Amended in Senate July 2, 2014

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 BillNo. 1014


Introduced by Assembly Members Skinner and Williams

(Principal coauthor: Senator Jackson)

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

February 22, 2013


An act to amend Sections 1524 and 18250 of, to add Section 1542.5 to, and to add 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 insert

This bill would authorize a court to issue an emergency gun violence restraining order if a law enforcement officer asserts and a judicial officer finds that there are reasonable grounds to believe that the subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent personal injury to himself, herself, or another person, as specified. The bill would require a law enforcement officer to serve the order on the restrained person, if the restrained person can reasonably be located, file a copy of the order with the court, and have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice. The bill would require the presiding judge of the superior court in each county to designate at least one judge, commissioner, or referee to be reasonably available to issue orally, by telephone or otherwise, emergency gun violence restraining orders at all times whether or not the court is in session.

end insert

This bill wouldbegin insert additionallyend insert 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 requirebegin insert the court to hold a hearing within 21 days of issuing the ex parte gun violence restraining order to determine if a gun violence restraining order that is in effect for one year should be issued. The bill would requireend insert a law enforcement officer to serve the restrained person the ex parte order, if the restrained person can reasonably be located.begin delete 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 delete

The bill wouldbegin delete alsoend delete 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 thatbegin delete 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.end deletebegin insert there is a substantial likelihood that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, will cause personal injury to himself, herself, or another by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent personal injury to himself, herself, or another person, as specified.end insert 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.

The bill wouldbegin delete 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,end deletebegin insert require a court, upon issuance of a gun violence restraining order, to orderend insert 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.

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 whenbegin delete an ex parteend deletebegin insert anyend insert gun violence restraining order has beenbegin delete issued or dissolved and when a gun violence restraining order issued after notice and a hearing has been issued, renewed, or terminated.end deletebegin insert issued, renewed, dissolved, or terminated.end 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.

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

(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.

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 custodybegin delete orend deletebegin insert andend insert control of, or is owned or possessed by, a person who is the subject of a gun violence restrainingbegin delete 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.end deletebegin insert order.end insert The bill would also require the law enforcement officer executing a search warrant issued upon that ground to take custody of any firearm or ammunitionbegin delete in plain sightend deletebegin insert that is in the restrained person’s custody and control or possession, that is owned by the restrained person,end insert orbegin insert that isend insert 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 bybegin delete multiple parties.end deletebegin insert the restrained person and one or more other persons.end insert

(3) 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. 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.

(4) 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 tobegin delete theend deletebegin insert makeend insert use of the above-described information only 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 insert

(5) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

end insert
begin insert

This bill would make legislative findings to that effect.

end insert
begin delete

(5)

end delete

begin insert(6)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:

P5    1

SECTION 1.  

Section 1524 of the Penal Code is amended to
2read:

3

1524.  

(a) A search warrant may be issued upon any of the
4following grounds:

5(1) When the property was stolen or embezzled.

6(2) When the property or things were used as the means of
7committing a felony.

8(3) When the property or things are in the possession of any
9person with the intent to use them as a means of committing a
10public offense, or in the possession of another to whom he or she
11may have delivered them for the purpose of concealing them or
12preventing them from being discovered.

13(4) When the property or things to be seized consist of any item
14or constitute any evidence that tends to show a felony has been
15committed, or tends to show that a particular person has committed
16a felony.

17(5) When the property or things to be seized consist of evidence
18that tends to show that sexual exploitation of a child, in violation
19of Section 311.3, or possession of matter depicting sexual conduct
P6    1of a person under 18 years of age, in violation of Section 311.11,
2has occurred or is occurring.

3(6) When there is a warrant to arrest a person.

4(7) When a provider of electronic communication service or
5remote computing service has records or evidence, as specified in
6Section 1524.3, showing that property was stolen or embezzled
7constituting a misdemeanor, or that property or things are in the
8possession of any person with the intent to use them as a means
9of committing a misdemeanor public offense, or in the possession
10of another to whom he or she may have delivered them for the
11purpose of concealing them or preventing their discovery.

12(8) When the property or things to be seized include an item or
13any evidence that tends to show a violation of Section 3700.5 of
14the Labor Code, or tends to show that a particular person has
15violated Section 3700.5 of the Labor Code.

16(9) When the property or things to be seized include a firearm
17or any other deadly weapon at the scene of, or at the premises
18occupied or under the control of the person arrested in connection
19with, a domestic violence incident involving a threat to human life
20or a physical assault as provided in Section 18250. This section
21does not affect warrantless seizures otherwise authorized by Section
2218250.

23(10) When the property or things to be seized include a firearm
24or any other deadly weapon that is owned by, or in the possession
25of, or in the custody or control of, a person described in subdivision
26(a) of Section 8102 of the Welfare and Institutions Code.

27(11) When the property or things to be seized include a firearm
28that is owned by, or in the possession of, or in the custody or
29control of, a person who is subject to the prohibitions regarding
30firearms pursuant to Section 6389 of the Family Code, if a
31prohibited firearm is possessed, owned, in the custody of, or
32controlled by a person against whom a protective order has been
33issued pursuant to Section 6218 of the Family Code, the person
34has been lawfully served with that order, and the person has failed
35to relinquish the firearm as required by law.

36(12) When the information to be received from the use of a
37tracking device constitutes evidence that tends to show that either
38a felony, a misdemeanor violation of the Fish and Game Code, or
39a misdemeanor violation of the Public Resources Code has been
40committed or is being committed, tends to show that a particular
P7    1person has committed a felony, a misdemeanor violation of the
2Fish and Game Code, or a misdemeanor violation of the Public
3Resources Code, or is committing a felony, a misdemeanor
4violation of the Fish and Game Code, or a misdemeanor violation
5of the Public Resources Code, or will assist in locating an
6individual who has committed or is committing a felony, a
7misdemeanor violation of the Fish and Game Code, or a
8misdemeanor violation of the Public Resources Code. A tracking
9device search warrant issued pursuant to this paragraph shall be
10executed in a manner meeting the requirements specified in
11subdivision (b) of Section 1534.

12(13) When a sample of the blood of a person constitutes
13evidence that tends to show a violation of Section 23140, 23152,
14or 23153 of the Vehicle Code and the person from whom the
15sample is being sought has refused an officer’s request to submit
16to, or has failed to complete, a blood test as required by Section
1723612 of the Vehicle Code, and the sample will be drawn from
18the person in a reasonable, medically approved manner. This
19paragraph is not intended to abrogate a court’s mandate to
20determine the propriety of the issuance of a search warrant on a
21case-by-case basis.

22(14) When the property or things to be seized are a firearm or
23firearms or ammunition that is in the custodybegin delete orend deletebegin insert andend insert control of, or
24is owned or possessed by, a person who is the subject of a gun
25violence restraining order that has been issued pursuant to Division
263.2 (commencing with Section 18100) of Title 2 of Partbegin delete 6 and who
27is presently known to have in his or her custody and control or
28possession, or to own a firearm or firearms or ammunition.end delete
begin insert 6.end insert

29(b) The property, things, person, or persons described in
30subdivision (a) may be taken on the warrant from any place, or
31from any person in whose possession the property or things may
32be.

33(c) Notwithstanding subdivision (a) or (b), no search warrant
34shall issue for any documentary evidence in the possession or
35under the control of any person who is a lawyer as defined in
36Section 950 of the Evidence Code, a physician as defined in Section
37990 of the Evidence Code, a psychotherapist as defined in Section
381010 of the Evidence Code, or a member of the clergy as defined
39in Section 1030 of the Evidence Code, and who is not reasonably
40suspected of engaging or having engaged in criminal activity
P8    1related to the documentary evidence for which a warrant is
2requested unless the following procedure has been complied with:

3(1) At the time of the issuance of the warrant, the court shall
4appoint a special master in accordance with subdivision (d) to
5accompany the person who will serve the warrant. Upon service
6of the warrant, the special master shall inform the party served of
7the specific items being sought and that the party shall have the
8opportunity to provide the items requested. If the party, in the
9judgment of the special master, fails to provide the items requested,
10the special master shall conduct a search for the items in the areas
11indicated in the search warrant.

12(2) (A) If the party who has been served states that an item or
13items should not be disclosed, they shall be sealed by the special
14master and taken to court for a hearing.

15(B) At the hearing, the party searched shall be entitled to raise
16any issues that may be raised pursuant to Section 1538.5 as well
17as a claim that the item or items are privileged, as provided by
18law. The hearing shall be held in the superior court. The court shall
19provide sufficient time for the parties to obtain counsel and make
20any motions or present any evidence. The hearing shall be held
21within three days of the service of the warrant unless the court
22makes a finding that the expedited hearing is impracticable. In that
23case the matter shall be heard at the earliest possible time.

24(C) If an item or items are taken to court for a hearing, any
25limitations of time prescribed in Chapter 2 (commencing with
26Section 799) of Title 3 of Part 2 shall be tolled from the time of
27the seizure until the final conclusion of the hearing, including any
28associated writ or appellate proceedings.

29(3) The warrant shall, whenever practicable, be served during
30normal business hours. In addition, the warrant shall be served
31upon a party who appears to have possession or control of the
32items sought. If, after reasonable efforts, the party serving the
33warrant is unable to locate the person, the special master shall seal
34and return to the court, for determination by the court, any item
35that appears to be privileged as provided by law.

36(d) (1) As used in this section, a “special master” is an attorney
37who is a member in good standing of the California State Bar and
38who has been selected from a list of qualified attorneys that is
39maintained by the State Bar particularly for the purposes of
40conducting the searches described in this section. These attorneys
P9    1shall serve without compensation. A special master shall be
2considered a public employee, and the governmental entity that
3caused the search warrant to be issued shall be considered the
4employer of the special master and the applicable public entity,
5for purposes of Division 3.6 (commencing with Section 810) of
6Title 1 of the Government Code, relating to claims and actions
7against public entities and public employees. In selecting the
8special master, the court shall make every reasonable effort to
9ensure that the person selected has no relationship with any of the
10parties involved in the pending matter. Any information obtained
11by the special master shall be confidential and may not be divulged
12except in direct response to inquiry by the court.

13(2) In any case in which the magistrate determines that, after
14reasonable efforts have been made to obtain a special master, a
15special master is not available and would not be available within
16a reasonable period of time, the magistrate may direct the party
17seeking the order to conduct the search in the manner described
18in this section in lieu of the special master.

19(e) Any search conducted pursuant to this section by a special
20master may be conducted in a manner that permits the party serving
21the warrant or his or her designee to accompany the special master
22as he or she conducts his or her search. However, that party or his
23or her designee may not participate in the search nor shall he or
24she examine any of the items being searched by the special master
25except upon agreement of the party upon whom the warrant has
26been served.

27(f) As used in this section, “documentary evidence” includes,
28but is not limited to, writings, documents, blueprints, drawings,
29photographs, computer printouts, microfilms, X-rays, files,
30diagrams, ledgers, books, tapes, audio and video recordings, films,
31and papers of any type or description.

32(g) No warrant shall issue for any item or items described in
33Section 1070 of the Evidence Code.

34(h) Notwithstanding any other law, no claim of attorney work
35product as described in Chapter 4 (commencing with Section
362018.010) of Title 4 of Part 4 of the Code of Civil Procedure shall
37be sustained where there is probable cause to believe that the
38lawyer is engaging or has engaged in criminal activity related to
39the documentary evidence for which a warrant is requested unless
40it is established at the hearing with respect to the documentary
P10   1evidence seized under the warrant that the services of the lawyer
2were not sought or obtained to enable or aid anyone to commit or
3plan to commit a crime or a fraud.

4(i) Nothing in this section is intended to limit an attorney’s
5ability to request an in camera hearing pursuant to the holding of
6the Supreme Court of California in People v. Superior Court (Laff)
7(2001) 25 Cal.4th 703.

8(j) In addition to any other circumstance permitting a magistrate
9to issue a warrant for a person or property in another county, when
10the property or things to be seized consist of any item or constitute
11any evidence that tends to show a violation of Section 530.5, the
12magistrate may issue a warrant to search a person or property
13located in another county if the person whose identifying
14information was taken or used resides in the same county as the
15issuing court.

16(k) This section shall not be construed to create a cause of action
17against any foreign or California corporation, its officers,
18employees, agents, or other specified persons for providing location
19information.

20

SEC. 2.  

Section 1542.5 is added to the Penal Code, immediately
21following Section 1542, to read:

22

1542.5.  

Notwithstanding any other law, with regards to a search
23warrant issued upon the grounds specified in paragraph (14) of
24subdivision (a) of Section 1524, the following shall apply:

25(a) The law enforcement officer executing the warrant shall take
26custody of any firearm or ammunitionbegin delete in plain sightend deletebegin insert that is in the
27restrained person’s custody and control or possession, that is
28owned by the restrained person,end insert
orbegin insert that is end insert discovered pursuant to
29a consensual or other lawful search.

30(b) (1) If the location to be searched during the execution of
31the warrant is jointly occupied bybegin delete multiple partiesend deletebegin insert the restrained
32person and one or more other personsend insert
andbegin delete a firearm, which is
33determined to beend delete
begin insert a law enforcement officer executing the warrant
34finds a firearm that isend insert
owned by a person other than thebegin delete person
35who is the subject of a gun violence restraining order, is found,end delete

36begin insert restrained person,end insert the firearm shall not be seized if both of the
37following conditions are satisfied:

38(A) The firearm is stored in a manner that thebegin delete person subject to
39a gun violence restraining orderend delete
begin insert restrained personend insert does not have
40access to or control of the firearm.

P11   1(B) There is no evidence of unlawful possession of the firearm
2by the owner of the firearm.

3(2) If the location to be searched during the execution of the
4warrant is jointly occupied bybegin delete multiple partiesend deletebegin insert the restrained person
5and one or more other personsend insert
and a gun safebegin insert is located thatend insert is
6begin delete located, which is determined to beend delete owned by a person other than
7thebegin delete person subject to a gun violence restraining order,end deletebegin insert restrained
8person,end insert
the contents of the gun safe shall not be searched except
9in the owner’s presence, and with his or her consent or with a valid
10search warrant for the gun safe.

11

SEC. 3.  

Division 3.2 (commencing with Section 18100) is
12added to Title 2 of Part 6 of the Penal Code, to read:

13 

14Division 3.2.  Gun Violence Restraining Orders

15

15 

16Chapter  1. General
17

 

18

18100.  

A gun violence restraining order is an order, in writing,
19signed bybegin delete a magistrate,end deletebegin insert the court, end insertprohibiting a named person from
20having under his or her custody and control, owning, purchasing,
21possessing, or receiving any firearms or ammunition.

22

begin delete18101.end delete
23begin insert18105.end insert  

begin insert(a)end insertbegin insertend insert The Judicial Council shall prescribe the form of
24the orders and any other documents required by this division and
25shall promulgate forms and instructions for applying for orders
26described in this division.

begin insert

27(b) Any form to petition for a gun violence restraining order
28adopted pursuant to this section shall require the petitioner to
29describe the number, types, and locations of any firearms and
30ammunition presently known by the petitioner to be possessed or
31controlled by the subject of the petition.

end insert
begin insert
32

begin insert18110.end insert  

Prior to a hearing on the issuance, renewal, or
33termination of an order under Chapter 3 (commencing with Section
3418150) or Chapter 4 (commencing with Section 18170), the court
35shall ensure that a search as described in subdivision (a) of Section
366306 of the Family Code is conducted. After issuing its ruling, the
37court shall provide the advisement described in subdivision (c) of
38Section 6306 of the Family Code and shall keep information
39obtained from a search conducted pursuant to this section
P12   1confidential in accordance with subdivision (d) of Section 6306
2of the Family Code.

end insert
begin insert
3

begin insert18115.end insert  

(a) (1) (A) The court shall notify the Department of
4Justice when a gun violence restraining order has been issued or
5renewed under this division no later than one court day after
6issuing or renewing the order.

7(B) The court shall notify the Department of Justice when a gun
8violence restraining order has been dissolved or terminated under
9this division no later than five court days after dissolving or
10terminating the order. Upon receipt of either of these notices, the
11Department of Justice shall, within 15 days, delete any reference
12to the gun violence restraining order from its records.

13(2) The notices required to be submitted to the Department of
14Justice pursuant to paragraph (1) shall be submitted in an
15electronic format, in a manner prescribed by the department.

16(b) (1)  The court shall notify the district attorney in the
17jurisdiction in which a gun violence restraining order was issued
18when a gun violence order has been issued or renewed under this
19division no later than one court day after issuing or renewing the
20order.

21(2) The court shall notify the district attorney in the jurisdiction
22in which a gun violence restraining order was dissolved or
23terminated when a gun violence restraining order has been
24dissolved or terminated under this division, no later than five court
25days after dissolving or terminating the order.

end insert
begin insert
26

begin insert18120.end insert  

(a) A person subject to a gun violence restraining order
27issued pursuant to this division shall not have under his or her
28custody and control, own, purchase, possess, or receive a firearm
29or ammunition while that order is in effect.

30(b) (1) Upon issuance of a gun violence restraining order issued
31pursuant to this division, the court shall order the restrained person
32to surrender to the local law enforcement agency any firearm or
33ammunition in the restrained person’s custody and control, or
34which the restrained person possesses or owns.

35(2) The surrender ordered pursuant to paragraph (1) shall occur
36by immediately surrendering the firearm or ammunition in a safe
37manner, upon request of any law enforcement officer, to the control
38of the officer, after being served with the protective order. A law
39enforcement officer serving a gun violence restraining order that
40indicates that the restrained person possesses a firearm or
P13   1ammunition shall request that the firearm or ammunition be
2immediately surrendered. Alternatively, if no request is made by
3a law enforcement officer, the surrender shall occur within 24
4hours of being served with the order, by either surrendering the
5firearm or ammunition in a safe manner to the control of the local
6law enforcement agency, or by selling the firearm or ammunition
7to a licensed gun dealer, as specified in Article 1 (commencing
8with Section 26700) and Article 2 (commencing with Section
926800) of Chapter 2 of Division 6 of Title 4 of Part 6 of the Penal
10Code. The law enforcement officer or licensed gun dealer taking
11possession of the firearm or ammunition pursuant to this
12subdivision shall issue a receipt to the person surrendering the
13firearm or ammunition at the time of surrender. A person ordered
14to surrender a firearm or ammunition pursuant to this subdivision
15shall, within 48 hours after being served with the order, do both
16of the following:

17(A) File, with the court that issued the gun violence restraining
18order, the receipt showing the firearm or ammunition was
19surrendered to a local law enforcement agency or sold to a licensed
20gun dealer. Failure to timely file a receipt shall constitute a
21violation of the protective order.

22(B) File a copy of the receipt described in subparagraph (A)
23with the law enforcement agency that served the gun violence
24restraining order. Failure to timely file a copy of the receipt shall
25constitute a violation of the protective order.

26(c) (1) The firearm or firearms or ammunition surrendered to
27a law enforcement officer or law enforcement agency pursuant to
28this section shall be retained by the law enforcement agency until
29the expiration of any gun violence restraining order that has been
30issued against the restrained person. Upon expiration of any order,
31the firearm or firearms or ammunition shall be returned to the
32restrained person in accordance with the provisions of Chapter 2
33(commencing with Section 33850) of Division 11 of Title 4. A
34firearm or ammunition that is not claimed is subject to the
35requirements of Section 34000.

36(2) A restrained person who owns a firearm or ammunition that
37is in the custody of a law enforcement agency pursuant to this
38section and who does not wish to have the firearm returned shall
39be entitled to sell or transfer title of the firearm to a licensed dealer
P14   1provided that the firearm is an otherwise legal firearm and the
2restrained person otherwise has right to title of the firearm.

3(d) If the restrained person declines to relinquish possession of
4any firearm based on the assertion of the right against
5self-incrimination, as provided by the Fifth Amendment to the
6United States Constitution and Section 15 of Article I of the
7California Constitution, the court may grant use immunity for the
8act of relinquishing the firearm required under this section.

9(e) If a person other than the restrained person claims title to
10any firearm or ammunition surrendered pursuant to this section,
11and he or she is determined by the law enforcement agency to be
12the lawful owner of the firearm or ammunition, the firearm or
13ammunition shall be returned to the him or her pursuant to Chapter
142 (commencing with Section 33850) of Division 11 of Title 4.

end insert

15 

begin insert
16Chapter  begin insert2.end insert begin insertEmergency Gun Violence Restraining Orderend insert
end insert
17

 

begin insert
18

begin insert18125.end insert  

(a) An emergency gun violence restraining order may
19be issued only if a law enforcement officer asserts, and a judicial
20officer finds, both of the following:

21(1) That reasonable grounds have been asserted to believe that
22the subject of the petition poses an immediate and present danger
23of causing personal injury to himself, herself, or another by having
24under his or her custody and control, owning, purchasing,
25possessing, or receiving a firearm.

26(2) That an emergency gun violence restraining order is
27necessary to prevent personal injury to himself, herself, or another
28person because less restrictive alternatives either have been tried
29and found to be ineffective, or have been determined to be
30inadequate or inappropriate for the circumstances of the subject
31of the petition.

32(b) An emergency gun violence restraining order issued pursuant
33to this chapter shall prohibit the subject of the petition from having
34under his or her custody and control, owning, purchasing,
35possessing, or receiving, or attempting to purchase or receive, a
36firearm or ammunition, and shall expire 14 days from the date of
37the order.

end insert
begin insert
38

begin insert18130.end insert  

An emergency gun violence restraining order is valid
39only if it is issued by a judicial officer after making the findings
P15   1required by Section 18125 and pursuant to a specific request by
2a law enforcement officer.

end insert
begin insert
3

begin insert18135.end insert  

An emergency gun violence restraining order issued
4under this chapter shall include all of the following:

5(a) A statement of the grounds supporting the issuance of the
6order.

7(b) The date and time the order expires.

8(c) The address of the superior court for the district or county
9in which the restrained party resides.

10(d) The following statement:


12“To the restrained person: This order will last until the date
13and time noted above. You are required to surrender all firearms
14and ammunition that you own to a local law enforcement agency
15in accordance with Section 18120 of the Penal Code and you may
16not have under your custody and control, own, purchase, possess,
17or receive, or attempt to purchase or receive a firearm or
18ammunition, while this order is in effect. However, a permanent
19gun violence restraining order may be obtained from the court.
20You may seek the advice of an attorney as to any matter connected
21with the order. The attorney should be consulted promptly so that
22the attorney may assist you in any matter connected with the
23order.”


end insert
begin insert
25

begin insert18140.end insert  

A law enforcement officer who requests an emergency
26gun violence restraining order shall do all of the following:

27(a) If the order is obtained orally, memorialize the order in
28writing and sign it.

29(b) Serve the order on the restrained person, if the restrained
30person can reasonably be located.

31(c) File a copy of the order with the court as soon as practicable
32after issuance.

33(d) Have the order entered into the computer database system
34for protective and restraining orders maintained by the Department
35of Justice.

end insert
begin insert
36

begin insert18145.end insert  

The presiding judge of the superior court in each county
37shall designate at least one judge, commissioner, or referee to be
38reasonably available to issue orally, by telephone or otherwise,
39emergency gun violence restraining orders at all times whether
40or not the court is in session.

end insert

 

P16   1Chapter  begin delete2.end deletebegin insert3.end insert Ex Parte Gun Violence Restraining Order
2

 

begin delete
3

18102.  

(a) A

end delete
4begin insert

begin insert18150.end insert  

end insert
begin insert

(a) (1) An immediate family member, licenced
5therapist, or licensed health care provider of a person may file a
6petition requesting that the court issue an ex parte gun violence
7restraining order enjoining the subject of the petition from having
8under his or her custody and control, owning, purchasing,
9possessing, or receiving a firearm or ammunition.

end insert
begin insert

10(2) For purposes of this subdivision, “immediate family
11member” has the same meaning as in Section 422.4.

end insert

12begin insert(b)end insertbegin insertend insertbegin insertAend insert court may issue an ex parte gun violence restraining order
13ifbegin insert the petition,end insertbegin insert supported byend insert anbegin delete affidavit,end deletebegin insert affidavitend insert made in writing
14and signed by the petitioner under oath, or an oral statement taken
15pursuant to paragraph (2) of subdivision (a) of Sectionbegin delete 18103,end delete
16begin insert 18155,end insert and any additional information provided to the court begin deleteon a
17showing ofend delete
begin insert showend insert good causebegin insert to believeend insert thatbegin delete the subject of the
18petition poses a significant risk of personal injury to himself,
19herself, or another by having under his or her custody and control,
20owning, purchasing, possessing, or receiving a firearm as
21determined by balancing the factors identified in subdivision (b)
22of Section 1803 and, if the court elects to consider them, the factors
23identified in subdivision (c) of Section 18103.end delete
begin insert both of the following
24are true:end insert

begin insert

25(1) There is a substantial likelihood that the subject of the
26petition will, in the near future, cause personal injury to himself,
27herself, or another by having under his or her custody and control,
28owning, purchasing, possessing, or receiving a firearm as
29determined by balancing evidence of the facts identified in
30paragraph (1) of subdivision (b) of Section 18155 and considering
31any other relevant evidence, including, but not limited to, evidence
32of the facts identified in paragraph (2) of subdivision (b) of Section
3318155.

end insert
begin insert

34(2) An ex parte gun violence restraining order is necessary to
35prevent personal injury to himself, herself, or another person
36because less restrictive alternatives either have been tried and
37found to be ineffective, or have been determined to be inadequate
38or inappropriate for the circumstances of the subject of the petition.

end insert
begin delete

39(b)

end delete

P17   1begin insert(c)end insert An affidavit supporting a petition for the issuance of an ex
2parte gun violence restraining order shall set forth the facts tending
3to establish the grounds of the petition, or the reason for believing
4that they exist.

begin delete

5(c)

end delete

6begin insert(d)end insert An ex parte order under this chapter shall be issued or denied
7on the same day that the petition is submitted to the court, unless
8the petition is filed too late in the day to permit effective review,
9in which case the order shall be issued or denied on the next day
10of judicial business in sufficient time for the order to be filed that
11day with the clerk of the court.

12

begin delete18103.end delete
13begin insert18155.end insert  

(a) (1) Thebegin delete magistrate,end deletebegin insert court,end insert before issuing an ex
14parte gun violence restraining order, may examine on oath, the
15petitioner and any witness the petitioner may produce and shall
16take his or her affidavit in writing, and cause the affidavit to be
17signed by the parties making them.

18(2) In lieu of a written affidavit required by paragraph (1), the
19begin delete magistrateend deletebegin insert courtend insert may take an oral statement under oath using the
20procedures prescribed in Section 1526.

21(b) begin insert(1)end insertbegin insertend insert In determining whether grounds for a gun violence
22restraining order exist, thebegin delete magistrateend deletebegin insert courtend insert shall consider all
23evidence of the following:

begin delete

24(1)

end delete

25begin insert(A)end insert Abegin insert recentend insert threat of violence or act of violence by the subject
26of the petition directed toward another.

begin delete

27(2)

end delete

28begin insert(B)end insert Abegin insert recentend insert threat of violence or act of violence by the subject
29of the petition directed toward himself or herself.

begin delete

30(3)

end delete

31begin insert(C)end insert A violation of anbegin delete unexpiredend delete emergency protective order
32issued pursuant to Section 646.91 or Part 3 (commencing with
33Section 6240) of Division 10 of the Familybegin delete Code.end deletebegin insert Code that is in
34effect at the time the court is considering the petition.end insert

begin delete

35(4)

end delete

36begin insert(D)end insert Abegin insert recentend insert violation of an unexpired protective order issued
37pursuant to Part 4 (commencing with Section 6300) of Division
3810 of the Family Code, Section 136.2, Section 527.6 of the Code
39of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare
40and Institutions Code.

begin delete

P18   1(5)

end delete

2begin insert(E)end insert A conviction for any offense listed in Section 29805.

begin insert

3(F) A pattern of violent acts or violent threats within the past
412 months, including, but not limited to, threats of violence or acts
5of violence by the subject of the petition directed toward himself,
6herself, or another.

end insert
begin delete

7(c)

end delete

8begin insert(2)end insert In determining whether grounds for a gun violence
9 restraining order exist, thebegin delete magistrateend deletebegin insert courtend insert may consider any
10begin delete evidence of the following:end deletebegin insert other relevant evidence, including, but
11not limited to, evidence of any of the following:end insert

begin delete

12(1)

end delete

13begin insert(A)end insert The reckless use, display, or brandishing of a firearm by the
14subject of the petition.

begin delete

15(2)

end delete

16begin insert(B)end insert The history of use, attempted use, or threatened use of
17physical force by the subject of the petition against another person.

begin delete

18(3)

end delete

19begin insert(C)end insert Any prior arrest of the subject of the petition for a felony
20offense.

begin delete

21(4)

end delete

22begin insert(D)end insert Any history of a violation by the subject of the petition of
23an emergency protective order issued pursuant to Section 646.91
24or Part 3 (commencing with Section 6240) of Division 10 of the
25Family Code.

begin delete

26(5)

end delete

27begin insert(E)end insert Any history of a violation by the subject of the petition of
28a protective order issued pursuant to Part 4 (commencing with
29Section 6300) of Division 10 of the Family Code, Section 136.2,
30Section 527.6 of the Code of Civil Procedure, or Section 213.5 or
3115657.03 of the Welfare and Institutions Code.

begin delete

32(6)

end delete

33begin insert(F)end insert Evidence of recent or ongoing abuse of controlled substances
34or alcohol by the subject of the petition.

begin delete

35(7)

end delete

36begin insert(G)end insert Evidence of recent acquisition of firearms or other deadly
37weapons.

begin delete

38(8) The recency of any of the acts identified in subdivision (b)
39and this subdivision.

end delete
begin insert

P19   1(3) For the purposes of this subdivision, “recent” means within
2the six months prior to the date the petition was filed.

end insert
begin delete

3(d)

end delete

4begin insert(c)end insert If thebegin delete magistrateend deletebegin insert courtend insert determines that there is good cause
5to issue an ex parte gun violence restraining order,begin delete he or sheend deletebegin insert itend insert
6 shall issue an ex parte gun violence restraining order that prohibits
7the subject of the petition from having under his or her custody
8and control, owning, purchasing, possessing, or receiving, or
9attempting to purchase or receive, a firearm or ammunition, and
10expires no later than 14 days from the date of the order.

begin delete

11(e) (1) (A) The court shall notify the Department of Justice of
12the ex parte gun violence restraining order no later than 24 hours
13after issuing the order.

end delete
begin delete

14(B) The notice required to be submitted to the Department of
15Justice pursuant to this subdivision shall be submitted in an
16electronic format, in a manner prescribed by the department.

end delete
begin delete

17(2) The court shall notify the district attorney in the jurisdiction
18in which the ex parte gun violence restraining order was issued of
19the ex parte gun violence restraining order no later than 24 hours
20after issuing the order.

end delete
21

begin delete18104.end delete
22begin insert18160.end insert  

(a) An ex parte gun violence restraining order issued
23under this chapter shall include all of the following:

24(1) A statement of the grounds supporting the issuance of the
25order.

26(2) The date and time the order expires.

27(3) The address of the superior court for the district or county
28in which the restrained party resides.

begin insert

29(4) The date and time of the scheduled hearing.

end insert
begin delete

30(4)

end delete

31begin insert(5)end insert The following statement:


33“To the restrained person: This orderbegin delete will lastend deletebegin insert is validend insert until the
34begin insert expirationend insert date and time noted above. Youbegin insert are required to
35surrender all firearms and ammunition that you own to a local
36law enforcement agency in accordance with Section 18120 of the
37Penal Code and youend insert
may not have under your custody and control,
38own, purchase, possess, or receive, or attempt to purchase or
39receive a firearm or ammunition, while this order is in effect.begin delete You
40have the right to a hearing, scheduled by the court, within 14 days
P20   1following the issuance of this order to determine if you may have
2under your custody and control, own, possess, purchase, or receive
3a firearm or ammunition. end delete
begin insert A hearing will be held on the date and
4at the time noted above to determine if a more permanent gun
5violence restraining order should be issued. Failure to appear at
6that hearing may result in a court making an order against you
7that is valid for a year.end insert
You may seek the advice of an attorney as
8to any matter connected with the order. The attorney should be
9consulted promptly so that the attorney may assist you in any
10matter connected with the order.”


12(b) (1) An ex parte gun violence restraining order shall be
13served on the restrained person by a law enforcement officer, if
14the restrained person can reasonably be located.

15(2) When serving a gun violence restraining order, the law
16enforcement officer shall inform the restrained personbegin delete that he or
17she is entitled to a hearing, pursuant to Section 18105, and provide
18the restrained person with a form to request a hearing.end delete
begin insert of the
19hearing scheduled pursuant to Section 18165.end insert

begin delete

20(c) (1) Upon being served with an ex parte gun violence
21restraining order, the restrained person shall surrender to the local
22law enforcement agency any firearm or ammunition in the
23restrained person’s custody and control, or which the restrained
24person possesses or owns. When taking custody of a firearm or
25ammunition pursuant to this subdivision, the local law enforcement
26agency shall comply with the requirements of Section 33800.

end delete
begin delete

27(2) (A) The firearm or firearms or ammunition surrendered
28pursuant to this subdivision shall be retained by the law
29enforcement agency until the expiration of the ex parte gun
30violence restraining order. Upon expiration of the order, the firearm
31or firearms or ammunition shall be returned to the restrained person
32in accordance with the provisions of Chapter 2 (commencing with
33Section 33850) of Division 11 of Title 4. A firearm or ammunition
34that is not claimed shall be subject to the provisions of Section
3534000.

end delete
begin delete

36(B) A restrained person who owns a firearm or ammunition that
37is in the custody of a law enforcement agency pursuant to this
38subdivision, if the firearm is an otherwise legal firearm, and the
39restrained person otherwise has right to title of the firearm, shall
40be entitled to sell or transfer title of the firearm to a licensed dealer.

end delete
begin delete

P21   1(3) If a person other than the restrained person claims title to
2any firearms or ammunition surrendered pursuant to this
3subdivision, the firearm or firearms or ammunition shall be returned
4to the lawful owner pursuant to Chapter 2 (commencing with
5Section 33850) of Division 11 of Title 4.

end delete
begin delete
6

18105.  

(a) (1) A restrained person is entitled, upon his or her
7request, to a hearing to determine the validity of the order within
814 days after the date on the order before the court that issued the
9order or another court in that same jurisdiction.

10(2) If a restrained person does not request a hearing, the order
11shall expire on the date and time listed on the order.

12(b) At the hearing, the petitioner shall have the burden of proving
13that there is good cause to believe that the restrained person poses
14a significant risk of personal injury to himself, herself, or another
15by having under his or her custody and control, owning,
16purchasing, possessing, or receiving a firearm.

17(c) If it is found at the hearing that there is good cause to believe
18that the restrained person poses a significant risk of personal injury
19to himself, herself, or another by having under his or her custody
20and control, owning, purchasing, possessing, or receiving a firearm,
21the ex parte gun violence order shall stand.

22(d) If the court finds that the petitioner has not proven that there
23is good cause supporting the order, the court shall dissolve the
24order.

25(e) (1) (A) If the order has been dissolved pursuant to
26subdivision (d), the court shall submit a notice of that fact to the
27Department of Justice. Upon receipt of the notice, the Department
28of Justice shall, within 15 days, delete any reference to the ex parte
29gun violence restraining order from its records.

30(B) The notice required to be submitted to the Department of
31Justice pursuant to this subdivision shall be submitted in an
32electronic format, in a manner prescribed by the department.

33(2) If the order has been dissolved pursuant to subdivision (d),
34the court shall notify the district attorney in the jurisdiction in
35which the ex parte gun violence restraining order of that fact.

end delete
begin insert
36

begin insert18165.end insert  

Within 21 days after the date on the order, before the
37court that issued the order or another court in the same
38jurisdiction, the court shall hold a hearing pursuant to Section
3918175 to determine if a gun violence restraining order should be
40issued under Chapter 4 (commencing with Section 18170).

end insert

 

P16   1Chapter  begin delete3.end deletebegin insert4.end insert Gun Violence Restraining Order Issued
2After Notice and Hearing
3

 

begin delete
4

18106.  

The court may issue a gun violence restraining order
5after notice and a hearing when there is clear and convincing
6evidence that the subject of the petition poses a significant risk of
7personal injury to himself, herself, or another by having under his
8or her custody and control, owning, purchasing, possessing, or
9receiving a firearm as determined by balancing evidence of the
10facts identified in subdivision (b) of Section 18103 and, if the court
11elects to consider them, evidence of any of the facts identified in
12subdivision (c) of Section 18103.

end delete
begin insert
13

begin insert18170.end insert  

(a) An immediate family member, licensed therapist,
14or licensed health care provider of a person may request that a
15court, after notice and a hearing, issue a gun violence restraining
16order enjoining the subject of the petition from having under his
17or her custody and control, owning, purchasing, possessing, or
18receiving a firearm or ammunition for a period of one year.

19(b) For purposes of this subdivision, “immediate family
20member” has the same meaning as in Section 422.4.

end insert
21

begin delete18107.end delete
22begin insert18175.end insert  

(a) In determining whether to issue a gun violence
23restraining order under this chapter, the court shall consider
24evidence of the facts identified inbegin insert paragraph (1) ofend insert subdivision
25(b) of Sectionbegin delete 18103end deletebegin insert 18155end insert and may considerbegin delete evidence of any of
26the factsend delete
begin insert any other relevant evidence, including, but not limited
27to, evidence of the factsend insert
identified inbegin insert paragraph (2) ofend insert subdivision
28begin delete (c)end deletebegin insert (b)end insert of Sectionbegin delete 18103.end deletebegin insert 18155.end insert

29(b) At the hearing, the petitioner shall have the burden ofbegin deleteproving
30that there isend delete
begin insert proving, byend insert clear and convincingbegin delete evidence to believe
31that the subject of the petition poses a significant risk of personal
32injury to himself, herself, or another by having under his or her
33custody and control, owning, purchasing, possessing, or receiving
34a firearm.end delete
begin insert evidence, that both of the following are true:end insert

begin insert

35(1) There is a substantial likelihood that the subject of the
36petition, or a person subject to an ex parte gun violence restraining
37order, as applicable, will cause personal injury to himself, herself,
38or another by having under his or her custody and control, owning,
39purchasing, possessing, or receiving a firearm as determined by
40balancing evidence of the facts identified in paragraph (1) of
P23   1subdivision (b) of Section 18155 and considering any other relevant
2evidence, including, but not limited to, evidence, of the facts
3identified in paragraph (2) of subdivision (b) of Section 18155.

end insert
begin insert

4(2) A gun violence restraining order is necessary to prevent
5personal injury to the subject of the petition, or the person subject
6to an ex parte gun violence restraining order, as applicable, or
7another person because less restrictive alternatives either have
8been tried and found to be ineffective, or have been determined to
9be inadequate or inappropriate for the circumstances of the subject
10of the petition, or the person subject to an ex parte gun violence
11restraining order, as applicable.

end insert

12(c) begin insert(1)end insertbegin insertend insert Ifbegin delete the petition is supported byend deletebegin insert there isend insert clear and
13convincingbegin delete evidence,end deletebegin insert evidence to issue a gun violence restraining
14order, end insert
the court shall issue a gun violence restraining order that
15prohibits the subject of the petition from having under his or her
16custody and control, owning, purchasing, possessing, or receiving,
17or attempting to purchase or receive, a firearm or ammunition.

begin insert

18(2) If the court finds that there is not clear and convincing
19evidence to support the issuance of a gun violence restraining
20order, the court shall dissolve any emergency or ex parte gun
21violence restraining order then in effect.

end insert

22(d) The gun violence restraining order issued under this chapter
23shall have a duration of one year, subject to termination by further
24order of the court at a hearing held pursuant to Sectionbegin delete 18107end delete
25begin insert 18185end insert and renewal by further order of the court pursuant to Section
26begin delete 18109.end deletebegin insert 18190.end insert

27(e) (1) (A) The court shall notify the Department of Justice of
28the gun violence restraining order issued under this chapter no
29later thanbegin delete 24 hoursend deletebegin insert one court dayend insert after issuing the order.

30(B) The notice required to be submitted to the Department of
31Justice pursuant to this subdivision shall be submitted in an
32electronic format, in a manner prescribed by the department.

33(2) The court shall notify the district attorney in the jurisdiction
34in which the gun violence restraining order was issued that a gun
35violence restraining order issued under this chapter was issued no
36later thanbegin delete 24 hoursend deletebegin insert one court dayend insert after issuing the order.

37

begin delete18108.end delete
38begin insert18180.end insert  

(a) A gun violence restraining order issued pursuant
39to this chapter shall include all of the following:

P24   1(1) A statement of the grounds supporting the issuance of the
2order.

3(2) The date and time the order expires.

4(3) The address of the superior court for the district or county
5in which the restrained party resides.

6(4) The following statement:


8“To the restrained person: This order will last until the date and
9time noted above.begin insert If you have not done so already, you must
10surrender all firearms and ammunition that you own to a local
11law enforcement agency in accordance with Section 18120 of the
12Penal Code.end insert
You may not have under your custody and control,
13own, purchase, possess, or receive, or attempt to purchase or
14receive a firearm or ammunition, while this order is in effect.
15Pursuant to Sectionbegin delete 18109,end deletebegin insert 18185,end insert you have the right to request
16one hearing to terminate this order at any time during its effective
17period. You may seek the advice of an attorney as to any matter
18connected with the order.”


20(b) When the court issues a gun violence restraining order under
21this chapter, the court shall inform the restrained person that he or
22she is entitled to one hearing to request a termination of the order,
23pursuant to Sectionbegin delete 18109,end deletebegin insert 18185,end insert and shall provide the restrained
24person with a form to request a hearing.

begin delete

25(c) (1) Upon issuance of a gun violence restraining order issued
26under this chapter, the restrained person shall surrender to the local
27law enforcement agency any firearm or ammunition in the
28restrained person’s custody and control, or which the restrained
29person possesses or owns. When taking custody of a firearm or
30ammunition pursuant to this subdivision, the local law enforcement
31agency shall comply with the requirements of Section 33800.

end delete
begin delete

32(2) (A) The firearm or firearms or ammunition surrendered
33pursuant to this subdivision shall be retained by the law
34enforcement agency until the expiration of the gun violence
35restraining order. Upon expiration of the order, the firearm or
36firearms or ammunition shall be returned to the restrained person
37in accordance with the provisions of Chapter 2 (commencing with
38Section 33850) of Division 11 of Title 4. A firearm or ammunition
39that is not claimed shall be subject to the provisions of Section
4034000.

end delete
begin delete

P25   1(B) A restrained person who owns a firearm or ammunition that
2is in the custody of a law enforcement agency pursuant to this
3subdivision, if the firearm is an otherwise legal firearm, and the
4restrained person otherwise has right to title of the firearm, shall
5be entitled to sell or transfer title of the firearm to a licensed dealer.

end delete
begin delete

6(3) If a person other than the restrained person claims title to
7any firearms or ammunition surrendered pursuant to this
8subdivision, the firearm or firearms or ammunition shall be returned
9to the lawful owner pursuant to Chapter 2 (commencing with
10Section 33850) of Division 11 of Title 4.

end delete
11

begin delete18109.end delete
12begin insert18185.end insert  

(a) Abegin delete person described in subdivision (c) of Section
1318106,end delete
begin insert person subject to a gun violence restraining order issued
14under this chapter end insert
may submit one written request at any time
15during the effective period of the order for a hearingbegin delete for an order
16permitting the person to own, possess, purchase, or receive a
17firearm.end delete
begin insert to terminate the order.end insert

18(b) If the court finds after the hearing that there is no longer
19clear and convincing evidence to believe thatbegin delete the restrained person
20poses a significant risk of personal injury to himself, herself, or
21another by having under his or her custody and control, owning,
22purchasing, possessing, or receiving a firearm,end delete
begin insert paragraphs (1) and
23(2) of subdivision (b) of Section 18175 are true,end insert
the court shall
24terminate the order.

begin delete

25(c) (1) (A) If the order has been terminated pursuant to
26subdivision (b), the court shall submit a notice of that fact to the
27Department of Justice. Upon receipt of the notice, the Department
28of Justice shall, within 15 days, delete any reference to the gun
29violence restraining order from its records.

end delete
begin delete

30(B) The notice required to be submitted to the Department of
31Justice pursuant to this subdivision shall be submitted in an
32electronic format, in a manner prescribed by the department.

end delete
begin delete

33(2) If the order has been terminated pursuant to subdivision (b),
34the court shall notify the district attorney in the jurisdiction in
35which the gun violence restraining order of that fact.

end delete
begin delete
36

18110.  

(a) A

end delete
37begin insert

begin insert18190.end insert  

end insert
begin insert

(a) (1) An immediate family member, licensed
38therapist, or licensed health care provider may request a renewal
39of a gun violence restraining order at any time within the three
40months before the expiration of a gun violence restraining order.

end insert
begin insert

P26   1(2) For purposes of this subdivision, “immediate family
2member” has the same meaning as in Section 422.4.

end insert

3begin insert(b)end insertbegin insertend insertbegin insertAend insert court may, after notice and a hearing, renew a gun violence
4restraining order issued under this chapter ifbegin delete there isend deletebegin insert the petitioner
5proves, byend insert
clear and convincingbegin delete evidence that the restrained person
6continues to pose a significant risk of personal injury to himself,
7herself, or another by possessing a firearm.end delete
begin insert evidence, that
8paragraphs (1) and (2) of subdivision (b) of Section 18175 continue
9to be true.end insert

begin delete

10(b)

end delete

11begin insert(c)end insert In determining whether to renew a gun violence restraining
12order issued under this chapter, the court shall consider evidence
13of the facts identified inbegin insert paragraph (1) ofend insert subdivision (b) of Section
14begin delete 18103end deletebegin insert 18155end insert andbegin delete mayconsiderend deletebegin insert any other relevant evidence,
15including, but not limited to,end insert
evidence of any of the facts identified
16inbegin insert paragraph (2) ofend insert subdivisionbegin delete (c)end deletebegin insert (b)end insertof Sectionbegin delete 18103.end deletebegin insert 18155.end insert

begin delete

17(c)

end delete

18begin insert(d)end insert At the hearing, the petitioner shall have the burden of begin deleteproving
19that there is clear and convincing evidence to believe that the
20restrained person continues to pose a significant risk of personal
21injury to himself, herself, or another by having under his or her
22custody and control, owning, purchasing, possessing, or receiving
23a firearm.end delete
begin insert proving, by clear and convincing evidence, that
24paragraphs (1) and (2) of subdivision (b) of Section 18175 are
25true. end insert

begin delete

26(d)

end delete

27begin insert(e)end insert If the renewal petition is supported by clear and convincing
28evidence, the court shall renew the gun violence restraining order
29issued under this chapter.

begin delete

30(e)

end delete

31begin insert(f)end insert The renewal of a gun violence restraining order issued
32pursuant to this section shall have a duration of one year, subject
33to termination by further order of the court at a hearing held
34pursuant to Sectionbegin delete 18109end deletebegin insert 18185end insert and further renewal by further
35order of the court pursuant to this section.

begin delete

36(f)

end delete

37begin insert(g)end insert A gun violence restraining order renewed pursuant to this
38section shall include the information identified in subdivision (a)
39of Sectionbegin delete 18108.end deletebegin insert 18180.end insert

begin delete

P27   1(g) (1) (A) The court shall notify the Department of Justice
2that a gun violence restraining order issued under this chapter has
3been renewed no later than 24 hours after renewing the order.

end delete
begin delete

4(B) The notice required to be submitted to the Department of
5Justice pursuant to this subdivision shall be submitted in an
6electronic format, in a manner prescribed by the department.

end delete
begin delete

7(2) The court shall notify the district attorney in the jurisdiction
8in which the gun violence restraining order was renewed that a
9gun violence restraining order issued under this chapter was
10renewed no later than 24 hours after issuing the order.

end delete
11

begin delete18111.end delete
12begin insert18195.end insert  

Any hearing held pursuant to this chapter may be
13continued upon a showing of good cause.begin insert Any existing order issued
14pursuant to this division shall remain in full force and effect during
15the period of continuance.end insert

16 

17Chapter  begin delete4.end deletebegin insert5.end insert Offenses
18

 

19

begin delete18112.end delete
20begin insert18200.end insert  

Every person who files a petition for an ex parte gun
21violence restraining order pursuant to Chapterbegin delete 2end deletebegin insert 3end insert (commencing
22with Sectionbegin delete 18102)end deletebegin insert 18150)end insert or a gun violence restraining order
23issued after notice and a hearing pursuant to Chapterbegin delete 3end deletebegin insert 4end insert
24 (commencing with Sectionbegin delete 18106),end deletebegin insert 18170),end insert knowing the
25information in the petition to be false or with the intent to harass,
26is guilty of a misdemeanor.

27

begin delete18113.end delete
28begin insert18205.end insert  

Every person who violates an ex parte gun violence
29restraining order issued pursuant to Chapterbegin delete 2end deletebegin insert 3end insert (commencing with
30Sectionbegin delete 18102)end deletebegin insert 18150)end insert or a gun violence restraining order issued
31after notice and a hearing issued pursuant to Chapterbegin delete 3end deletebegin insert 4end insert
32 (commencing with Sectionbegin delete 18106),end deletebegin insert 18170),end insert is guilty of a
33misdemeanor and shall be prohibited from having under his or her
34custody and control, owning, purchasing, possessing, or receiving,
35or attempting to purchase or receive, a firearm or ammunition for
36a five-year period, to commence upon the expiration of the existing
37gun violence restraining order.

38

SEC. 4.  

Section 18250 of the Penal Code is amended to read:

39

18250.  

If any of the following persons is at the scene of a
40domestic violence incident involving a threat to human life or a
P28   1physical assault, is serving a protective order as defined in Section
26218 of the Family Code, is serving a gun violence restraining
3order issued pursuant to Division 3.2 (commencing with Section
418100), that person shall take temporary custody of any firearm
5or other deadly weapon in plain sight or discovered pursuant to a
6consensual or other lawful search as necessary for the protection
7of the peace officer or other persons present:

8(a) A sheriff, undersheriff, deputy sheriff, marshal, deputy
9marshal, or police officer of a city, as defined in subdivision (a)
10of Section 830.1.

11(b) A peace officer of the Department of the California Highway
12Patrol, as defined in subdivision (a) of Section 830.2.

13(c) A member of the University of California Police Department,
14as defined in subdivision (b) of Section 830.2.

15(d) An officer listed in Section 830.6, while acting in the course
16and scope of the officer’s employment as a peace officer.

17(e) A member of a California State University Police
18Department, as defined in subdivision (c) of Section 830.2.

19(f) A peace officer of the Department of Parks and Recreation,
20as defined in subdivision (f) of Section 830.2.

21(g) A peace officer, as defined in subdivision (d) of Section
22830.31.

23(h) A peace officer, as defined in subdivisions (a) and (b) of
24Section 830.32.

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

26(j) A sworn member of the Department of Justice who is a peace
27officer, as defined in Section 830.1.

28

SEC. 5.  

Section 8105 of the Welfare and Institutions Code is
29amended to read:

30

8105.  

(a) The Department of Justice shall request each public
31and private mental hospital, sanitarium, and institution to submit
32to the department information the department deems necessary to
33identify those persons who are subject to the prohibition specified
34by subdivision (a) of Section 8100, in order to carry out its duties
35in relation to firearms, destructive devices, and explosives.

36(b) Upon request of the Department of Justice pursuant to
37subdivision (a), each public and private mental hospital, sanitarium,
38and institution shall submit to the department information the
39department deems necessary to identify those persons who are
40subject to the prohibition specified by subdivision (a) of Section
P29   18100, in order to carry out its duties in relation to firearms,
2 destructive devices, and explosives.

3(c) A licensed psychotherapist shall report to a local law
4enforcement agency, within 24 hours, in a manner prescribed by
5the Department of Justice, the identity of a person subject to the
6prohibition specified by subdivision (b) of Section 8100. Upon
7receipt of the report, the local law enforcement agency, on a form
8prescribed by the Department of Justice, shall notify the department
9electronically, within 24 hours, in a manner prescribed by the
10department, of the person who is subject to the prohibition specified
11by subdivision (b) of Section 8100.

12(d) All information provided to the Department of Justice
13pursuant to this section shall be kept confidential, separate, and
14apart from all other records maintained by the department. The
15information provided to the Department of Justice pursuant to this
16section shall be used only for any of the following purposes:

17(1) By the department to determine eligibility of a person to
18acquire, carry, or possess firearms, destructive devices, or
19explosives.

20(2) For the purposes of the court proceedings described in
21subdivision (b) of Section 8100, to determine the eligibility of the
22person who is bringing the petition pursuant to paragraph (3) of
23subdivision (b) of Section 8100.

24(3) To determine the eligibility of a person to acquire, carry, or
25possess firearms, destructive devices, or explosives who is the
26subject of a criminal investigation, or who is the subject of a
27petition for the issuance of a gun violence restraining order issued
28pursuant to Division 3.2 (commencing with Section 18100) of
29Title 2 of Part 6 of the Penal Code, if a part of the investigation
30involves the acquisition, carrying, or possession of firearms,
31explosives, or destructive devices by that person.

32(e) Reports shall not be required or requested under this section
33if the same person has been previously reported pursuant to Section
348103 or 8104.

35begin insert

begin insertSEC. 6.end insert  

end insert
begin insert

The Legislature finds and declares that Section 3 of
36this act, which adds Section 18110 of the Penal Code, imposes a
37limitation on the public’s right of access to the meetings of public
38bodies or the writings of public officials and agencies within the
39meaning of Section 3 of Article I of the California Constitution.
40Pursuant to that constitutional provision, the Legislature makes
P30   1the following findings to demonstrate the interest protected by this
2limitation and the need for protecting that interest:

end insert
begin insert

3In order to protect the privacy rights of a person subject to a
4search pursuant to Section 18110 of the Penal Code.

end insert
5

begin deleteSEC. 6.end delete
6begin insertSEC. 7.end insert  

No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution for certain
8costs that may be incurred by a local agency or school district
9because, in that regard, this act creates a new crime or infraction,
10eliminates a crime or infraction, or changes the penalty for a crime
11or infraction, within the meaning of Section 17556 of the
12Government Code, or changes the definition of a crime within the
13meaning of Section 6 of Article XIII B of the California
14Constitution.

15However, if the Commission on State Mandates determines that
16this act contains other costs mandated by the state, reimbursement
17to local agencies and school districts for those costs shall be made
18pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.



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