prison for seven years, if the
felony is extortion, as defined in Section 519; or threats to victims
and witnesses, as defined in Section 136.1.
   (5) Except as provided in paragraph (4), any person who violates
this subdivision in the commission of a felony punishable by
imprisonment in the state prison for life shall not be paroled until
a minimum of 15 calendar years have been served.
   (c) If the court grants probation or suspends the execution of
sentence imposed upon the defendant for a violation of subdivision
(a), or in cases involving a true finding of the enhancement
enumerated in subdivision (b), the court shall require that the
defendant serve a minimum of 180 days in a county jail as a condition
thereof.
   (d) Any person who is convicted of a public offense punishable as
a felony or a misdemeanor, which is committed for the benefit of, at
the direction of, or in association with any criminal street gang,
with the specific intent to promote, further, or assist in any
criminal conduct by gang members, shall be punished by imprisonment
in the county jail not to exceed one year, or by imprisonment in the
state prison for one, two, or three years, provided that any person
sentenced to imprisonment in the county jail shall be imprisoned for
a period not to exceed one year, but not less than 180 days, and
shall not be eligible for release upon completion of sentence,
parole, or any other basis, until he or she has served 180 days. If
the court grants probation or suspends the execution of sentence
imposed upon the defendant, it shall require as a condition thereof
that the defendant serve 180 days in a county jail.
   (e) As used in this chapter, "pattern of criminal gang activity"
means the commission of, attempted commission of, conspiracy to
commit, or solicitation of, sustained juvenile petition for, or
conviction of two or more of the following offenses, provided at
least one of these offenses occurred after the effective date of this
chapter and the last of those offenses occurred within three years
after a prior offense, and the offenses were committed on separate
occasions, or by two or more persons:
   (1) Assault with a deadly weapon or by means of force likely to
produce great bodily injury, as defined in Section 245.
   (2) Robbery, as defined in Chapter 4 (commencing with Section 211)
of Title 8 of Part 1.
   (3) Unlawful homicide or manslaughter, as defined in Chapter 1
(commencing with Section 187) of Title 8 of Part 1.
   (4) The sale, possession for sale, transportation, manufacture,
offer for sale, or offer to manufacture controlled substances as
defined in Sections 11054, 11055, 11056, 11057, and 11058 of the
Health and Safety Code.
   (5) Shooting at an inhabited dwelling or occupied motor vehicle,
as defined in Section 246.
   (6) Discharging or permitting the discharge of a firearm from a
motor vehicle, as defined in subdivisions (a) and (b) of Section
26100.
   (7) Arson, as defined in Chapter 1 (commencing with Section 450)
of Title 13.
   (8) The intimidation of witnesses and victims, as defined in
Section 136.1.
   (9) Grand theft, as defined in subdivision (a) or (c) of Section
487.
   (10) Grand theft of any firearm, vehicle, trailer, or vessel.
   (11) Burglary, as defined in Section 459.
   (12) Rape, as defined in Section 261.
   (13) Looting, as defined in Section 463.
   (14) Money laundering, as defined in Section 186.10.
   (15) Kidnapping, as defined in Section 207.
   (16) Mayhem, as defined in Section 203.
   (17) Aggravated mayhem, as defined in Section 205.
   (18) Torture, as defined in Section 206.
   (19) Felony extortion, as defined in Sections 518 and 520.
   (20) Felony vandalism, as defined in paragraph (1) of subdivision
(b) of Section 594.
   (21) Carjacking, as defined in Section 215.
   (22) The sale, delivery, or transfer of a firearm, as defined in
Article 1 (commencing with Section 27500) of Chapter 4 of Division 6
of Title 4 of Part 6.
   (23) Possession of a pistol, revolver, or other firearm capable of
being concealed upon the person in violation of Section 29610.
   (24) Threats to commit crimes resulting in death or great bodily
injury, as defined in Section 422.
   (25) Theft and unlawful taking or driving of a vehicle, as defined
in Section 10851 of the Vehicle Code.
   (26) Felony theft of an access card or account information, as
defined in Section 484e.
   (27) Counterfeiting, designing, using, or attempting to use an
access card, as defined in Section 484f.
   (28) Felony fraudulent use of an access card or account
information, as defined in Section 484g.
   (29) Unlawful use of personal identifying information to obtain
credit, goods, services, or medical information, as defined in
Section 530.5.
   (30)  Wrongfully obtaining Department of Motor Vehicles
documentation, as defined in Section 529.7.
   (31) Prohibited possession of a firearm in violation of Chapter 2
(commencing with Section 29800) of Division 9 of Title 4 of Part 6.
   (32) Carrying a concealed firearm in violation of Section 25400.
   (33) Carrying a loaded firearm in violation of Section 25850.
   (f) As used in this chapter, "criminal street gang" means any
ongoing organization, association, or group of three or more persons,
whether formal or informal, having as one of its primary activities
the commission of one or more of the criminal acts enumerated in
paragraphs (1) to (25), inclusive, or (31) to (33), inclusive, of
subdivision (e), having a common name or common identifying sign or
symbol, and whose members individually or collectively engage in or
have engaged in a pattern of criminal gang activity.
   (g) Notwithstanding any other law, the court may strike the
additional punishment for the enhancements provided in this section
or refuse to impose the minimum jail sentence for misdemeanors in an
unusual case where the interests of justice would best be served, if
the court specifies on the record and enters into the minutes the
circumstances indicating that the interests of justice would best be
served by that disposition.
   (h) Notwithstanding any other provision of law, for each person
committed to the Division of Juvenile Facilities for a conviction
pursuant to subdivision (a) or (b) of this section, the offense shall
be deemed one for which the state shall pay the rate of 100 percent
of the per capita institutional cost of the Division of Juvenile
Facilities, pursuant to Section 912.5 of the Welfare and Institutions
Code.
   (i) In order to secure a conviction or sustain a juvenile
petition, pursuant to subdivision (a) it is not necessary for the
prosecution to prove that the person devotes all, or a substantial
part, of his or her time or efforts to the criminal street gang, nor
is it necessary to prove that the person is a member of the criminal
street gang. Active participation in the criminal street gang is all
that is required.
   (j) A pattern of gang activity may be shown by the commission of
one or more of the offenses enumerated in paragraphs (26) to (30),
inclusive, of subdivision (e), and the commission of one or more of
the offenses enumerated in paragraphs (1) to (25), inclusive, or (31)
to (33), inclusive, of subdivision (e). A pattern of gang activity
cannot be established solely by proof of commission of offenses
enumerated in paragraphs (26) to (30), inclusive, of subdivision (e),
alone.
   (k) This section shall become operative on January 1, 2012.
  SEC. 13.  Section 273.6 of the Penal Code, as amended by Section 55
of Chapter 178 of the Statutes of 2010, is amended to read:
   273.6.  (a) Any intentional and knowing violation of a protective
order, as defined in Section 6218 of the Family Code, or of an order
issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of
Civil Procedure, or Section 15657.03 of the Welfare and Institutions
Code, is a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment in a county jail for
not more than one year, or by both that fine and imprisonment.
   (b) In the event of a violation of subdivision (a) that results in
physical injury, the person shall be punished by a fine of not more
than two thousand dollars ($2,000), or by imprisonment in a county
jail for not less than 30 days nor more than one year, or by both
that fine and imprisonment. However, if the person is imprisoned in a
county jail for at least 48 hours, the court may, in the interest of
justice and for reasons stated on the record, reduce or eliminate
the 30-day minimum imprisonment required by this subdivision. In
determining whether to reduce or eliminate the minimum imprisonment
pursuant to this subdivision, the court shall consider the
seriousness of the facts before the court, whether there are
additional allegations of a violation of the order during the
pendency of the case before the court, the probability of future
violations, the safety of the victim, and whether the defendant has
successfully completed or is making progress with counseling.
   (c) Subdivisions (a) and (b) shall apply to the following court
orders:
   (1) Any order issued pursuant to Section 6320 or 6389 of the
Family Code.
   (2) An order excluding one party from the family dwelling or from
the dwelling of the other.
   (3) An order enjoining a party from specified behavior that the
court determined was necessary to effectuate the order described in
subdivision (a).
   (4) Any order issued by another state that is recognized under
Part 5 (commencing with Section 6400) of Division 10 of the Family
Code.
   (d) A subsequent conviction for a violation of an order described
in subdivision (a), occurring within seven years of a prior
conviction for a violation of an order described in subdivision (a)
and involving an act of violence or "a credible threat" of violence,
as defined in subdivision (c) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or in the state
prison.
   (e) In the event of a subsequent conviction for a violation of an
order described in subdivision (a) for an act occurring within one
year of a prior conviction for a violation of an order described in
subdivision (a) that results in physical injury to a victim, the
person shall be punished by a fine of not more than two thousand
dollars ($2,000), or by imprisonment in a county jail for not less
than six months nor more than one year, by both that fine and
imprisonment, or by imprisonment in the state prison. However, if the
person is imprisoned in a county jail for at least 30 days, the
court may, in the interest of justice and for reasons stated in the
record, reduce or eliminate the six-month minimum imprisonment
required by this subdivision. In determining whether to reduce or
eliminate the minimum imprisonment pursuant to this subdivision, the
court shall consider the seriousness of the facts before the court,
whether there are additional allegations of a violation of the order
during the pendency of the case before the court, the probability of
future violations, the safety of the victim, and whether the
defendant has successfully completed or is making progress with
counseling.
   (f) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders described in
subdivisions (a), (b), (d), and (e).
   (g) (1) Every person who owns, possesses, purchases, or receives a
firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this
code, Section 6218 of the Family Code, or Section 527.6, 527.8, or
527.85 of the Code of Civil Procedure, or Section 15657.03 of the
Welfare and Institutions Code, shall be punished under Section 29825.

   (2) Every person subject to a protective order described in
paragraph (1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that
firearm is granted an exemption pursuant to subdivision (f) of
Section 527.9 of the Code of Civil Procedure, or subdivision (h) of
Section 6389 of the Family Code.
   (h) If probation is granted upon conviction of a violation of
subdivision (a), (b), (c), (d), or (e), the court shall impose
probation consistent with Section 1203.097, and the conditions of
probation may include, in lieu of a fine, one or both of the
following requirements:
   (1) That the defendant make payments to a battered women's shelter
or to a shelter for abused elder persons or dependent adults, up to
a maximum of five thousand dollars ($5,000), pursuant to Section
1203.097.
   (2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
   (i) For any order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under
subdivision (e), the court shall make a determination of the
defendant's ability to pay. In no event shall any order to make
payments to a battered women's shelter be made if it would impair the
ability of the defendant to pay direct restitution to the victim or
court-ordered child support. Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution to
the injured spouse, required by Section 1203.04, as operative on or
before August 2, 1995, or Section 1202.4, or to a shelter for costs
with regard to the injured spouse and dependents, required by this
section, until all separate property of the offending spouse is
exhausted.
  SEC. 14.  Section 626.95 of the Penal Code, as amended by Section
60 of Chapter 178 of the Statutes of 2010, is amended to read:
   626.95.  (a) Any person who is in violation of paragraph (2) of
subdivision (a), or subdivision (b), of Section 417, or Section 25400
or 25850, upon the grounds of or within a playground, or a public or
private youth center during hours in which the facility is open for
business, classes, or school-related programs, or at any time when
minors are using the facility, knowing that he or she is on or within
those grounds, shall be punished by imprisonment in the state prison
for one, two, or three years, or in a county jail not exceeding one
year.
   (b) State and local authorities are encouraged to cause signs to
be posted around playgrounds and youth centers giving warning of
prohibition of the possession of firearms upon the grounds of or
within playgrounds or youth centers.
   (c) For purposes of this section, the following definitions shall
apply:
   (1) "Playground" means any park or recreational area specifically
designed to be used by children that has play equipment installed,
including public grounds designed for athletic activities such as
baseball, football, soccer, or basketball, or any similar facility
located on public or private school grounds, or on city or county
parks.
   (2) "Youth center" means any public or private facility that is
used to host recreational or social activities for minors while
minors are present.
   (d) It is the Legislature's intent that only an actual conviction
of a felony of one of the offenses specified in this section would
subject the person to firearms disabilities under the federal Gun
Control Act of 1968 (P.L. 90-618; 18 U.S.C. Sec. 921).
  SEC. 15.  Section 626.10 of the Penal Code, as amended by Section
61 of Chapter 178 of the Statutes of 2010, is amended to read:
   626.10.  (a) (1) Any person, except a duly appointed peace officer
as defined in Chapter 4.5 (commencing with Section 830) of Title 3
of Part 2, a full-time paid peace officer of another state or the
federal government who is carrying out official duties while in this
state, a person summoned by any officer to assist in making arrests
or preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick,
knife having a blade longer than 21/2 inches, folding knife with a
blade that locks into place, razor with an unguarded blade, taser, or
stun gun, as defined in subdivision (a) of Section 244.5, any
instrument that expels a metallic projectile, such as a BB or a
pellet, through the force of air pressure, CO2 pressure, or spring
action, or any spot marker gun, upon the grounds of, or within, any
public or private school providing instruction in kindergarten or any
of grades 1 to 12, inclusive, is guilty of a public offense,
punishable by imprisonment in a county jail not exceeding one year,
or by imprisonment in the state prison.
   (2) Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in this state, a
person summoned by any officer to assist in making arrests or
preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses a razor blade or a box cutter
upon the grounds of, or within, any public or private school
providing instruction in kindergarten or any of grades 1 to 12,
inclusive, is guilty of a public offense, punishable by imprisonment
in a county jail not exceeding one year.
   (b) Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in this state, a
person summoned by any officer to assist in making arrests or
preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick, or
knife having a fixed blade longer than 21/2 inches upon the grounds
of, or within, any private university, the University of California,
the California State University, or the California Community Colleges
is guilty of a public offense,
    punishable by imprisonment in a county jail not exceeding one
year, or by imprisonment in the state prison.
   (c) Subdivisions (a) and (b) do not apply to any person who brings
or possesses a knife having a blade longer than 21/2 inches, a razor
with an unguarded blade, a razor blade, or a box cutter upon the
grounds of, or within, a public or private school providing
instruction in kindergarten or any of grades 1 to 12, inclusive, or
any private university, state university, or community college at the
direction of a faculty member of the private university, state
university, or community college, or a certificated or classified
employee of the school for use in a private university, state
university, community college, or school-sponsored activity or class.

   (d) Subdivisions (a) and (b) do not apply to any person who brings
or possesses an ice pick, a knife having a blade longer than 21/2
inches, a razor with an unguarded blade, a razor blade, or a box
cutter upon the grounds of, or within, a public or private school
providing instruction in kindergarten or any of grades 1 to 12,
inclusive, or any private university, state university, or community
college for a lawful purpose within the scope of the person's
employment.
   (e) Subdivision (b) does not apply to any person who brings or
possesses an ice pick or a knife having a fixed blade longer than
21/2 inches upon the grounds of, or within, any private university,
state university, or community college for lawful use in or around a
residence or residential facility located upon those grounds or for
lawful use in food preparation or consumption.
   (f) Subdivision (a) does not apply to any person who brings an
instrument that expels a metallic projectile, such as a BB or a
pellet, through the force of air pressure, CO2 pressure, or spring
action, or any spot marker gun, or any razor blade or box cutter upon
the grounds of, or within, a public or private school providing
instruction in kindergarten or any of grades 1 to 12, inclusive, if
the person has the written permission of the school principal or his
or her designee.
   (g) Any certificated or classified employee or school peace
officer of a public or private school providing instruction in
kindergarten or any of grades 1 to 12, inclusive, may seize any of
the weapons described in subdivision (a), and any certificated or
classified employee or school peace officer of any private
university, state university, or community college may seize any of
the weapons described in subdivision (b), from the possession of any
person upon the grounds of, or within, the school if he or she knows,
or has reasonable cause to know, the person is prohibited from
bringing or possessing the weapon upon the grounds of, or within, the
school.
   (h) As used in this section, "dirk" or "dagger" means a knife or
other instrument with or without a handguard that is capable of ready
use as a stabbing weapon that may inflict great bodily injury or
death.
   (i) Any person who, without the written permission of the college
or university president or chancellor or his or her designee, brings
or possesses a less lethal weapon, as defined in Section 16780, or a
stun gun, as defined in Section 17230, upon the grounds of, or
within, a public or private college or university campus is guilty of
a misdemeanor.
  SEC. 16.  Section 629.52 of the Penal Code is amended to read:
   629.52.  Upon application made under Section 629.50, the judge may
enter an ex parte order, as requested or modified, authorizing
interception of wire or electronic communications initially
intercepted within the territorial jurisdiction of the court in which
the judge is sitting, if the judge determines, on the basis of the
facts submitted by the applicant, all of the following:
   (a) There is probable cause to believe that an individual is
committing, has committed, or is about to commit, one of the
following offenses:
   (1) Importation, possession for sale, transportation, manufacture,
or sale of controlled substances in violation of Section 11351,
11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6
of the Health and Safety Code with respect to a substance containing
heroin, cocaine, PCP, methamphetamine, or their precursors or analogs
where the substance exceeds 10 gallons by liquid volume or three
pounds of solid substance by weight.
   (2) Murder, solicitation to commit murder, a violation of Section
209, or the commission of a felony involving a destructive device in
violation of Section 18710, 18715, 18720, 18725, 18730, 18740, 18745,
18750, or 18755.
   (3) Any felony violation of Section 186.22.
   (4) Any felony violation of Section 11418, relating to weapons of
mass destruction, Section 11418.5, relating to threats to use weapons
of mass destruction, or Section 11419, relating to restricted
biological agents.
   (5) An attempt or conspiracy to commit any of the above-mentioned
crimes.
   (b) There is probable cause to believe that particular
communications concerning the illegal activities will be obtained
through that interception, including, but not limited to,
communications that may be utilized for locating or rescuing a kidnap
victim.
   (c) There is probable cause to believe that the facilities from
which, or the place where, the wire or electronic communications are
to be intercepted are being used, or are about to be used, in
connection with the commission of the offense, or are leased to,
listed in the name of, or commonly used by the person whose
communications are to be intercepted.
   (d) Normal investigative procedures have been tried and have
failed or reasonably appear either to be unlikely to succeed if tried
or to be too dangerous.
  SEC. 17.  Section 1203.4 of the Penal Code, as amended by Section
76 of Chapter 178 of the Statutes of 2010, is amended to read:
   1203.4.  (a) (1) In any case in which a defendant has fulfilled
the conditions of probation for the entire period of probation, or
has been discharged prior to the termination of the period of
probation, or in any other case in which a court, in its discretion
and the interests of justice, determines that a defendant should be
granted the relief available under this section, the defendant shall,
at any time after the termination of the period of probation, if he
or she is not then serving a sentence for any offense, on probation
for any offense, or charged with the commission of any offense, be
permitted by the court to withdraw his or her plea of guilty or plea
of nolo contendere and enter a plea of not guilty; or, if he or she
has been convicted after a plea of not guilty, the court shall set
aside the verdict of guilty; and, in either case, the court shall
thereupon dismiss the accusations or information against the
defendant and except as noted below, he or she shall thereafter be
released from all penalties and disabilities resulting from the
offense of which he or she has been convicted, except as provided in
Section 13555 of the Vehicle Code. The probationer shall be informed,
in his or her probation papers, of this right and privilege and his
or her right, if any, to petition for a certificate of rehabilitation
and pardon. The probationer may make the application and change of
plea in person or by attorney, or by the probation officer authorized
in writing. However, in any subsequent prosecution of the defendant
for any other offense, the prior conviction may be pleaded and proved
and shall have the same effect as if probation had not been granted
or the accusation or information dismissed. The order shall state,
and the probationer shall be informed, that the order does not
relieve him or her of the obligation to disclose the conviction in
response to any direct question contained in any questionnaire or
application for public office, for licensure by any state or local
agency, or for contracting with the California State Lottery
Commission.
   (2) Dismissal of an accusation or information pursuant to this
section does not permit a person to own, possess, or have in his or
her custody or control any firearm or prevent his or her conviction
under Chapter 2 (commencing with Section 29800) of Division 9 of
Title 4 of Part 6.
   (3) Dismissal of an accusation or information underlying a
conviction pursuant to this section does not permit a person
prohibited from holding public office as a result of that conviction
to hold public office.
   (4) This subdivision shall apply to all applications for relief
under this section which are filed on or after November 23, 1970.
   (b) Subdivision (a) of this section does not apply to any
misdemeanor that is within the provisions of Section 42002.1 of the
Vehicle Code, to any violation of subdivision (c) of Section 286,
Section 288, subdivision (c) of Section 288a, Section 288.5, or
subdivision (j) of Section 289, any felony conviction pursuant to
subdivision (d) of Section 261.5, or to any infraction.
   (c) (1) Except as provided in paragraph (2), subdivision (a) does
not apply to a person who receives a notice to appear or is otherwise
charged with a violation of an offense described in subdivisions (a)
to (e), inclusive, of Section 12810 of the Vehicle Code.
   (2) If a defendant who was convicted of a violation listed in
paragraph (1) petitions the court, the court in its discretion and in
the interests of justice, may order the relief provided pursuant to
subdivision (a) to that defendant.
   (d) A person who petitions for a change of plea or setting aside
of a verdict under this section may be required to reimburse the
court for the actual costs of services rendered, whether or not the
petition is granted and the records are sealed or expunged, at a rate
to be determined by the court not to exceed one hundred fifty
dollars ($150), and to reimburse the county for the actual costs of
services rendered, whether or not the petition is granted and the
records are sealed or expunged, at a rate to be determined by the
county board of supervisors not to exceed one hundred fifty dollars
($150), and to reimburse any city for the actual costs of services
rendered, whether or not the petition is granted and the records are
sealed or expunged, at a rate to be determined by the city council
not to exceed one hundred fifty dollars ($150). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in any case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the costs for services established
pursuant to this subdivision.
   (e) (1) Relief shall not be granted under this section unless the
prosecuting attorney has been given 15 days' notice of the petition
for relief. The probation officer shall notify the prosecuting
attorney when a petition is filed, pursuant to this section.
   (2) It shall be presumed that the prosecuting attorney has
received notice if proof of service is filed with the court.
   (f) If, after receiving notice pursuant to subdivision (e), the
prosecuting attorney fails to appear and object to a petition for
dismissal, the prosecuting attorney may not move to set aside or
otherwise appeal the grant of that petition.
   (g) Notwithstanding the above provisions or any other provision of
law, the Governor shall have the right to pardon a person convicted
of a violation of subdivision (c) of Section 286, Section 288,
subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of
Section 289, if there are extraordinary circumstances.
  SEC. 18.  Section 1203.4a of the Penal Code is amended to read:
   1203.4a.  (a) (1) Every defendant convicted of a misdemeanor and
not granted probation, and every defendant convicted of an
infraction, shall, at any time after the lapse of one year from the
date of pronouncement of judgment, if he or she has fully complied
with and performed the sentence of the court, is not then serving a
sentence for any offense and is not under charge of commission of any
crime and has, since the pronouncement of judgment, lived an honest
and upright life and has conformed to and obeyed the laws of the
land, be permitted by the court to withdraw his or her plea of guilty
or nolo contendere and enter a plea of not guilty; or if he or she
has been convicted after a plea of not guilty, the court shall set
aside the verdict of guilty; and in either case the court shall
thereupon dismiss the accusatory pleading against the defendant, who
shall thereafter be released from all penalties and disabilities
resulting from the offense of which he or she has been convicted,
except as provided in Chapter 3 (commencing with Section 29900) of
Division 9 of Title 4 of Part 6 of this code or Section 13555 of the
Vehicle Code. The defendant shall be informed of the provisions of
this section, either orally or in writing, at the time he or she is
sentenced. The defendant may make an application and change of plea
in person or by attorney, or by the probation officer authorized in
writing; provided, that in any subsequent prosecution of the
defendant for any other offense, the prior conviction may be pleaded
and proved and shall have the same effect as if relief had not been
granted pursuant to this section.
   (2) This subdivision applies to convictions which occurred before,
as well as those occurring after, the effective date of this
section.
   (b) Subdivision (a) does not apply to any misdemeanor falling
within the provisions of Section 42002.1 of the Vehicle Code, or to
any infraction falling within the provisions of Section 42001 of the
Vehicle Code.
   (c) A person who petitions for a dismissal of a charge under this
section may be required to reimburse the county and the court for the
cost of services rendered at a rate to be determined by the county
board of supervisors for the county and by the court for the court,
not to exceed sixty dollars ($60), and to reimburse any city for the
cost of services rendered at a rate to be determined by the city
council not to exceed sixty dollars ($60). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in any case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the cost for services established
pursuant to this subdivision.
   (d) A petition for dismissal of an infraction pursuant to this
section shall be by written declaration, except upon a showing of
compelling need. Dismissal of an infraction shall not be granted
under this section unless the prosecuting attorney has been given at
least 15 days' notice of the petition for dismissal. It shall be
presumed that the prosecuting attorney has received notice if proof
of service is filed with the court.
   (e) Any determination of amount made by a court under this section
shall be valid only if either (1) made under procedures adopted by
the Judicial Council or (2) approved by the Judicial Council.
   SEC. 18.5.    Section 1203.4a of the   Penal
Code   is amended to read: 
   1203.4a.  (a)  (1)    Every defendant convicted
of a misdemeanor and not granted probation, and every defendant
convicted of an infraction, shall, at any time after the lapse of one
year from the date of pronouncement of judgment, if he or she has
fully complied with and performed the sentence of the court, is not
then serving a sentence for any offense and is not under charge of
commission of any crime and has, since the pronouncement of judgment,
lived an honest and upright life and has conformed to and obeyed the
laws of the land, be permitted by the court to withdraw his or her
plea of guilty or nolo contendere and enter a plea of not guilty; or
if he or she has been convicted after a plea of not guilty, the court
shall set aside the verdict of guilty; and in either case the court
shall thereupon dismiss the accusatory pleading against the
defendant, who shall thereafter be released from all penalties and
disabilities resulting from the offense of which he or she has been
convicted, except as provided in  Section 12021.1 
 Chapter 3 (commencing with Section 29900) of Division 9 of Title
4 of Part 6  of this code or Section 13555 of the Vehicle Code.
The defendant shall be informed of the provisions of this section,
either orally or in writing, at the time he or she is sentenced. The
defendant may make an application and change of plea in person or by
attorney, or by the probation officer authorized in writing;
provided, that in any subsequent prosecution of the defendant for any
other offense, the prior conviction may be pleaded and proved and
shall have the same effect as if relief had not been granted pursuant
to this section.
    (2)    This subdivision applies to convictions
which occurred before, as well as those occurring after, the
effective date of this section.
   (b) Subdivision (a) does not apply to any misdemeanor falling
within the provisions of Section 42002.1 of the Vehicle Code,
 or  to any infraction falling within the provisions
of  Section 42001 of  the Vehicle Code  , or to
any local ordinance adopted pursuant to the Vehicle Code  .
   (c) A person who petitions for a dismissal of a charge under this
section may be required to reimburse the county and the court for the
cost of services rendered at a rate to be determined by the county
board of supervisors for the county and by the court for the court,
not to exceed sixty dollars ($60), and to reimburse any city for the
cost of services rendered at a rate to be determined by the city
council not to exceed sixty dollars ($60). Ability to make this
reimbursement shall be determined by the court using the standards
set forth in paragraph (2) of subdivision (g) of Section 987.8 and
shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in any case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the cost for services established
pursuant to this subdivision.
   (d) A petition for dismissal of an infraction pursuant to this
section shall be by written declaration, except upon a showing of
compelling need. Dismissal of an infraction shall not be granted
under this section unless the prosecuting attorney has been given at
least 15 days' notice of the petition for dismissal. It shall be
presumed that the prosecuting attorney has received notice if proof
of service is filed with the court.
   (e) Any determination of amount made by a court under this section
shall be valid only if either (1) made under procedures adopted by
the Judicial Council or (2) approved by the Judicial Council.
  SEC. 19.  Section 2933.5 of the Penal Code, as amended by Section
81 of Chapter 178 of the Statutes of 2010, is amended to read:
   2933.5.  (a) (1) Notwithstanding any other law, every person who
is convicted of any felony offense listed in paragraph (2), and who
previously has been convicted two or more times, on charges
separately brought and tried, and who previously has served two or
more separate prior prison terms, as defined in subdivision (g) of
Section 667.5, of any offense or offenses listed in paragraph (2),
shall be ineligible to earn credit on his or her term of imprisonment
pursuant to this article.
   (2) As used in this subdivision, "felony offense" includes any of
the following:
   (A) Murder, as defined in Sections 187 and 189.
   (B) Voluntary manslaughter, as defined in subdivision (a) of
Section 192.
   (C) Mayhem as defined in Section 203.
   (D) Aggravated mayhem, as defined in Section 205.
   (E) Kidnapping, as defined in Section 207, 209, or 209.5.
   (F) Assault with vitriol, corrosive acid, or caustic chemical of
any nature, as described in Section 244.
   (G) Rape, as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
   (H) Sodomy by means of force, violence, duress, menace or fear of
immediate and unlawful bodily injury on the victim or another person,
as described in subdivision (c) of Section 286.
   (I) Sodomy while voluntarily acting in concert, as described in
subdivision (d) of Section 286.
   (J) Lewd or lascivious acts on a child under the age of 14 years,
as described in subdivision (b) of Section 288.
   (K) Oral copulation by means of force, violence, duress, menace,
or fear of immediate and unlawful bodily injury on the victim or
another person, as described in subdivision (c) of Section 288a.
   (L) Continuous sexual abuse of a child, as described in Section
288.5.
   (M) Sexual penetration, as described in subdivision (a) of Section
289.
   (N) Exploding a destructive device or explosive with intent to
injure, as described in Section 18740, with intent to murder, as
described in Section 18745, or resulting in great bodily injury or
mayhem, as described in Section 18750.
   (O) Any felony in which the defendant personally inflicted great
bodily injury, as provided in Section 12022.53 or 12022.7.
   (b) A prior conviction of an offense listed in subdivision (a)
shall include a conviction in another jurisdiction for an offense
which includes all of the elements of the particular felony as
defined under California law.
   (c) This section shall apply whenever the present felony is
committed on or after the effective date of this section, regardless
of the date of commission of the prior offense or offenses resulting
in credit-earning ineligibility.
   (d) This section shall be in addition to, and shall not preclude
the imposition of, any applicable sentence enhancement terms, or
probation ineligibility and habitual offender provisions authorized
under any other section.
  SEC. 20.  Section 2962 of the Penal Code is amended to read:
   2962.  As a condition of parole, a prisoner who meets the
following criteria shall be required to be treated by the State
Department of Mental Health, and the State Department of Mental
Health shall provide the necessary treatment:
   (a) (1) The prisoner has a severe mental disorder that is not in
remission or cannot be kept in remission without treatment.
   (2) The term "severe mental disorder" means an illness or disease
or condition that substantially impairs the person's thought,
perception of reality, emotional process, or judgment; or which
grossly impairs behavior; or that demonstrates evidence of an acute
brain syndrome for which prompt remission, in the absence of
treatment, is unlikely. The term "severe mental disorder" as used in
this section does not include a personality or adjustment disorder,
epilepsy, mental retardation or other developmental disabilities, or
addiction to or abuse of intoxicating substances.
   (3) The term "remission" means a finding that the overt signs and
symptoms of the severe mental disorder are controlled either by
psychotropic medication or psychosocial support. A person "cannot be
kept in remission without treatment" if during the year prior to the
question being before the Board of Prison Terms or a trial court, he
or she has been in remission and he or she has been physically
violent, except in self-defense, or he or she has made a serious
threat of substantial physical harm upon the person of another so as
to cause the target of the threat to reasonably fear for his or her
safety or the safety of his or her immediate family, or he or she has
intentionally caused property damage, or he or she has not
voluntarily followed the treatment plan. In determining if a person
has voluntarily followed the treatment plan, the standard shall be
whether the person has acted as a reasonable person would in
following the treatment plan.
   (b) The severe mental disorder was one of the causes of or was an
aggravating factor in the commission of a crime for which the
prisoner was sentenced to prison.
   (c) The prisoner has been in treatment for the severe mental
disorder for 90 days or more within the year prior to the prisoner's
parole or release.
   (d) (1) Prior to release on parole, the person in charge of
treating the prisoner and a practicing psychiatrist or psychologist
from the State Department of Mental Health have evaluated the
prisoner at a facility of the Department of Corrections and
Rehabilitation, and a chief psychiatrist of the Department of
Corrections and Rehabilitation has certified to the Board of Parole
Hearings that the prisoner has a severe mental disorder, that the
disorder is not in remission, or cannot be kept in remission without
treatment, that the severe mental disorder was one of the causes or
was an aggravating factor in the prisoner's criminal behavior, that
the prisoner has been in treatment for the severe mental disorder for
90 days or more within the year prior to his or her parole release
day, and that by reason of his or her severe mental disorder the
prisoner represents a substantial danger of physical harm to others.
For prisoners being treated by the State Department of Mental Health
pursuant to Section 2684, the certification shall be by a chief
psychiatrist of the Department of Corrections and Rehabilitation, and
the evaluation shall be done at a state hospital by the person at
the state hospital in charge of treating the prisoner and a
practicing psychiatrist or psychologist from the Department of
Corrections and Rehabilitation.
   (2) If the professionals doing the evaluation pursuant to
paragraph (1) do not concur that (A) the prisoner has a severe mental
disorder, (B) that the disorder is not in remission or cannot be
kept in remission without treatment, or (C) that the severe mental
disorder was a cause of, or aggravated, the prisoner's criminal
behavior, and a chief psychiatrist has certified the prisoner to the
Board of Parole Hearings pursuant to this paragraph, then the Board
of Parole Hearings shall order a further examination by two
independent professionals, as provided for in Section 2978.
   (3) If at least one of the independent professionals who evaluate
the prisoner pursuant to paragraph (2) concurs with the chief
psychiatrist's certification of the issues described in paragraph
(2), this subdivision shall be applicable to the prisoner. The
professionals appointed pursuant to Section 2978 shall inform the
prisoner that the purpose of their examination is not treatment but
to determine if the prisoner meets certain criteria to be
involuntarily treated as a mentally disordered offender. It is not
required that the prisoner appreciate or understand that information.

                                                                 (e)
The crime referred to in subdivision (b) meets both of the following
criteria:
   (1) The defendant received a determinate sentence pursuant to
Section 1170 for the crime.
   (2) The crime is one of the following:
   (A) Voluntary manslaughter.
   (B) Mayhem.
   (C) Kidnapping in violation of Section 207.
   (D) Any robbery wherein it was charged and proved that the
defendant personally used a deadly or dangerous weapon, as provided
in subdivision (b) of Section 12022, in the commission of that
robbery.
   (E) Carjacking, as defined in subdivision (a) of Section 215, if
it is charged and proved that the defendant personally used a deadly
or dangerous weapon, as provided in subdivision (b) of Section 12022,
in the commission of the carjacking.
   (F) Rape, as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
   (G) Sodomy by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person.

   (H) Oral copulation by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another
person.
   (I) Lewd acts on a child under the age of 14 years in violation of
Section 288.
   (J) Continuous sexual abuse in violation of Section 288.5.
   (K) The offense described in subdivision (a) of Section 289 where
the act was accomplished against the victim's will by force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person.
   (L) Arson in violation of subdivision (a) of Section 451, or arson
in violation of any other provision of Section 451 or in violation
of Section 455 where the act posed a substantial danger of physical
harm to others.
   (M) Any felony in which the defendant used a firearm which use was
charged and proved as provided in Section 12022.5, 12022.53, or
12022.55.
   (N) A violation of Section 18745.
   (O) Attempted murder.
   (P) A crime not enumerated in subparagraphs (A) to (O), inclusive,
in which the prisoner used force or violence, or caused serious
bodily injury as defined in paragraph (4) of subdivision (f) of
Section 243.
   (Q) A crime in which the perpetrator expressly or impliedly
threatened another with the use of force or violence likely to
produce substantial physical harm in such a manner that a reasonable
person would believe and expect that the force or violence would be
used. For purposes of this subparagraph, substantial physical harm
shall not require proof that the threatened act was likely to cause
great or serious bodily injury.
   (f) As used in this chapter, "substantial danger of physical harm"
does not require proof of a recent overt act.
  SEC. 21.  Section 11105 of the Penal Code is amended to read:
   11105.  (a) (1) The Department of Justice shall maintain state
summary criminal history information.
   (2) As used in this section:
   (A) "State summary criminal history information" means the master
record of information compiled by the Attorney General pertaining to
the identification and criminal history of any person, such as name,
date of birth, physical description, fingerprints, photographs, date
of arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person.
   (B) "State summary criminal history information" does not refer to
records and data compiled by criminal justice agencies other than
the Attorney General, nor does it refer to records of complaints to
or investigations conducted by, or records of intelligence
information or security procedures of, the office of the Attorney
General and the Department of Justice.
   (b) The Attorney General shall furnish state summary criminal
history information to any of the following, if needed in the course
of their duties, provided that when information is furnished to
assist an agency, officer, or official of state or local government,
a public utility, or any other entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and Section 432.7 of the Labor Code shall apply:
   (1) The courts of the state.
   (2) Peace officers of the state, as defined in Section 830.1,
subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
830.3, subdivisions (a) and (b) of Section 830.5, and subdivision
(a) of Section 830.31.
   (3) District attorneys of the state.
   (4) Prosecuting city attorneys of any city within the state.
   (5) City attorneys pursuing civil gang injunctions pursuant to
Section 186.22a, or drug abatement actions pursuant to Section 3479
or 3480 of the Civil Code, or Section 11571 of the Health and Safety
Code.
   (6) Probation officers of the state.
   (7) Parole officers of the state.
   (8) A public defender or attorney of record when representing a
person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
   (9) A public defender or attorney of record when representing a
person in a criminal case, or parole revocation or revocation
extension proceeding, and if authorized access by statutory or
decisional law.
   (10) Any agency, officer, or official of the state if the criminal
history information is required to implement a statute or regulation
that expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information,
and contains requirements or exclusions, or both, expressly based
upon that specified criminal conduct. The agency, officer, or
official of the state authorized by this paragraph to receive state
summary criminal history information may also transmit fingerprint
images and related information to the Department of Justice to be
transmitted to the Federal Bureau of Investigation.
   (11) Any city or county, city and county, district, or any officer
or official thereof if access is needed in order to assist that
agency, officer, or official in fulfilling employment, certification,
or licensing duties, and if the access is specifically authorized by
the city council, board of supervisors, or governing board of the
city, county, or district if the criminal history information is
required to implement a statute, ordinance, or regulation that
expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information, and
contains requirements or exclusions, or both, expressly based upon
that specified criminal conduct. The city or county, city and county,
district, or the officer or official thereof authorized by this
paragraph may also transmit fingerprint images and related
information to the Department of Justice to be transmitted to the
Federal Bureau of Investigation.
   (12) The subject of the state summary criminal history information
under procedures established under Article 5 (commencing with
Section 11120).
   (13) Any person or entity when access is expressly authorized by
statute if the criminal history information is required to implement
a statute or regulation that expressly refers to specific criminal
conduct applicable to the subject person of the state summary
criminal history information, and contains requirements or
exclusions, or both, expressly based upon that specified criminal
conduct.
   (14) Health officers of a city, county, city and county, or
district when in the performance of their official duties enforcing
Section 120175 of the Health and Safety Code.
   (15) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
   (16) Any humane society, or society for the prevention of cruelty
to animals, for the specific purpose of complying with Section 14502
of the Corporations Code for the appointment of humane officers.
   (17) Local child support agencies established by Section 17304 of
the Family Code. When a local child support agency closes a support
enforcement case containing summary criminal history information, the
agency shall delete or purge from the file and destroy any documents
or information concerning or arising from offenses for or of which
the parent has been arrested, charged, or convicted, other than for
offenses related to the parent's having failed to provide support for
minor children, consistent with the requirements of Section 17531 of
the Family Code.
   (18) County child welfare agency personnel who have been delegated
the authority of county probation officers to access state summary
criminal history information pursuant to Section 272 of the Welfare
and Institutions Code for the purposes specified in Section 16504.5
of the Welfare and Institutions Code. Information from criminal
history records provided pursuant to this subdivision shall not be
used for any purposes other than those specified in this section and
Section 16504.5 of the Welfare and Institutions Code. When an agency
obtains records obtained both on the basis of name checks and
fingerprint checks, final placement decisions shall be based only on
the records obtained pursuant to the fingerprint check.
   (19) The court of a tribe, or court of a consortium of tribes,
that has entered into an agreement with the state pursuant to Section
10553.1 of the Welfare and Institutions Code. This information may
be used only for the purposes specified in Section 16504.5 of the
Welfare and Institutions Code and for tribal approval or tribal
licensing of foster care or adoptive homes. Article 6 (commencing
with Section 11140) shall apply to officers, members, and employees
of a tribal court receiving criminal record offender information
pursuant to this section.
   (20) Child welfare agency personnel of a tribe or consortium of
tribes that has entered into an agreement with the state pursuant to
Section 10553.1 of the Welfare and Institutions Code and to whom the
state has delegated duties under paragraph (2) of subdivision (a) of
Section 272 of the Welfare and Institutions Code. The purposes for
use of the information shall be for the purposes specified in Section
16504.5 of the Welfare and Institutions Code and for tribal approval
or tribal licensing of foster care or adoptive homes. When an agency
obtains records on the basis of name checks and fingerprint checks,
final placement decisions shall be based only on the records obtained
pursuant to the fingerprint check. Article 6 (commencing with
Section 11140) shall apply to child welfare agency personnel
receiving criminal record offender information pursuant to this
section.
   (21) An officer providing conservatorship investigations pursuant
to Sections 5351, 5354, and 5356 of the Welfare and Institutions
Code.
   (22) A court investigator providing investigations or reviews in
conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of
the Probate Code.
   (23) A person authorized to conduct a guardianship investigation
pursuant to Section 1513 of the Probate Code.
   (24) A humane officer pursuant to Section 14502 of the
Corporations Code for the purposes of performing his or her duties.
   (c) The Attorney General may furnish state summary criminal
history information and, when specifically authorized by this
subdivision, federal level criminal history information upon a
showing of a compelling need to any of the following, provided that
when information is furnished to assist an agency, officer, or
official of state or local government, a public utility, or any other
entity in fulfilling employment, certification, or licensing duties,
Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor
Code shall apply:
   (1) Any public utility, as defined in Section 216 of the Public
Utilities Code, that operates a nuclear energy facility when access
is needed in order to assist in employing persons to work at the
facility, provided that, if the Attorney General supplies the data,
he or she shall furnish a copy of the data to the person to whom the
data relates.
   (2) To a peace officer of the state other than those included in
subdivision (b).
   (3) To an illegal dumping enforcement officer as defined in
subdivision (j) of Section 830.7.
   (4) To a peace officer of another country.
   (5) To public officers, other than peace officers, of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to state summary
criminal history information is expressly authorized by a statute of
the United States, other states, or possessions or territories of the
United States if the information is needed for the performance of
their official duties.
   (6) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the state
summary criminal history information and for purposes of furthering
the rehabilitation of the subject.
   (7) The courts of the United States, other states, or territories
or possessions of the United States.
   (8) Peace officers of the United States, other states, or
territories or possessions of the United States.
   (9) To any individual who is the subject of the record requested
if needed in conjunction with an application to enter the United
States or any foreign nation.
   (10) (A) (i) Any public utility, as defined in Section 216 of the
Public Utilities Code, or any cable corporation as defined in
subparagraph (B), if receipt of criminal history information is
needed in order to assist in employing current or prospective
employees, contract employees, or subcontract employees who, in the
course of their employment may be seeking entrance to private
residences or adjacent grounds. The information provided shall be
limited to the record of convictions and any arrest for which the
person is released on bail or on his or her own recognizance pending
trial.
   (ii) If the Attorney General supplies the data pursuant to this
paragraph, the Attorney General shall furnish a copy of the data to
the current or prospective employee to whom the data relates.
    (iii) Any information obtained from the state summary criminal
history is confidential and the receiving public utility or cable
corporation shall not disclose its contents, other than for the
purpose for which it was acquired. The state summary criminal history
information in the possession of the public utility or cable
corporation and all copies made from it shall be destroyed not more
than 30 days after employment or promotion or transfer is denied or
granted, except for those cases where a current or prospective
employee is out on bail or on his or her own recognizance pending
trial, in which case the state summary criminal history information
and all copies shall be destroyed not more than 30 days after the
case is resolved.
   (iv) A violation of this paragraph is a misdemeanor, and shall
give the current or prospective employee who is injured by the
violation a cause of action against the public utility or cable
corporation to recover damages proximately caused by the violations.
Any public utility's or cable corporation's request for state summary
criminal history information for purposes of employing current or
prospective employees who may be seeking entrance to private
residences or adjacent grounds in the course of their employment
shall be deemed a "compelling need" as required to be shown in this
subdivision.
   (v) Nothing in this section shall be construed as imposing any
duty upon public utilities or cable corporations to request state
summary criminal history information on any current or prospective
employees.
   (B) For purposes of this paragraph, "cable corporation" means any
corporation or firm that transmits or provides television, computer,
or telephone services by cable, digital, fiber optic, satellite, or
comparable technology to subscribers for a fee.
   (C) Requests for federal level criminal history information
received by the Department of Justice from entities authorized
pursuant to subparagraph (A) shall be forwarded to the Federal Bureau
of Investigation by the Department of Justice. Federal level
criminal history information received or compiled by the Department
of Justice may then be disseminated to the entities referenced in
subparagraph (A), as authorized by law.
   (D) (i) Authority for a cable corporation to request state or
federal level criminal history information under this paragraph shall
commence July 1, 2005.
   (ii) Authority for a public utility to request federal level
criminal history information under this paragraph shall commence July
1, 2005.
   (11) To any campus of the California State University or the
University of California, or any four year college or university
accredited by a regional accreditation organization approved by the
United States Department of Education, if needed in conjunction with
an application for admission by a convicted felon to any special
education program for convicted felons, including, but not limited
to, university alternatives and halfway houses. Only conviction
information shall be furnished. The college or university may require
the convicted felon to be fingerprinted, and any inquiry to the
department under this section shall include the convicted felon's
fingerprints and any other information specified by the department.
   (12) To any foreign government, if requested by the individual who
is the subject of the record requested, if needed in conjunction
with the individual's application to adopt a minor child who is a
citizen of that foreign nation. Requests for information pursuant to
this paragraph shall be in accordance with the process described in
Sections 11122 to 11124, inclusive. The response shall be provided to
the foreign government or its designee and to the individual who
requested the information.
   (d) Whenever an authorized request for state summary criminal
history information pertains to a person whose fingerprints are on
file with the Department of Justice and the department has no
criminal history of that person, and the information is to be used
for employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be
stamped "no criminal record" and returned to the person or entity
making the request.
   (e) Whenever state summary criminal history information is
furnished as the result of an application and is to be used for
employment, licensing, or certification purposes, the Department of
Justice may charge the person or entity making the request a fee that
it determines to be sufficient to reimburse the department for the
cost of furnishing the information. In addition, the Department of
Justice may add a surcharge to the fee to fund maintenance and
improvements to the systems from which the information is obtained.
Notwithstanding any other law, any person or entity required to pay a
fee to the department for information received under this section
may charge the applicant a fee sufficient to reimburse the person or
entity for this expense. All moneys received by the department
pursuant to this section, Sections 11105.3 and 26190 of the Penal
Code, and Section 13588 of the Education Code shall be deposited in a
special account in the General Fund to be available for expenditure
by the department to offset costs incurred pursuant to those sections
and for maintenance and improvements to the systems from which the
information is obtained upon appropriation by the Legislature.
   (f) Whenever there is a conflict, the processing of criminal
fingerprints and fingerprints of applicants for security guard or
alarm agent registrations or firearms qualification permits submitted
pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the
Business and Professions Code shall take priority over the processing
of other applicant fingerprints.
   (g) It is not a violation of this section to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
   (h) It is not a violation of this section to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record if the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
   (i) Notwithstanding any other law, the Department of Justice or
any state or local law enforcement agency may require the submission
of fingerprints for the purpose of conducting summary criminal
history information checks that are authorized by law.
   (j) The state summary criminal history information shall include
any finding of mental incompetence pursuant to Chapter 6 (commencing
with Section 1367) of Title 10 of Part 2 arising out of a complaint
charging a felony offense specified in Section 290.
   (k) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by an authorized agency or
organization and the information is to be used for peace officer
employment or certification purposes. As used in this subdivision, a
peace officer is defined in Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2.
   (2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
   (A) Every conviction rendered against the applicant.
   (B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
   (C) Every arrest or detention, except for an arrest or detention
resulting in an exoneration, provided however that where the records
of the Department of Justice do not contain a disposition for the
arrest, the Department of Justice first makes a genuine effort to
determine the disposition of the arrest.
   (D) Every successful diversion.
   (E) Every date and agency name associated with all retained peace
officer or nonsworn law enforcement agency employee preemployment
criminal offender record information search requests.
   (l) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by a criminal justice
agency or organization as defined in Section 13101 of the Penal Code,
and the information is to be used for criminal justice employment,
licensing, or certification purposes.
   (2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
   (A) Every conviction rendered against the applicant.
   (B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
   (C) Every arrest for an offense for which the records of the
Department of Justice do not contain a disposition or did not result
in a conviction, provided that the Department of Justice first makes
a genuine effort to determine the disposition of the arrest. However,
information concerning an arrest shall not be disclosed if the
records of the Department of Justice indicate or if the genuine
effort reveals that the subject was exonerated, successfully
completed a diversion or deferred entry of judgment program, or the
arrest was deemed a detention.
   (D) Every date and agency name associated with all retained peace
officer or nonsworn law enforcement agency employee preemployment
criminal offender record information search requests.
   (m) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by an authorized agency or
organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871
of the Health and Safety Code, or any statute that incorporates the
criteria of any of those sections or this subdivision by reference,
and the information is to be used for employment, licensing, or
certification purposes.
   (2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
   (A) Every conviction of an offense rendered against the applicant.

   (B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
   (C) Every arrest for an offense for which the Department of Social
Services is required by paragraph (1) of subdivision (a) of Section
1522 of the Health and Safety Code to determine if an applicant has
been arrested. However, if the records of the Department of Justice
do not contain a disposition for an arrest, the Department of Justice
shall first make a genuine effort to determine the disposition of
the arrest.
   (3) Notwithstanding the requirements of the sections referenced in
paragraph (1) of this subdivision, the Department of Justice shall
not disseminate information about an arrest subsequently deemed a
detention or an arrest that resulted in either the successful
completion of a diversion program or exoneration.
   (n) (1) This subdivision shall apply whenever state or federal
summary criminal history information, to be used for employment,
licensing, or certification purposes, is furnished by the Department
of Justice as the result of an application by an authorized agency,
organization, or individual pursuant to any of the following:
   (A) Paragraph (9) of subdivision (c), when the information is to
be used by a cable corporation.
   (B) Section 11105.3 or 11105.4.
   (C) Section 15660 of the Welfare and Institutions Code.
   (D) Any statute that incorporates the criteria of any of the
statutory provisions listed in subparagraph (A), (B), or (C), or of
this subdivision, by reference.
   (2) With the exception of applications submitted by transportation
companies authorized pursuant to Section 11105.3, and
notwithstanding any other provision of law, whenever state summary
criminal history information is furnished pursuant to paragraph (1),
the Department of Justice shall disseminate the following
information:
   (A) Every conviction rendered against the applicant for a
violation or attempted violation of any offense specified in
subdivision (a) of Section 15660 of the Welfare and Institutions
Code. However, with the exception
      of those offenses for which registration is required pursuant
to Section 290, the Department of Justice shall not disseminate
information pursuant to this subdivision unless the conviction
occurred within 10 years of the date of the agency's request for
information or the conviction is over 10 years old but the subject of
the request was incarcerated within 10 years of the agency's request
for information.
   (B) Every arrest for a violation or attempted violation of an
offense specified in subdivision (a) of Section 15660 of the Welfare
and Institutions Code for which the applicant is presently awaiting
trial, whether the applicant is incarcerated or has been released on
bail or on his or her own recognizance pending trial.
   (o) (1) This subdivision shall apply whenever state or federal
summary criminal history information is furnished by the Department
of Justice as the result of an application by an authorized agency or
organization pursuant to Section 261 or 550 of the Financial Code,
or any statute that incorporates the criteria of either of those
sections or this subdivision by reference, and the information is to
be used for employment, licensing, or certification purposes.
   (2) Notwithstanding any other provision of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
   (A) Every conviction rendered against the applicant for a
violation or attempted violation of any offense specified in Section
550 of the Financial Code.
   (B) Every arrest for a violation or attempted violation of an
offense specified in Section 550 of the Financial Code for which the
applicant is presently awaiting trial, whether the applicant is
incarcerated or has been released on bail or on his or her own
recognizance pending trial.
   (p) (1) This subdivision shall apply whenever state or federal
criminal history information is furnished by the Department of
Justice as the result of an application by an agency, organization,
or individual not defined in subdivision (k), (l), (m), (n), or (o),
or by a transportation company authorized pursuant to Section
11105.3, or any statute that incorporates the criteria of that
section or this subdivision by reference, and the information is to
be used for employment, licensing, or certification purposes.
   (2) Notwithstanding any other provisions of law, whenever state
summary criminal history information is furnished pursuant to
paragraph (1), the Department of Justice shall disseminate the
following information:
   (A) Every conviction rendered against the applicant.
   (B) Every arrest for an offense for which the applicant is
presently awaiting trial, whether the applicant is incarcerated or
has been released on bail or on his or her own recognizance pending
trial.
   (q) All agencies, organizations, or individuals defined in
subdivisions (k), (l), (m), (n), (o), and (p) may contract with the
Department of Justice for subsequent arrest notification pursuant to
Section 11105.2. This subdivision shall not supersede sections that
mandate an agency, organization, or individual to contract with the
Department of Justice for subsequent arrest notification pursuant to
Section 11105.2.
   (r) Nothing in this section shall be construed to mean that the
Department of Justice shall cease compliance with any other statutory
notification requirements.
   (s) The provisions of Section 50.12 of Title 28 of the Code of
Federal Regulations are to be followed in processing federal criminal
history information.
  SEC. 22.  Section 11105.03 of the Penal Code, as amended by Section
88 of Chapter 178 of the Statutes of 2010, is amended to read:
   11105.03.  (a) Subject to the requirements and conditions set
forth in this section and Section 11105, local law enforcement
agencies are hereby authorized to provide state criminal summary
history information obtained through CLETS for the purpose of
screening prospective participants and prospective and current staff
of a regional, county, city, or other local public housing authority,
at the request of the chief executive officer of the authority or
his or her designee, upon a showing by that authority that the
authority manages a Section 8 housing program pursuant to federal law
(U.S. Housing Act of 1937), or operates housing at which children
under the age of 18 years reside or operates housing for persons
categorized as aged, blind, or disabled.
   (b) The following requirements shall apply to information released
by local law enforcement agencies pursuant to subdivision (a):
   (1) Local law enforcement agencies shall not release any
information unless it relates to a conviction for a serious felony,
as defined in subdivision (c) of Section 1192.7, a conviction for any
offense punishable under Section 273.5, 422.6, 422.7, 422.75, 422.9,
or 1170.75, or under Chapter 2 (commencing with Section 29800) or
Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of
Part 6, or under any provision listed in Section 16590, a conviction
under Section 273.6 that involves a violation of a protective order,
as defined in Section 6218 of the Family Code, or a conviction for
any felony offense that involves controlled substances or alcoholic
beverages, or any felony offense that involves any activity related
to controlled substances or alcoholic beverages, or a conviction for
any offense that involves domestic violence, as defined in Section
13700.
   (2) Local law enforcement agencies shall not release any
information concerning any arrest for an offense that did not result
in a conviction.
   (3) Local law enforcement agencies shall not release any
information concerning any offense committed by a person who was
under 18 years of age at the time he or she committed the offense.
   (4) Local law enforcement agencies shall release any information
concerning any conviction or release from custody that occurred
within 10 years of the date on which the request for information is
submitted to the Attorney General, unless the conviction was based
upon a felony offense that involved controlled substances or
alcoholic beverages or a felony offense that involved any activity
related to controlled substances or alcoholic beverages. Where a
conviction was based on any of these felony offenses, local law
enforcement agencies shall release any information concerning this
conviction if the conviction occurred within five years of the date
on which a request for the information was submitted.
   (5) Notwithstanding paragraph (4), if information that meets the
requirements of paragraphs (2) to (4), inclusive, is located and the
information reveals a conviction of an offense specified in paragraph
(1), local law enforcement agencies shall release all summary
criminal history information concerning the person whether or not the
information meets the requirements of paragraph (4), provided,
however, that the information meets the requirements of paragraphs
(1) to (3), inclusive.
   (6) Information released to the local public housing authority
pursuant to this section shall also be released to parole or
probation officers at the same time.
   (c) State summary criminal history information shall be used by
the chief executive officer of the housing authority or a designee
only for purposes of identifying prospective participants in
subsidized programs and prospective and current staff who have access
to residences, whose criminal history is likely to pose a risk to
children under the age of 18 years or persons categorized as aged,
blind, or disabled living in the housing operated by the authority.
   (d) If a housing authority obtains summary criminal history
information for the purpose of screening a prospective participant
pursuant to this section, it shall review and evaluate that
information in the context of other available information and shall
not evaluate the person's suitability as a prospective participant
based solely on his or her past criminal history.
   (e) If a housing authority determines that a prospective
participant is not eligible as a resident, it shall promptly notify
him or her of the basis for its determination and, upon request,
shall provide him or her within a reasonable time after the
determination is made with an opportunity for an informal hearing on
the determination in accordance with Section 960.207 of Title 24 of
the Code of Federal Regulations.
   (f) Any information obtained from state summary criminal history
information pursuant to this section is confidential and the
recipient public housing authority shall not disclose or use the
information for any purpose other than that authorized by this
section. The state summary criminal history information in the
possession of the authority and all copies made from it shall be
destroyed not more than 30 days after the authority's final decision
whether to act on the housing status of the individual to whom the
information relates.
   (g) The local public housing authority receiving state summary
criminal history information pursuant to this section shall adopt
regulations governing the receipt, maintenance, and use of the
information. The regulations shall include provisions that require
notice that the authority has access to criminal records of
participants and employees who have access to programs.
   (h) Use of this information is to be consistent with Title 24 of
the Code of Federal Regulations and the current regulations adopted
by the housing authority using the information.
   (i) Nothing in this section shall be construed to require a
housing authority to request and review an applicant's criminal
history.
   (j) The California Housing Authorities Association, after
compiling data from all public housing authorities that receive
summary criminal information pursuant to this chapter, shall report
its findings based upon this data to the Legislature prior to January
1, 2000.
  SEC. 23.  Section 11106 of the Penal Code, as amended by Section 89
of Chapter 178 of the Statutes of 2010, is amended to read:
   11106.  (a) (1) In order to assist in the investigation of crime,
the prosecution of civil actions by city attorneys pursuant to
paragraph (3) of subdivision (c), the arrest and prosecution of
criminals, and the recovery of lost, stolen, or found property, the
Attorney General shall keep and properly file a complete record of
all of the following:
   (A) All copies of fingerprints.
   (B) Copies of licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215.
   (C) Information reported to the Department of Justice pursuant to
Section 26225.
   (D) Dealers' records of sales of firearms.
   (E) Reports provided pursuant to Article 1 (commencing with
Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
pursuant to any provision listed in subdivision (a) of Section 16585.

   (F) Forms provided pursuant to Section 12084, as that section read
prior to being repealed on January 1, 2006.
   (G) Reports provided pursuant to Article 1 (commencing with
Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2 of Division 6 of Title 4 of Part 6 that are not dealers'
records of sales of firearms.
   (H) Reports of stolen, lost, found, pledged, or pawned property in
any city or county in this state.
   (2) The Attorney General shall, upon proper application therefor,
furnish the information kept pursuant to subdivision (a) to the
officers referred to in Section 11105.
   (b) (1) Except as provided in subdivision (d), the Attorney
General shall not retain or compile any information from any of the
following:
   (A) Reports filed pursuant to any provision listed in subdivision
(c) of Section 16585 for firearms that are not handguns.
   (B) Forms submitted pursuant to Section 12084, as that section
read prior to being repealed on January 1, 2006, for firearms that
are not handguns.
   (C) Dealers' records of sales for firearms that are not handguns.
    (2) All copies of the forms submitted, or any information
received in electronic form, pursuant to Section 12084, as that
section read prior to being repealed on January 1, 2006, for firearms
that are not handguns, or of the dealers' records of sales for
firearms that are not handguns shall be destroyed within five days of
the clearance by the Attorney General, unless the purchaser or
transferor is ineligible to take possession of the firearm.
   (3) All copies of the reports filed, or any information received
in electronic form, pursuant to any provision listed in subdivision
(c) of Section 16585 for firearms that are not handguns shall be
destroyed within five days of the receipt by the Attorney General,
unless retention is necessary for use in a criminal prosecution.
   (4) A peace officer, the Attorney General, a Department of Justice
employee designated by the Attorney General, or any authorized local
law enforcement employee shall not retain or compile any information
from a firearm transaction record, as defined in Section 16550, for
firearms that are not handguns unless retention or compilation is
necessary for use in a criminal prosecution or in a proceeding to
revoke a license issued pursuant to Article 1 (commencing with
Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2 of Division 6 of Title 4 of Part 6.
   (5) A violation of this subdivision is a misdemeanor.
   (c) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to the following provisions as to handguns and
maintain a registry thereof:
   (A) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of Title 4
of Part 6.
   (B) Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6.
   (C) Chapter 5 (commencing with Section 28050) of Division 6 of
Title 4 of Part 6.
   (D) Any provision listed in subdivision (a) of Section 16585.
   (E) Former Section 12084.
   (F) Any other law.
   (2) The registry shall consist of all of the following:
   (A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular handgun as listed on the information
provided to the department on the Dealers' Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in former Section
12084, or reports made to the department pursuant to any provision
listed in subdivision (a) of Section 16585 or any other law.
   (B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular handgun and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to any provision listed in
subdivision (a) of Section 16585 or any other law.
   (C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular handgun acquiring or being loaned that firearm.
   (D) The manufacturer's name if stamped on the firearm, model name
or number if stamped on the firearm, and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm.
   (3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular handgun.

   (4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
   (d) (1) If the conditions specified in paragraph (2) are met, any
officer referred to in paragraphs (1) to (6), inclusive, of
subdivision (b) of Section 11105 may disseminate the name of the
subject of the record, the number of the firearms listed in the
record, and the description of any firearm, including the make,
model, and caliber, from the record relating to any firearm's sale,
transfer, registration, or license record, or any information
reported to the Department of Justice pursuant to any of the
following:
   (A) Section 26225.
   (B)  Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of Title 4
of Part 6.
   (C) Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6.
   (D) Chapter 5 (commencing with Section 28050) of Division 6 of
Title 4 of Part 6.
   (E) Article 2 (commencing with Section 28150) of Chapter 6 of
Division 6 of Title 4 of Part 6.
   (F) Article 5 (commencing with Section 30900) of Chapter 2 of
Division 10 of Title 4 of Part 6.
   (G) Chapter 2 (commencing with Section 33850) of Division 11 of
Title 4 of Part 6.
   (H) Any provision listed in subdivision (a) of Section 16585.
   (2) Information may be disseminated pursuant to paragraph (1) only
if all of the following conditions are satisfied:
   (A) The subject of the record has been arraigned for a crime in
which the victim is a person described in subdivisions (a) to (f),
inclusive, of Section 6211 of the Family Code and is being prosecuted
or is serving a sentence for the crime, or the subject of the record
is the subject of an emergency protective order, a temporary
restraining order, or an order after hearing, which is in effect and
has been issued by a family court under the Domestic Violence
Protection Act set forth in Division 10 (commencing with Section
6200) of the Family Code.
   (B) The information is disseminated only to the victim of the
crime or to the person who has obtained the emergency protective
order, the temporary restraining order, or the order after hearing
issued by the family court.
   (C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or another
officer assigned to the case shall immediately provide the victim of
the crime with a "Victims of Domestic Violence" card, as specified in
subparagraph (H) of paragraph (9) of subdivision (c) of Section
13701.
   (3) The victim or person to whom information is disseminated
pursuant to this subdivision may disclose it as he or she deems
necessary to protect himself or herself or another person from bodily
harm by the person who is the subject of the record.
  SEC. 24.  Section 12003 of the Penal Code, as added by Section 5 of
Chapter 711 of the Statutes of 2010, is amended to read:
   12003.  If any section, subdivision, paragraph, subparagraph,
sentence, clause, or phrase of this title or any other provision
listed in Section 16580 is for any reason held to be
unconstitutional, that decision shall not affect the validity of the
remaining portions of this title or any other provision listed in
Section 16580. The Legislature hereby declares that it would have
passed this title and any other provision listed in Section 16580,
and each section, subdivision, paragraph, subparagraph, sentence,
clause, and phrase thereof, irrespective of the fact that any one or
more other sections, subdivisions, paragraphs, subparagraphs,
sentences, clauses, or phrases be declared unconstitutional.
  SEC. 25.  Section 23505 of the Penal Code is amended to read:
   23505.  If any section, subdivision, paragraph, subparagraph,
sentence, clause, or phrase of any provision listed in Section 16580
is for any reason held unconstitutional, that decision does not
affect the validity of any other provision listed in Section 16580.
The Legislature hereby declares that it would have passed the
provisions listed in Section 16580 and each section, subdivision,
paragraph, subparagraph, sentence, clause, and phrase of those
provisions, irrespective of the fact that any one or more other
sections, subdivisions, paragraphs, subparagraphs, sentences,
clauses, or phrases be declared unconstitutional.
  SEC. 26.  Section 25105 of the Penal Code is amended to read:
   25105.  Section 25100 does not apply whenever any of the following
occurs:
   (a) The child obtains the firearm as a result of an illegal entry
to any premises by any person.
   (b) The firearm is kept in a locked container or in a location
that a reasonable person would believe to be secure.
   (c) The firearm is carried on the person or within close enough
proximity thereto that the individual can readily retrieve and use
the firearm as if carried on the person.
   (d) The firearm is locked with a locking device, as defined in
Section 16860, which has rendered the firearm inoperable.
   (e) The person is a peace officer or a member of the Armed Forces
or the National Guard and the child obtains the firearm during, or
incidental to, the performance of the person's duties.
   (f) The child obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person.
   (g) The person who keeps a loaded firearm on premises that are
under the person's custody or control has no reasonable expectation,
based on objective facts and circumstances, that a child is likely to
be present on the premises.
  SEC. 27.  Section 29510 of the Penal Code is amended to read:
   29510.  (a) The Department of Justice shall recover the full costs
of administering the entertainment firearms permit program by
assessing the following application fees:
   (1) For the initial application: one hundred four dollars ($104).
Of this sum, fifty-six dollars ($56) shall be deposited into the
Fingerprint Fee Account, and forty-eight dollars ($48) shall be
deposited into the Dealers' Record of Sale Special Account.
   (2) For each annual renewal application: twenty-nine dollars
($29), which shall be deposited into the Dealers' Record of Sale
Special Account.
   (b) The department shall annually review and shall adjust the fees
specified in subdivision (a), if necessary, to fully fund, but not
to exceed the actual costs of, the permit program provided for by
this chapter, including enforcement of the program.
  SEC. 28.  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 18715, 18725, 18740, 18745, 18750, or
18755 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) (i) 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.
   (ii) Any report 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) (1) 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).
   (2) 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.
  SEC. 29.  Section 15657.03 of the Welfare and Institutions Code, as
amended by Section 26 of Chapter 572 of the Statutes of 2010, is
amended to read:
   15657.03.  (a) (1) An elder or dependent adult who has suffered
abuse as defined in Section 15610.07 may seek protective orders as
provided in this section.
   (2) A petition may be brought on behalf of an abused elder or
dependent adult by a conservator or a trustee of the elder or
dependent adult, an attorney-in-fact of an elder or dependent adult
who acts within the authority of the power of attorney, a person
appointed as a guardian ad litem for the elder or dependent adult, or
other person legally authorized to seek such relief.
   (b) For the purposes of this section:
   (1) "Conservator" means the legally appointed conservator of the
person or estate of the petitioner, or both.
   (2) "Petitioner" means the elder or dependent adult to be
protected by the protective orders and, if the court grants the
petition, the protected person.
   (3) "Protective order" means an order that includes any of the
following restraining orders, whether issued ex parte, after notice
and hearing, or in a judgment:
   (A) An order enjoining a party from abusing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, harassing, telephoning, including, but not
limited to, making annoying telephone calls as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, or coming within
a specified distance of, or disturbing the peace of the petitioner,
and, in the discretion of the court, on a showing of good cause, of
other named family or household members or a conservator, if any, of
the petitioner.
   (B) An order excluding a party from the petitioner's residence or
dwelling, except that this order shall not be issued if legal or
equitable title to, or lease of, the residence or dwelling is in the
sole name of the party to be excluded, or is in the name of the party
to be excluded and any other party besides the petitioner.
   (C) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
subparagraph (A) or (B).
   (4) "Respondent" means the person against whom the protective
orders are sought and, if the petition is granted, the restrained
person.
   (c) An order may be issued under this section, with or without
notice, to restrain any person for the purpose of preventing a
recurrence of abuse, if a declaration shows, to the satisfaction of
the court, reasonable proof of a past act or acts of abuse of the
petitioning elder or dependent adult.
   (d) Upon filing a petition for protective orders under this
section, the petitioner may obtain a temporary restraining order in
accordance with Section 527 of the Code of Civil Procedure, except to
the extent this section provides a rule that is inconsistent. The
temporary restraining order may include any of the protective orders
described in paragraph (3) of subdivision (b). However, the court may
issue an ex parte order excluding a party from the petitioner's
residence or dwelling only on a showing of all of the following:
   (1) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
   (2) That the party to be excluded has assaulted or threatens to
assault the petitioner, other named family or household member of the
petitioner, or a conservator of the petitioner.
   (3) That physical or emotional harm would otherwise result to the
petitioner, other named family or household member of the petitioner,
or a conservator of the petitioner.
   (e) A request for the issuance of a temporary restraining order
without notice under this section shall be granted or denied on the
same day that the petition is submitted to the court, unless the
petition is filed too late in the day to permit effective review, in
which case the order shall be granted or denied on the next day of
judicial business in sufficient time for the order to be filed that
day with the clerk of the court.
   (f) Within 21 days, or, if good cause appears to the court, 25
days, from the date that a request for a temporary restraining order
is granted or denied, a hearing shall be held on the petition. If no
request for temporary orders is made, the hearing shall be held
within 21 days, or, if good cause appears to the court, 25 days, from
the date that the petition is filed.
   (g) The respondent may file a response that explains or denies the
alleged abuse.
   (h) The court may issue, upon notice and a hearing, any of the
orders set forth in paragraph (3) of subdivision (b). The court may
issue, after notice and hearing, an order excluding a person from a
residence or dwelling if the court finds that physical or emotional
harm would otherwise result to the petitioner, other named family or
household member of the petitioner, or conservator of the petitioner.

   (i) (1) In the discretion of the court, an order issued after
notice and a hearing under this section may have a duration of not
more than five years, subject to termination or modification by
further order of the court either on written stipulation filed with
the court or on the motion of a party. These orders may be renewed
upon the request of a party, either for five years or permanently,
without a showing of any further abuse since the issuance of the
original order, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. The request for renewal may be brought
at any time within the three months before the expiration of the
order.
   (2) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.
   (j) In a proceeding under this section, a support person may
accompany a party in court and, if the party is not represented by an
attorney, may sit with the party at the table that is generally
reserved for the party and the party's attorney. The support person
is present to provide moral and emotional support for a person who
alleges he or she is a victim of abuse. The support person is not
present as a legal adviser and may not provide legal advice. The
support person may assist the person who alleges he or she is a
victim of abuse in feeling more confident that he or she will not be
injured or threatened by the other party during the proceedings if
the person who alleges he or she is a victim of abuse and the other
party are required to be present in close proximity. This subdivision
does not preclude the court from exercising its discretion to remove
the support person from the courtroom if the court believes the
support person is prompting, swaying, or influencing the party
assisted by the support person.
   (k) Upon the filing of a petition for protective orders under this
section, the respondent shall be personally served with a copy of
the petition, notice of the hearing or order to show cause, temporary
restraining order, if any, and any declarations in support of the
petition. Service shall be made at least five days before the
hearing. The court may, on motion of the petitioner or on its own
motion, shorten the time for service on the respondent.
   (l) A notice of hearing under this section shall notify the
respondent that if he or she does not attend the hearing, the court
may make orders against him or her that could last up to five years.
   (m) (1) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for the hearing.
   (2) The reissued order shall state on its face the date of
expiration of the order.
   (n) (1) If a respondent, named in an order issued under this
section after a hearing, has not been served personally with the
order but has received actual notice of the existence and substance
of the order through personal appearance in court to hear the terms
of the order from the court, no additional proof of service is
required for enforcement of the order.
   (2) If the respondent named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based on the temporary
restraining order, but the respondent does not appear at the hearing,
either personally or by an attorney, and the terms and conditions of
the restraining order or protective order issued at the hearing are
identical to the temporary restraining order, except for the duration
of the order, then the restraining order or protective order issued
at the hearing may be served on the respondent by first-class mail
sent to the respondent at the most current address for the respondent
that is available to the court.
   (3) The Judicial Council form for temporary orders issued pursuant
to this subdivision shall contain a statement in substantially the
following form:

   "If you have been personally served with a temporary restraining
order and notice of hearing, but you do not appear at the hearing
either in person or by a lawyer, and a restraining order that is the
same as this temporary restraining order except for the expiration
date is issued at the hearing, a copy of the order will be served on
you by mail at the following address: ____.
   If that address is not correct or you wish to verify that the
temporary restraining order was converted to a restraining order at
the hearing without substantive change and to find out the duration
of that order, contact the clerk of the court."

   (o) (1) Information on any protective order relating to elder or
dependent adult abuse issued by a court pursuant to this section
shall be transmitted to the Department of Justice in accordance with
either paragraph (2) or (3).
   (2) The court shall order the petitioner or the attorney for the
petitioner to deliver a copy of an order issued under this section,
or a reissuance, extension, modification, or termination of the
order, and any subsequent proof of service, by the close of the
business day on which the order, reissuance, extension, modification,
or termination was made, to each law enforcement agency having
jurisdiction over the residence of the petitioner, and to any
additional law enforcement agencies within the court's discretion as
are requested by the petitioner.
   (3) Alternatively, the court or its designee shall transmit,
within one business day, to law enforcement personnel all information
required under subdivision (b) of Section 6380 of the Family Code
regarding any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service, by either one of the following methods:
   (A) Transmitting a physical copy of the order or proof of service
to a local law enforcement agency authorized by the Department of
Justice to enter orders into the California Law Enforcement
Telecommunications System (CLETS).
   (B) With the approval of the Department of Justice, entering the
order or proof of service into CLETS directly.
   (4) Each appropriate law enforcement agency shall make available
information as to the existence and current status of these orders to
law enforcement officers responding to the scene of reported abuse.
   (5) An order issued under this section shall, on request of the
petitioner, be served on the respondent, whether or not the
respondent has been taken into custody, by any law enforcement
officer who is present at the scene of reported abuse involving the
parties to the proceeding. The petitioner shall provide the officer
with an endorsed copy of the order and a proof
                    of service, which the officer shall complete and
send to the issuing court.
   (6) Upon receiving information at the scene of an incident of
abuse that a protective order has been issued under this section, or
that a person who has been taken into custody is the respondent to
that order, if the protected person cannot produce an endorsed copy
of the order, a law enforcement officer shall immediately attempt to
verify the existence of the order.
   (7) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the respondent of the terms of the order and where a written
copy of the order can be obtained, and the officer shall at that time
also enforce the order. The law enforcement officer's verbal notice
of the terms of the order shall constitute service of the order and
is sufficient notice for the purposes of this section and for the
purposes of Section 273.6 of the Penal Code.
   (p) Nothing in this section shall preclude either party from
representation by private counsel or from appearing on the party's
own behalf.
   (q) There is no filing fee for a petition, response, or paper
seeking the reissuance, modification, or enforcement of a protective
order filed in a proceeding brought pursuant to this section.
   (r) Pursuant to paragraph (4) of subdivision (b) of Section 6103.2
of the Government Code, a petitioner shall not be required to pay a
fee for law enforcement to serve an order issued under this section.
   (s) The prevailing party in any action brought under this section
may be awarded court costs and attorney's fees, if any.
   (t) (1) A person subject to a protective order under this section
shall not own, possess, purchase, receive, or attempt to receive a
firearm or ammunition while the protective order is in effect.
   (2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.
   (3) Every person who owns, possesses, purchases, or receives, or
attempts to purchase or receive a firearm or ammunition while subject
to a protective order issued under this section is punishable
pursuant to Section 29825 of the Penal Code.
   (4) This subdivision shall not apply in a case in which the
protective order issued under this section was made solely on the
basis of financial abuse unaccompanied by force, threat, harassment,
intimidation, or any other form of abuse.
   (u) Any willful disobedience of any temporary restraining order or
restraining order after hearing granted under this section is
punishable pursuant to Section 273.6 of the Penal Code.
   (v) This section does not apply to any action or proceeding
governed by Title 1.6C (commencing with Section 1788) of Part 4 of
Division 3 of the Civil Code, by Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure, or by
Division 10 (commencing with Section 6200) of the Family Code.
Nothing in this section shall preclude a petitioner's right to use
other existing civil remedies.
   (w) The Judicial Council shall develop forms, instructions, and
rules relating to matters governed by this section. The petition and
response forms shall be simple and concise, and their use by parties
in actions brought pursuant to this section shall be mandatory.
   SEC. 30.    This act shall only become operative if
Senate Bill 1080, enacted as Chapter 711 of the Statutes of 2010,
becomes operative on January 1, 2012, in which case this act shall
also become operative on January 1, 2012. 
   SEC. 31.    Any section of any act enacted by the
Legislature during the 2011 calendar year, other than a section of
Assembly Bill 1023, Senate Bill 428, or another bill with a
subordination clause, that takes effect on or before January 1, 2012,
and that amends, amends and renumbers, amends and repeals, adds,
repeals and adds, or repeals a section that is amended, amended and
renumbered, amended and repealed, added, repealed, repealed and
added, or repealed by this act, shall prevail over this act, whether
that act is chaptered before or after this act. 
   SEC. 32.    Section 18.5 of this bill incorporates
amendments to Section 1203.4a of the Penal Code proposed by both this
bill and SB 428. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2012, and
(2) each bill amends Section 1203.4a of the Penal Code, in which case
Section 18 of this bill shall not become operative.