Amended in Senate June 11, 2014

Amended in Senate May 28, 2014

Amended in Assembly May 8, 2013

Amended in Assembly April 24, 2013

Amended in Assembly April 9, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1014

Introduced by Assembly Members Skinner and Williams

(Principal coauthor: Senator Jackson)

(Coauthors: Assembly Members Alejo, begin insert Bloom, end insert Bonilla, Bonta, Buchanan, begin insert Dickinson, end insert Levine, Lowenthal, Rendon, Stone, begin delete and Ting end delete begin insert Ting, and Wieckowski end insert )

February 22, 2013

An act to amend begin delete Section end delete begin insert Sections 1524 and end insert 18250 of, begin delete and end delete to add begin insert Section 1542.5 to, and to add end insert Division 3.2 (commencing with Section 18100) to Title 2 of Part 6 of, the Penal Code, and to amend Section 8105 of the Welfare and Institutions Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 1014, as amended, Skinner. Gun violence restraining orders.

(1) Existing law regulates the sale, transfer, possession, and ownership of firearms, including prohibiting specified persons from owning or possessing firearms. Existing law, among other things, prohibits a person subject to a domestic violence protective order from owning or possessing a firearm while that order is in effect and if prohibited by that order.

begin delete

This bill would establish a procedure to obtain a gun violence restraining order and, when applicable, a firearm seizure warrant, when a person poses a significant risk of personal injury to himself or herself or others by possessing a firearm. The bill would establish the requirements for obtaining a gun violence restraining order and a firearm seizure warrant and would require, not later than 14 days after the execution of a gun violence restraining order, and, when applicable, a firearm seizure warrant, a hearing to determine whether a person who is subject to the order may, among other things, own or possess a firearm, or whether the seized firearm should be returned.

end delete begin delete

If it is determined that the person poses a significant risk of personal injury to himself or herself or others by possessing firearms, this bill would require law enforcement to retain the firearm for a period not to exceed one year, would make ownership or possession, the purchase or receipt, or attempted purchase or receipt of a firearm by that person a misdemeanor for a period up to one year, and would require the court to notify the Department of Justice, as specified. By creating a new crime and by requiring new duties of local law enforcement, this bill would impose a state-mandated local program.

end delete begin delete

This bill would authorize a law enforcement agency to request a renewal of a gun violence restraining order if the agency has probable cause to believe that a person subject to that restraining order continues to pose a significant risk of personal injury to himself or herself or others by possessing a firearm. This bill would additionally authorize a judge, upon his or her own motion, or upon request of another person, to issue a renewal of a gun violence restraining order, as specified.

end delete begin insert

This bill would authorize a court to issue an ex parte gun violence restraining order, upon a showing of good cause, prohibiting the subject of the petition from having under his or her custody and control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive a firearm or ammunition, as specified. The bill would require the ex parte order to expire no later than 14 days after the date on the order and would require a law enforcement officer to serve the restrained person the ex parte order, if the restrained person can reasonably be located. The bill would permit the restrained person to request a hearing on the order, and, if it is found at the hearing that the order is not supported by good cause, would require the court to dissolve the order.

end insert begin insert

The bill would also authorize a court to issue a gun violence restraining order prohibiting the subject of the petition from having under his or her custody and control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive a firearm or ammunition for a period of one year when there is clear and convincing evidence to believe that the subject of the petition poses a significant risk of personal injury to himself, herself, or another by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm. The bill would authorized the renewal of the order for additional one-year periods and would permit the restrained person to request one hearing to terminate the order during the effective period of the initial order or each renewal period.

end insert begin insert

The bill would require, upon service of the ex parte gun violence restraining order or upon the issuance of a gun violence restraining order issued after notice and a hearing, the restrained person to surrender to the local law enforcement agency any firearm or ammunition in his or her custody and control, or which he or she possesses or owns. The bill would require the local law enforcement agency to retain custody of the firearm and ammunition for the duration of a gun violence restraining order.

end insert begin insert

The bill would require the court to notify the Department of Justice and the district attorney in the jurisdiction in which a gun violence restraining order was issued when an ex parte gun violence restraining order has been issued or dissolved and when a gun violence restraining order issued after notice and a hearing has been issued, renewed, or terminated.

end insert begin insert

The bill would make it a misdemeanor to file a petition for a gun violence restraining order, knowing the information in the petition to be false or with the intent to harass. The bill would also provide that a person who violates a gun violence restraining order is guilty of a misdemeanor and shall be prohibited from having under his or her custody and control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a 5-year period, commencing upon the expiration of the existing gun violence restraining order.

end insert begin insert

By creating new crimes and by requiring new duties of local law enforcement, this bill would impose a state-mandated local program.

end insert begin insert

(2) Existing law states the grounds upon which a search warrant may be issued, including when the property or things to be seized include a firearm or any other deadly weapon that is owned by, or in the possession of, or in the custody or control of, specified persons.

end insert begin insert

This bill would allow a search warrant to be issued when the property or things to be seized are a firearm or firearms or ammunition that is in the custody or control of, or is owned or possessed by, a person who is the subject of a gun violence restraining order and who is presently known to have in his or her custody and control or possession, or to own a firearm or firearms or ammunition. The bill would also require the law enforcement officer executing a search warrant issued upon that ground to take custody of any firearm or ammunition in plain sight or discovered pursuant to a consensual or other lawful search and would provide rules for executing the search warrant when the location to be searched is jointly occupied by multiple parties.

end insert begin delete

(2)

end delete

begin insert ( end insert begin insert 3) end insert  Existing law requires specified law enforcement officers to take temporary custody of any firearm or deadly weapon in plain sight or discovered pursuant to a lawful search when present at the scene of a domestic violence incident involving a threat to human life or physical assault.

This bill would apply the requirements described above to law enforcement officers serving a gun violence restraining order. begin insert The bill would also apply those requirements when the law enforcement officer is a sworn member of the Department of Justice who is a peace officer. end insert

begin delete

(3)

end delete

begin insert (4) end insert  Existing law requires the Department of Justice to request public and private mental hospitals, sanitariums, and institutions to submit to the department information necessary to identify persons who are admitted to a specified facility because the person is a danger to himself, herself, or others, to own, possess, control, receive, or purchase any firearm. Existing law requires the department to only use the information for certain specified purposes.

This bill would require the department to begin insert the end insert use begin insert of end insert the above-described information begin insert only end insert to determine the eligibility of a person who is the subject to either a gun violence restraining order or a firearm seizure warrant to acquire, carry, or possess firearms, destructive devices, or explosives.

begin delete

(4)

end delete

begin insert (5) end insert  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1524 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

1524.  

(a) A search warrant may be issued upon any of the
following grounds:

(1) When the property was stolen or embezzled.

(2) When the property or things were used as the means of
committing a felony.

(3) When the property or things are in the possession of any
person with the intent to use them as a means of committing a
public offense, or in the possession of another to whom he or she
may have delivered them for the purpose of concealing them or
preventing them from being discovered.

(4) When the property or things to be seized consist of any item
or constitute any evidence that tends to show a felony has been
committed, or tends to show that a particular person has committed
a felony.

(5) When the property or things to be seized consist of evidence
that tends to show that sexual exploitation of a child, in violation
of Section 311.3, or possession of matter depicting sexual conduct
of a person under 18 years of age, in violation of Section 311.11,
has occurred or is occurring.

(6) When there is a warrant to arrest a person.

(7) When a provider of electronic communication service or
remote computing service has records or evidence, as specified in
Section 1524.3, showing that property was stolen or embezzled
constituting a misdemeanor, or that property or things are in the
possession of any person with the intent to use them as a means
of committing a misdemeanor public offense, or in the possession
of another to whom he or she may have delivered them for the
purpose of concealing them or preventing their discovery.

(8) When the property or things to be seized include an item or
any evidence that tends to show a violation of Section 3700.5 of
the Labor Code, or tends to show that a particular person has
violated Section 3700.5 of the Labor Code.

(9) When the property or things to be seized include a firearm
or any other deadly weapon at the scene of, or at the premises
occupied or under the control of the person arrested in connection
with, a domestic violence incident involving a threat to human life
or a physical assault as provided in Section 18250. This section
does not affect warrantless seizures otherwise authorized by Section
18250.

(10) When the property or things to be seized include a firearm
or any other deadly weapon that is owned by, or in the possession
of, or in the custody or control of, a person described in subdivision
(a) of Section 8102 of the Welfare and Institutions Code.

(11) When the property or things to be seized include a firearm
that is owned by, or in the possession of, or in the custody or
control of, a person who is subject to the prohibitions regarding
firearms pursuant to Section 6389 of the Family Code, if a
prohibited firearm is possessed, owned, in the custody of, or
controlled by a person against whom a protective order has been
issued pursuant to Section 6218 of the Family Code, the person
has been lawfully served with that order, and the person has failed
to relinquish the firearm as required by law.

(12) When the information to be received from the use of a
tracking device constitutes evidence that tends to show that either
a felony, a misdemeanor violation of the Fish and Game Code, or
a misdemeanor violation of the Public Resources Code has been
committed or is being committed, tends to show that a particular
person has committed a felony, a misdemeanor violation of the
Fish and Game Code, or a misdemeanor violation of the Public
Resources Code, or is committing a felony, a misdemeanor
violation of the Fish and Game Code, or a misdemeanor violation
of the Public Resources Code, or will assist in locating an
individual who has committed or is committing a felony, a
misdemeanor violation of the Fish and Game Code, or a
misdemeanor violation of the Public Resources Code. A tracking
device search warrant issued pursuant to this paragraph shall be
executed in a manner meeting the requirements specified in
subdivision (b) of Section 1534.

(13) When a sample of the blood of a person constitutes
evidence that tends to show a violation of Section 23140, 23152,
or 23153 of the Vehicle Code and the person from whom the
sample is being sought has refused an officer’s request to submit
to, or has failed to complete, a blood test as required by Section
23612 of the Vehicle Code, and the sample will be drawn from
the person in a reasonable, medically approved manner. This
paragraph is not intended to abrogate a court’s mandate to
determine the propriety of the issuance of a search warrant on a
case-by-case basis.

begin insert

(14) When the property or things to be seized are a firearm or
firearms or ammunition that is in the custody or control of, or is
owned or possessed by, a person who is the subject of a gun
violence restraining order that has been issued pursuant to
Division 3.2 (commencing with Section 18100) of Title 2 of Part
6 and who is presently known to have in his or her custody and
control or possession, or to own a firearm or firearms or
ammunition.

end insert

(b) The property, things, person, or persons described in
subdivision (a) may be taken on the warrant from any place, or
from any person in whose possession the property or things may
be.

(c) Notwithstanding subdivision (a) or (b), no search warrant
shall issue for any documentary evidence in the possession or
under the control of any person who is a lawyer as defined in
Section 950 of the Evidence Code, a physician as defined in Section
990 of the Evidence Code, a psychotherapist as defined in Section
1010 of the Evidence Code, or a member of the clergy as defined
in Section 1030 of the Evidence Code, and who is not reasonably
suspected of engaging or having engaged in criminal activity
related to the documentary evidence for which a warrant is
requested unless the following procedure has been complied with:

(1) At the time of the issuance of the warrant, the court shall
appoint a special master in accordance with subdivision (d) to
accompany the person who will serve the warrant. Upon service
of the warrant, the special master shall inform the party served of
the specific items being sought and that the party shall have the
opportunity to provide the items requested. If the party, in the
judgment of the special master, fails to provide the items requested,
the special master shall conduct a search for the items in the areas
indicated in the search warrant.

(2) (A) If the party who has been served states that an item or
items should not be disclosed, they shall be sealed by the special
master and taken to court for a hearing.

(B) At the hearing, the party searched shall be entitled to raise
any issues that may be raised pursuant to Section 1538.5 as well
as a claim that the item or items are privileged, as provided by
law. The hearing shall be held in the superior court. The court shall
provide sufficient time for the parties to obtain counsel and make
any motions or present any evidence. The hearing shall be held
within three days of the service of the warrant unless the court
makes a finding that the expedited hearing is impracticable. In that
case the matter shall be heard at the earliest possible time.

(C) If an item or items are taken to court for a hearing, any
limitations of time prescribed in Chapter 2 (commencing with
Section 799) of Title 3 of Part 2 shall be tolled from the time of
the seizure until the final conclusion of the hearing, including any
associated writ or appellate proceedings.

(3) The warrant shall, whenever practicable, be served during
normal business hours. In addition, the warrant shall be served
upon a party who appears to have possession or control of the
items sought. If, after reasonable efforts, the party serving the
warrant is unable to locate the person, the special master shall seal
and return to the court, for determination by the court, any item
that appears to be privileged as provided by law.

(d) (1) As used in this section, a “special master” is an attorney
who is a member in good standing of the California State Bar and
who has been selected from a list of qualified attorneys that is
maintained by the State Bar particularly for the purposes of
conducting the searches described in this section. These attorneys
shall serve without compensation. A special master shall be
considered a public employee, and the governmental entity that
caused the search warrant to be issued shall be considered the
employer of the special master and the applicable public entity,
for purposes of Division 3.6 (commencing with Section 810) of
Title 1 of the Government Code, relating to claims and actions
against public entities and public employees. In selecting the
special master, the court shall make every reasonable effort to
ensure that the person selected has no relationship with any of the
parties involved in the pending matter. Any information obtained
by the special master shall be confidential and may not be divulged
except in direct response to inquiry by the court.

(2) In any case in which the magistrate determines that, after
reasonable efforts have been made to obtain a special master, a
special master is not available and would not be available within
a reasonable period of time, the magistrate may direct the party
seeking the order to conduct the search in the manner described
in this section in lieu of the special master.

(e) Any search conducted pursuant to this section by a special
master may be conducted in a manner that permits the party serving
the warrant or his or her designee to accompany the special master
as he or she conducts his or her search. However, that party or his
or her designee may not participate in the search nor shall he or
she examine any of the items being searched by the special master
except upon agreement of the party upon whom the warrant has
been served.

(f) As used in this section, “documentary evidence” includes,
but is not limited to, writings, documents, blueprints, drawings,
photographs, computer printouts, microfilms, X-rays, files,
diagrams, ledgers, books, tapes, audio and video recordings, films,
and papers of any type or description.

(g) No warrant shall issue for any item or items described in
Section 1070 of the Evidence Code.

(h) Notwithstanding any other law, no claim of attorney work
product as described in Chapter 4 (commencing with Section
2018.010) of Title 4 of Part 4 of the Code of Civil Procedure shall
be sustained where there is probable cause to believe that the
lawyer is engaging or has engaged in criminal activity related to
the documentary evidence for which a warrant is requested unless
it is established at the hearing with respect to the documentary
evidence seized under the warrant that the services of the lawyer
were not sought or obtained to enable or aid anyone to commit or
plan to commit a crime or a fraud.

(i) Nothing in this section is intended to limit an attorney’s
ability to request an in camera hearing pursuant to the holding of
the Supreme Court of California in People v. Superior Court (Laff)
(2001) 25 Cal.4th 703.

(j) In addition to any other circumstance permitting a magistrate
to issue a warrant for a person or property in another county, when
the property or things to be seized consist of any item or constitute
any evidence that tends to show a violation of Section 530.5, the
magistrate may issue a warrant to search a person or property
located in another county if the person whose identifying
information was taken or used resides in the same county as the
issuing court.

(k) This section shall not be construed to create a cause of action
against any foreign or California corporation, its officers,
employees, agents, or other specified persons for providing location
information.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1542.5 is added to the end insert begin insert Penal Code end insert begin insert , end insert immediately
following Section 1542 begin insert , to read: end insert

begin insert

begin insert 1542.5. end insert   

Notwithstanding any other law, with regards to a
search warrant issued upon the grounds specified in paragraph
(14) of subdivision (a) of Section 1524, the following shall apply:

(a) The law enforcement officer executing the warrant shall
take custody of any firearm or ammunition in plain sight or
discovered pursuant to a consensual or other lawful search.

(b) (1) If the location to be searched during the execution of
the warrant is jointly occupied by multiple parties and a firearm,
which is determined to be owned by a person other than the person
who is the subject of a gun violence restraining order, is found,
the firearm shall not be seized if both of the following conditions
are satisfied:

(A) The firearm is stored in a manner that the person subject
to a gun violence restraining order does not have access to or
control of the firearm.

(B) There is no evidence of unlawful possession of the firearm
by the owner of the firearm.

(2) If the location to be searched during the execution of the
warrant is jointly occupied by multiple parties and a gun safe is
located, which is determined to be owned by a person other than
the person subject to a gun violence restraining order, the contents
of the gun safe shall not be searched except in the owner’s
presence, and with his or her consent or with a valid search
warrant for the gun safe.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 3. end insert   

Division 3.2 (commencing with Section 18100) is
added to Title 2 of Part 6 of the Penal Code, to read:

 

Division 3.2.  Gun Violence Restraining Orders

 

begin insert

Chapter   begin insert 1. end insert begin insert General end insert

end insert

 

18100.  

begin delete (a) end delete begin delete   end delete A gun violence restraining order is an order, in
writing, begin delete in the name of the people, end delete signed by a magistrate,
prohibiting a named person from having under his or her custody
begin delete or end delete begin insert and end insert control, owning, purchasing, possessing, or receiving any
firearms begin delete for a period of up to one year. end delete begin insert or ammunition. end insert

begin delete

(b) A firearm seizure warrant is an order, in writing, in the name
of the people, signed by a magistrate, regarding a person who is
subject to a gun violence restraining order and who is known to
own or possess one or more firearms, which is directed to a peace
officer, commanding him or her to seize any firearms in the
possession of the named person and to bring the unloaded firearm
before the magistrate.

end delete

begin insert

begin insert 18101. end insert   

The Judicial Council shall prescribe the form of the
orders and any other documents required by this division and shall
promulgate forms and instructions for applying for orders
described in this division.

end insert

 

begin insert

Chapter   begin insert 2. end insert begin insert Ex Parte Gun Violence Restraining Order end insert

end insert

 

begin delete 18101. end delete
begin insert 18102. end insert   

(a)  begin delete Any person may submit an application to the court,
on a form designed by the Judicial Council, setting forth the facts
and circumstances necessitating that a gun violence restraining
order be issued. end delete A begin insert court may issue an ex parte end insert gun violence
restraining order begin delete shall be issued to prohibit a named person from
possessing a firearm end delete if an affidavit, begin insert made in writing and end insert signed
by the begin delete applicant end delete begin insert petitioner end insert under oath, begin insert or an oral statement taken
pursuant to paragraph (2) of subdivision (a) of Section 18103, end insert and
any additional information provided to the court begin delete demonstrates, to
the satisfaction of the court, end delete begin insert on a showing of good cause that end insert the
begin delete named person end delete begin insert subject of the petition end insert poses a significant risk of
personal injury to begin delete himself or herself or others end delete begin insert himself, herself, or
another end insert by begin delete possessing firearms. end delete begin insert having under his or her custody
and control, owning, purchasing, possessing, or receiving a firearm
as determined by balancing the factors identified in subdivision
(b) of Section 1803 and, if the court elects to consider them, the
factors identified in subdivision (c) of Section 18103. end insert

begin delete

(b) A firearms seizure warrant may not be issued but upon
probable cause, supported by an affidavit, naming or describing
with reasonable specificity the facts and circumstances justifying
the order and listing any firearm or firearms to be seized pursuant
to the order.

(c) A firearm described in the firearms seizure warrant may be
taken from any place, or from any person in whose possession the
firearm may be.

end delete begin insert

(b) An affidavit supporting a petition for the issuance of an ex
parte gun violence restraining order shall set forth the facts tending
to establish the grounds of the petition, or the reason for believing
that they exist.

end insert begin insert

(c) An ex parte order under this chapter shall be issued 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 issued 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.

end insert

begin delete 18102. end delete
begin insert 18103. end insert   

(a)  begin insert (1) end insert begin insert   end insert The magistrate, before issuing begin delete the end delete begin insert an ex parte end insert
gun violence restraining order, may examine on oath, the begin delete person
seeking the order end delete begin insert petitioner end insert and any begin delete witnesses the person produces, end delete
begin insert witness the petitioner may produce end insert and shall take his or her
affidavit begin delete or affidavits end delete in writing, and cause the affidavit begin delete or
affidavits end delete to be begin delete subscribed end delete begin insert signed end insert by the parties making them.

begin insert (2) end insert begin insert   end insert begin insert In lieu of a written affidavit required by paragraph (1), the
magistrate may take an oral statement under oath using the
procedures prescribed in Section 1526. end insert

(b) In determining whether grounds for a gun violence
restraining order exist, the magistrate shall consider all begin insert evidence end insert
of the following:

(1) A begin delete recent end delete threat begin insert of violence end insert or act of violence by the begin delete named
person end delete begin insert subject of the petition end insert directed toward begin delete others. end delete begin insert another. end insert

(2) A begin delete recent end delete threat begin insert of violence end insert or act of violence by the begin delete named
person end delete begin insert subject of the petition end insert directed toward himself or herself.

(3) A begin delete recent end delete violation of an begin insert unexpired end insert emergency protective
order begin insert issued end insert pursuant to Section 646.91 or Part 3 (commencing
with Section 6240) of Division 10 of the Family Code.

(4) A begin delete recent end delete violation of begin delete a end delete begin insert an unexpired end insert protective order issued
pursuant to Part 4 (commencing with Section 6300) of Division
10 of the Family Code, Section 136.2, Section 527.6 of the Code
of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare
and Institutions Code.

(5) A conviction for any offense listed in Section 29805.

(c) In determining whether grounds for a gun violence
restraining order exist, the magistrate may consider any begin insert evidence end insert
of the following:

(1) The reckless use, display, or brandishing of a firearm by the
begin delete named person. end delete begin insert subject of the petition. end insert

(2) The history of use, attempted use, or threatened use of
physical force by the begin delete named person end delete begin insert subject of the petition end insert against
begin delete other persons. end delete begin insert another person. end insert

(3) Any prior arrest of the begin delete named person end delete begin insert subject of the petition end insert
for a felony offense.

(4) Any history of a violation by the begin delete named person end delete begin insert subject of
the petition end insert of an emergency protective order issued pursuant to
Section 646.91 or Part 3 (commencing with Section 6240) of
Division 10 of the Family Code.

(5) Any history of a violation by the begin delete named person end delete begin insert subject of
the petition end insert of a protective order issued pursuant to Part 4
(commencing with Section 6300) of Division 10 of the Family
Code, Section 136.2, Section 527.6 of the Code of Civil Procedure,
or Section 213.5 or 15657.03 of the Welfare and Institutions Code.

(6) Evidence of recent or ongoing abuse of controlled substances
or alcohol by the begin delete named person. end delete begin insert subject of the petition. end insert

(7) Evidence of recent acquisition of firearms or other deadly
weapons.

begin delete

(d) The affidavit or affidavits shall set forth the facts tending to
establish the grounds of the application, or probable cause for
believing that they exist.

end delete begin delete

(e) In lieu of the written affidavit required in subdivision (a),
the magistrate may take an oral statement under oath using the
procedures prescribed in Section 1526.

end delete begin insert

(8) The recency of any of the acts identified in subdivision (b)
and this subdivision.

end insert begin insert

(d) If the magistrate determines that there is good cause to issue
an ex parte gun violence restraining order, he or she shall issue
an ex parte gun violence restraining order that prohibits the subject
of the petition from having under his or her custody and control,
owning, purchasing, possessing, or receiving, or attempting to
purchase or receive, a firearm or ammunition, and expires no later
than 14 days from the date of the order.

end insert begin insert

(e) (1) (A) The court shall notify the Department of Justice of
the ex parte gun violence restraining order no later than 24 hours
after issuing the order.

end insert begin insert

(B) The notice required to be submitted to the Department of
Justice pursuant to this subdivision shall be submitted in an
electronic format, in a manner prescribed by the department.

end insert begin insert

(2) The court shall notify the district attorney in the jurisdiction
in which the ex parte gun violence restraining order was issued
of the ex parte gun violence restraining order no later than 24
hours after issuing the order.

end insert

begin delete

18103.  

If the magistrate is satisfied of the existence of the
grounds of the application, or that there is probable cause to believe
their existence, he or she shall issue a gun violence restraining
order. If there is also probable cause to believe that the person has
custody or control of or owns a firearm or firearms, the magistrate
shall also issue a firearm seizure warrant, signed by the magistrate
with his or her name of office, to a peace officer in his or her
county, commanding the peace officer to seize any firearms
specified and to retain the firearm or firearms subject to the order
of the court, as provided in Section 18104.

end delete

18104.  

(a)  begin delete (1) end delete begin delete   end delete begin delete A end delete begin insert An ex parte end insert gun violence restraining order
begin insert issued under this chapter end insert shall include all of the following:

begin delete

(A)

end delete

begin insert (1) end insert  A statement of the grounds begin delete asserted for end delete begin insert supporting the
issuance of end insert the order.

begin delete

(B)

end delete

begin insert (2) end insert  The date and time the order expires.

begin delete

(C)

end delete

begin insert (3) end insert  The address of the superior court for the district or county
in which the restrained party resides.

begin delete

(D)

end delete

begin insert (4) end insert  The following begin delete statement, which shall be printed in English
and Spanish: end delete begin insert statement: end insert

“To the restrained person: This order will last until the date and
time noted above. You may not begin insert have under your custody and
control, end insert own, begin delete possess, end delete purchase, begin insert possess, end insert or receive, or attempt to
purchase or receive a firearm begin insert or ammunition, end insert while this order is
in effect. begin delete You are entitled to submit one written request for a
hearing at any time during the effective period of the order for an
order permitting you to own, possess, purchase, or receive a
firearm. end delete begin insert You have the right to a hearing, scheduled by the court,
within 14 days following the issuance of this order to determine
if you may have under your custody and control, own, possess,
purchase, or receive a firearm or ammunition. end insert You may seek the
advice of an attorney as to any matter connected with the order.
The attorney should be consulted promptly so that the attorney
may assist you in any matter connected with the order.”

begin delete

(2) A firearm seizure warrant shall be substantially in the
following form:

County of ____.

The people of the State of California to any peace officer in the
County of ____.

Proof, by affidavit, having been this day made before me (naming
every person whose affidavit was taken), that there is probable
cause to believe that (person whose firearms are to be seized) poses
a significant risk of personal injury to himself or herself or others
and has possession of one or more firearms, you are therefore
commanded, in the daytime (or at any time of the day or night, as
the case may be, according to Section 1533 of the Penal Code), to
search the person and property of the named person where firearms
may be stored and to seize all firearms in the possession of the
named person and to bring the firearms to a safe and secure location
under the control of the local law enforcement agency.

Given under my hand, and dated this ____ day of (year).

_______, Judge of the (applicable) Court.

(b) When an officer takes property under a firearms seizure
warrant, he or she shall give a receipt for the property taken,
specifying it in detail, to the person from whom it was taken. In
the absence of a person, the officer shall leave the receipt in the
place where he or she found the property.

end delete begin insert

(b) (1) An ex parte gun violence restraining order shall be
served on the restrained person by a law enforcement officer, if
the restrained person can reasonably be located.

end insert begin delete

(c)

end delete

begin insert (2) end insert  When serving a gun violence restraining order, the begin insert law
enforcement end insert officer shall inform the begin insert restrained end insert person that he or
she begin delete may submit one written request for end delete begin insert is entitled to end insert a hearing,
pursuant to Section begin delete 18107, at any time during the effective period
of the order end delete begin insert 18105, end insert and provide the begin insert restrained end insert person with a form
to request a hearing.

begin delete

(d) All firearms seized pursuant to a firearms seizure warrant
shall be retained by the officer or the law enforcement agency in
custody as provided in Chapter 2 (commencing with Section
33850) of Division 11 of Title 4 of Part 6, subject to the order of
the court that issued the warrant or to any other court in which an
offense in respect to the firearm is triable.

end delete begin insert

(c) (1) Upon being served with an ex parte gun violence
restraining order, the restrained person shall surrender to the
local law enforcement agency any firearm or ammunition in the
restrained person’s custody and control, or which the restrained
person possesses or owns. When taking custody of a firearm or
ammunition pursuant to this subdivision, the local law enforcement
agency shall comply with the requirements of Section 33800.

end insert begin insert

(2) (A) The firearm or firearms or ammunition surrendered
pursuant to this subdivision shall be retained by the law
enforcement agency until the expiration of the ex parte gun violence
restraining order. Upon expiration of the order, the firearm or
firearms or ammunition shall be returned to the restrained person
in accordance with the provisions of Chapter 2 (commencing with
Section 33850) of Division 11 of Title 4. A firearm or ammunition
that is not claimed shall be subject to the provisions of Section
34000.

end insert begin insert

(B) A restrained person who owns a firearm or ammunition that
is in the custody of a law enforcement agency pursuant to this
subdivision, if the firearm is an otherwise legal firearm, and the
restrained person otherwise has right to title of the firearm, shall
be entitled to sell or transfer title of the firearm to a licensed
dealer.

end insert begin insert

(3) If a person other than the restrained person claims title to
any firearms or ammunition surrendered pursuant to this
subdivision, the firearm or firearms or ammunition shall be
returned to the lawful owner pursuant to Chapter 2 (commencing
with Section 33850) of Division 11 of Title 4.

end insert

begin delete

18105.  

(a) If the location to be searched during the execution
of a firearm seizure warrant is jointly occupied by multiple parties
and a firearm is located during the execution of the seizure warrant,
and it is determined that the firearm is owned by a person other
than the person named in the firearm seizure warrant, the firearm
shall not be seized if all of the following conditions are satisfied:

(1) The firearm is stored in a manner that the person named in
the firearm seizure warrant does not have access to or control of
the firearm.

(2) There is no evidence of unlawful possession of the firearm
by the owner.

(b) If the location to be searched during the execution of a
firearm seizure warrant is jointly occupied by multiple parties and
a gun safe is located, and it is determined that the gun safe is owned
by a person other than the person named in the firearm seizure
warrant, the contents of the gun safe shall not be searched except
in the owner’s presence, or with his or her consent, or unless a
valid search warrant has been obtained.

end delete

begin delete 18106. end delete
begin insert 18105. end insert   

(a)  begin delete Except as provided in subdivision (e), not later than
14 days after the execution of a gun violence restraining order and,
when applicable, a firearm seizure warrant, end delete begin insert (1) end insert begin insert   end insert begin insert A restrained person
is entitled, upon his or her request, to a hearing to determine the
validity of the order within 14 days after the date on the order
before end insert the court that issued the order begin delete and, when applicable, the
seizure warrant, end delete or another court in that same begin delete jurisdiction, shall
hold a hearing to determine whether the person who is the subject
of the order may have under his or her custody or control, own,
purchase, possess, or receive firearms and, when applicable,
whether any seized firearms should be returned to the person named
in the warrant. end delete begin insert jurisdiction. end insert

begin insert (2) end insert begin insert   end insert begin insert If a restrained person does not request a hearing, the order
shall expire on the date and time listed on the order. end insert

(b) At the hearing, the begin delete state end delete begin insert petitioner end insert shall have the burden of
begin delete proving, by clear and convincing evidence, end delete begin insert proving that there is
good cause to believe end insert that the begin insert restrained end insert person poses a significant
risk of personal injury to himself, herself, or begin delete others end delete begin insert another end insert by
begin delete owning or possessing the end delete begin insert having under his or her custody and
control, owning, purchasing, possessing, or receiving a end insert firearm.

(c) If begin delete the named person end delete begin insert it end insert is found at the hearing begin delete to pose end delete begin insert that
there is good cause to believe that the restrained person poses end insert a
significant risk of personal injury to himself, herself, or begin delete others end delete
begin insert another end insert by begin delete owning or possessing a firearm, the following shall
apply: end delete begin insert having under his or her custody and control, owning,
purchasing, possessing, or receiving a firearm, the ex parte gun
violence order shall stand. end insert

begin delete

(1) The firearm or firearms seized pursuant to the warrant shall
be retained by the law enforcement agency for a period not to
exceed one year or until ownership of the firearm is transferred to
a licensed firearm dealer.

(2) The named person shall be prohibited from owning or
possessing, purchasing or receiving, or attempting to purchase or
receive a firearm for a period not to exceed one year. A violation
of this paragraph is a misdemeanor.

(3) The court shall notify the Department of Justice of the gun
violence restraining order no later than two court days after issuing
the order. The court shall also notify the department of any order
restoring the person’s ability to own or possess firearms no later
than two court days after issuing the order to restore the person’s
right to own or possess any type of firearms that may be lawfully
owned and possessed.

end delete

(d) If the court finds that the begin delete state end delete begin insert petitioner end insert has not begin delete met the
required standard of proof, the firearm or firearms seized pursuant
to the warrant shall be returned to the named person pursuant to
Chapter 2 (commencing with Section 33850) of Division 11. end delete
begin insert proven that there is good cause supporting the order, the court
shall dissolve the order. end insert

begin delete

(e) If the person named in the warrant is a person who is
prohibited by law from owning or possessing a firearm for a period
of one year or more by another provision of state or federal law,
a hearing pursuant to subdivision (a) is not required and the court
shall issue an order to hold the firearm until either the person is
no longer prohibited from owning a firearm or the person sells or
transfers ownership of the firearm to a licensed firearm dealer.

(f) Any notice or report required

end delete begin insert

(e) (1) (A) If the order has been dissolved pursuant to
subdivision (d), the court shall submit a notice of that fact to the
Department of Justice. Upon receipt of the notice, the Department
of Justice shall, within 15 days, delete any reference to the ex parte
gun violence restraining order from its records.

end insert

begin insert (B) end insert begin insert   end insert begin insert The notice required end insert to be submitted to the Department of
Justice pursuant to this begin delete section end delete begin insert subdivision end insert shall be submitted in
an electronic format, in a manner prescribed by the department.

begin delete

(g) If any person claims title to any firearms seized pursuant to
the warrant, the firearm or firearms shall be returned to the lawful
owner pursuant to Chapter 2 (commencing with Section 33850)
of Division 11 of Title 4.

end delete begin insert

(2) If the order has been dissolved pursuant to subdivision (d),
the court shall notify the district attorney in the jurisdiction in
which the ex parte gun violence restraining order of that fact.

end insert

 

begin insert

Chapter   begin insert 3. end insert begin insert Gun Violence Restraining Order Issued After
Notice and Hearing end insert

end insert

 

begin insert

begin insert 18106. end insert   

The court may issue a gun violence restraining order
after notice and a hearing when there is clear and convincing
evidence that the subject of the petition poses a significant risk of
personal injury to himself, herself, or another by having under his
or her custody and control, owning, purchasing, possessing, or
receiving a firearm as determined by balancing evidence of the
facts identified in subdivision (b) of Section 18103 and, if the court
elects to consider them, evidence of any of the facts identified in
subdivision (c) of Section 18103.

end insert begin insert

begin insert 18107. end insert   

(a) In determining whether to issue a gun violence
restraining order under this chapter, the court shall consider
evidence of the facts identified in subdivision (b) of Section 18103
and may consider evidence of any of the facts identified in
subdivision (c) of Section 18103.

(b) At the hearing, the petitioner shall have the burden of
proving that there is clear and convincing evidence to believe that
the subject of the petition poses a significant risk of personal injury
to himself, herself, or another by having under his or her custody
and control, owning, purchasing, possessing, or receiving a
firearm.

(c) If the petition is supported by clear and convincing evidence,
the court shall issue a gun violence restraining order that prohibits
the subject of the petition from having under his or her custody
and control, owning, purchasing, possessing, or receiving, or
attempting to purchase or receive, a firearm or ammunition.

(d) The gun violence restraining order issued under this chapter
shall have a duration of one year, subject to termination by further
order of the court at a hearing held pursuant to Section 18107 and
renewal by further order of the court pursuant to Section 18109.

(e) (1) (A) The court shall notify the Department of Justice of
the gun violence restraining order issued under this chapter no
later than 24 hours after issuing the order.

(B) The notice required to be submitted to the Department of
Justice pursuant to this subdivision shall be submitted in an
electronic format, in a manner prescribed by the department.

(2) The court shall notify the district attorney in the jurisdiction
in which the gun violence restraining order was issued that a gun
violence restraining order issued under this chapter was issued
no later than 24 hours after issuing the order.

end insert begin insert

begin insert 18108. end insert   

(a) A gun violence restraining order issued pursuant
to this chapter shall include all of the following:

(1) A statement of the grounds supporting the issuance of the
order.

(2) The date and time the order expires.

(3) The address of the superior court for the district or county
in which the restrained party resides.

(4) The following statement:

“To the restrained person: This order will last until the date
and time noted above. You may not have under your custody and
control, own, purchase, possess, or receive, or attempt to purchase
or receive a firearm or ammunition, while this order is in effect.
Pursuant to Section 18109, you have the right to request one
hearing to terminate this order at any time during its effective
period. You may seek the advice of an attorney as to any matter
connected with the order.”

(b) When the court issues a gun violence restraining order under
this chapter, the court shall inform the restrained person that he
or she is entitled to one hearing to request a termination of the
order, pursuant to Section 18109, and shall provide the restrained
person with a form to request a hearing.

(c) (1) Upon issuance of a gun violence restraining order issued
under this chapter, the restrained person shall surrender to the
local law enforcement agency any firearm or ammunition in the
restrained person’s custody and control, or which the restrained
person possesses or owns. When taking custody of a firearm or
ammunition pursuant to this subdivision, the local law enforcement
agency shall comply with the requirements of Section 33800.

(2) (A) The firearm or firearms or ammunition surrendered
pursuant to this subdivision shall be retained by the law
enforcement agency until the expiration of the gun violence
restraining order. Upon expiration of the order, the firearm or
firearms or ammunition shall be returned to the restrained person
in accordance with the provisions of Chapter 2 (commencing with
Section 33850) of Division 11 of Title 4. A firearm or ammunition
that is not claimed shall be subject to the provisions of Section
34000.

(B) A restrained person who owns a firearm or ammunition that
is in the custody of a law enforcement agency pursuant to this
subdivision, if the firearm is an otherwise legal firearm, and the
restrained person otherwise has right to title of the firearm, shall
be entitled to sell or transfer title of the firearm to a licensed
dealer.

(3) If a person other than the restrained person claims title to
any firearms or ammunition surrendered pursuant to this
subdivision, the firearm or firearms or ammunition shall be
returned to the lawful owner pursuant to Chapter 2 (commencing
with Section 33850) of Division 11 of Title 4.

end insert

begin delete 18107. end delete
begin insert 18109. end insert   

(a) A person described in subdivision (c) of Section
18106, may submit one written request at any time during the
effective period of the order for a hearing for an order permitting
the person to own, possess, purchase, or receive a firearm.

begin delete

(b) The Judicial Council shall design and furnish the form, in
both English and Spanish, to be used to request a hearing under
this section. Each superior court shall make available the form
printed and distributed by the Judicial Council.

end delete begin insert

(b) If the court finds after the hearing that there is no longer
clear and convincing evidence to believe that the restrained person
poses a significant risk of personal injury to himself, herself, or
another by having under his or her custody and control, owning,
purchasing, possessing, or receiving a firearm, the court shall
terminate the order.

end insert begin insert

(c) (1) (A) If the order has been terminated pursuant to
subdivision (b), the court shall submit a notice of that fact to the
Department of Justice. Upon receipt of the notice, the Department
of Justice shall, within 15 days, delete any reference to the gun
violence restraining order from its records.

end insert begin insert

(B) The notice required to be submitted to the Department of
Justice pursuant to this subdivision shall be submitted in an
electronic format, in a manner prescribed by the department.

end insert begin insert

(2) If the order has been terminated pursuant to subdivision
(b), the court shall notify the district attorney in the jurisdiction
in which the gun violence restraining order of that fact.

end insert

begin delete

18108.  

(a) (1) When a law enforcement agency has probable
cause to believe that a person subject to a gun violence restraining
order, as defined in Section 18100, continues to pose a significant
risk of personal injury to himself or herself or others by possessing
a firearm, the agency may initiate a request for a renewal of the
order, on a form designed by the Judicial Council, setting forth
the facts and circumstances necessitating the request. A hearing
shall be held in a superior court to determine if a request for
renewal of the order shall be issued.

(2) The person named in the restraining order shall be given
written notice and an opportunity to be heard on the matter.

(b) A judge may, upon his or her own motion, or upon request
of another person, issue a renewal of a gun violence restraining
order, as defined in Section 18100, when there is probable cause
to believe that a person subject to the order continues to pose a
significant risk of personal injury to himself or herself or others
by possessing a firearm, after written notice to the person named
in the restraining order and after giving him or her an opportunity
for a hearing.

18109.  

Except as otherwise provided, the provisions of Section
1528 and Sections 1530 to 1535, inclusive, shall apply to this
division.

end delete begin insert

begin insert 18110. end insert   

(a) A court may, after notice and a hearing, renew a
gun violence restraining order issued under this chapter if there
is clear and convincing evidence that the restrained person
continues to pose a significant risk of personal injury to himself,
herself, or another by possessing a firearm.

(b) In determining whether to renew a gun violence restraining
order issued under this chapter, the court shall consider evidence
of the facts identified in subdivision (b) of Section 18103 and may
consider evidence of any of the facts identified in subdivision (c)
of Section 18103.

(c) At the hearing, the petitioner shall have the burden of
proving that there is clear and convincing evidence to believe that
the restrained person continues to pose a significant risk of
personal injury to himself, herself, or another by having under his
or her custody and control, owning, purchasing, possessing, or
receiving a firearm.

(d) If the renewal petition is supported by clear and convincing
evidence, the court shall renew the gun violence restraining order
issued under this chapter.

(e) The renewal of a gun violence restraining order issued
pursuant to this section shall have a duration of one year, subject
to termination by further order of the court at a hearing held
pursuant to Section 18109 and further renewal by further order
of the court pursuant to this section.

(f) A gun violence restraining order renewed pursuant to this
section shall include the information identified in subdivision (a)
of Section 18108.

(g) (1) (A) The court shall notify the Department of Justice
that a gun violence restraining order issued under this chapter
has been renewed no later than 24 hours after renewing the order.

(B) The notice required to be submitted to the Department of
Justice pursuant to this subdivision shall be submitted in an
electronic format, in a manner prescribed by the department.

(2) The court shall notify the district attorney in the jurisdiction
in which the gun violence restraining order was renewed that a
gun violence restraining order issued under this chapter was
renewed no later than 24 hours after issuing the order.

end insert begin insert

begin insert 18111. end insert   

Any hearing held pursuant to this chapter may be
continued upon a showing of good cause.

end insert

 

begin insert

Chapter   begin insert 4. end insert begin insert Offenses end insert

end insert

 

begin insert

begin insert 18112. end insert   

Every person who files a petition for an ex parte gun
violence restraining order pursuant to Chapter 2 (commencing
with Section 18102) or a gun violence restraining order issued
after notice and a hearing pursuant to Chapter 3 (commencing
with Section 18106), knowing the information in the petition to be
false or with the intent to harass, is guilty of a misdemeanor.

end insert begin insert

begin insert 18113. end insert   

Every person who violates an ex parte gun violence
restraining order issued pursuant to Chapter 2 (commencing with
Section 18102) or a gun violence restraining order issued after
notice and a hearing issued pursuant to Chapter 3 (commencing
with Section 18106), is guilty of a misdemeanor and shall be
prohibited from having under his or her custody and control,
owning, purchasing, possessing, or receiving, or attempting to
purchase or receive, a firearm or ammunition for a five-year
period, to commence upon the expiration of the existing gun
violence restraining order.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

Section 18250 of the Penal Code is amended to read:

18250.  

If any of the following persons is at the scene of a
domestic violence incident involving a threat to human life or a
physical assault, begin delete or end delete is serving a protective order as defined in
Section 6218 of the Family Code, begin delete or end delete is serving a gun violence
restraining order begin delete as defined in Section 18100, end delete begin insert issued pursuant to
Division 3.2 (commencing with Section 18100), end insert that person shall
take temporary custody of any firearm or other deadly weapon in
plain sight or discovered pursuant to a consensual or other lawful
search as necessary for the protection of the peace officer or other
persons present:

(a) A sheriff, undersheriff, deputy sheriff, marshal, deputy
marshal, or police officer of a city, as defined in subdivision (a)
of Section 830.1.

(b) A peace officer of the Department of the California Highway
Patrol, as defined in subdivision (a) of Section 830.2.

(c) A member of the University of California Police Department,
as defined in subdivision (b) of Section 830.2.

(d) An officer listed in Section 830.6, while acting in the course
and scope of the officer’s employment as a peace officer.

(e) A member of a California State University Police
Department, as defined in subdivision (c) of Section 830.2.

(f) A peace officer of the Department of Parks and Recreation,
as defined in subdivision (f) of Section 830.2.

(g) A peace officer, as defined in subdivision (d) of Section
830.31.

(h) A peace officer, as defined in subdivisions (a) and (b) of
Section 830.32.

(i) A peace officer, as defined in Section 830.5.

begin insert

(j) A sworn member of the Department of Justice who is a peace
officer, as defined in Section 830.1.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

Section 8105 of the Welfare and Institutions Code is
amended to read:

8105.  

(a) The Department of Justice shall request each public
and private mental hospital, sanitarium, and institution to submit
to the department information the department deems necessary to
identify those persons who are subject to the prohibition specified
by subdivision (a) of Section 8100, in order to carry out its duties
in relation to firearms, destructive devices, and explosives.

(b) Upon request of the Department of Justice pursuant to
subdivision (a), each public and private mental hospital, sanitarium,
and institution shall submit to the department information the
department deems necessary to identify those persons who are
subject to the prohibition specified by subdivision (a) of Section
8100, in order to carry out its duties in relation to firearms,
destructive devices, and explosives.

(c) A licensed psychotherapist shall report to a local law
enforcement agency, within 24 hours, in a manner prescribed by
the Department of Justice, the identity of a person subject to the
prohibition specified by subdivision (b) of Section 8100. Upon
receipt of the report, the local law enforcement agency, on a form
prescribed by the Department of Justice, shall notify the department
electronically, within 24 hours, in a manner prescribed by the
department, of the person who is subject to the prohibition specified
by subdivision (b) of Section 8100.

(d) All information provided to the Department of Justice
pursuant to this section shall be kept confidential, separate, and
apart from all other records maintained by the department. The
information provided to the Department of Justice pursuant to this
section shall be used only for any of the following purposes:

(1) By the department to determine eligibility of a person to
acquire, carry, or possess firearms, destructive devices, or
explosives.

(2) For the purposes of the court proceedings described in
subdivision (b) of Section 8100, to determine the eligibility of the
person who is bringing the petition pursuant to paragraph (3) of
subdivision (b) of Section 8100.

(3) To determine the eligibility of a person to acquire, carry, or
possess firearms, destructive devices, or explosives who is the
subject of a criminal investigation, or who is the subject of begin delete an
investigation into end delete begin insert a petition for end insert the issuance of begin delete either end delete a gun violence
restraining begin delete order or a firearm seizure warrant, as defined in Section
18100 of the Penal Code, end delete begin insert order issued pursuant to Division 3.2
(commencing with Section 18100) of Title 2 of Part 6 of the Penal
Code, end insert if a part of the investigation involves the acquisition,
carrying, or possession of firearms, explosives, or destructive
devices by that person.

(e) Reports shall not be required or requested under this section
if the same person has been previously reported pursuant to Section
8103 or 8104.

begin delete SEC. 4. end delete
begin insert SEC. 6. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.