Amended in Senate August 4, 2014

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.

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 therebegin delete are reasonable groundsend deletebegin insert is reasonable causeend insert to believe that the subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by havingbegin delete underend deletebegin insert inend insert his or her custodybegin delete andend deletebegin insert orend insert control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent personal injury to himself, herself, orbegin delete another person,end deletebegin insert another,end insert 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.

This bill would additionally 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 havingbegin delete underend deletebegin insert inend insert his or her custodybegin delete andend deletebegin insert orend insert control, owning, purchasing, possessing, or receiving, or attempting to purchase orbegin delete receiveend deletebegin insert receive,end insert a firearm or ammunition, as specified. The bill would require the ex parte order to expire no later thanbegin delete 14end deletebegin insert 21end insert days after the date on the order and would require 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 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 authorize a court to issue a gun violence restraining order prohibiting the subject of the petition from havingbegin delete underend deletebegin insert inend insert his or her custodybegin delete andend deletebegin insert orend insert control, owning, purchasing, possessing, or receiving, or attempting to purchase orbegin delete receiveend deletebegin insert receive,end insert a firearm or ammunition for a period of one year when there is clear and convincing evidence to believe that 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 havingbegin delete underend deletebegin insert inend insert his or her custodybegin delete andend deletebegin insert orend insert control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent personal injury to himself, herself, orbegin delete another person,end deletebegin insert another,end insert as specified. The bill wouldbegin delete authorizedend deletebegin insert authorizeend insert 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 would require a court, upon issuance of a gun violence restraining order, to order the restrained person to surrender to the local law enforcement agencybegin delete any firearm orend deletebegin insert all firearms andend insert ammunition in his or her custodybegin delete andend deletebegin insert orend insert control, or which he or she possesses or owns. The bill would require the local law enforcement agency to retain custody of the firearmbegin insert or firearmsend insert 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 when any gun violence restraining order has been issued, renewed, dissolved, or terminated.

The bill would make it a misdemeanor to file a petition forbegin delete aend deletebegin insert an ex parteend insert gun violence restrainingbegin delete order,end deletebegin insert order or a gun violence restraining order issued after notice and a hearing,end insert 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 havingbegin delete underend deletebegin insert inend insert his or her custodybegin delete andend deletebegin insert orend insert 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 arebegin delete a firearm orend delete firearms or ammunitionbegin insert or bothend insert thatbegin delete is in the custody and control of, or is owned or possessed by,end deletebegin insert are end insertbegin insertowned by, end insertbegin insert in the possession of, or in the custody or control of,end insert a person who is the subject of a gun violence restraining order. 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 that is in the restrained person’s custodybegin delete andend deletebegin insert orend insert control or possession, that is owned by the restrained person, or that is 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 the restrained person and one or more other persons.

(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 to make 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.

(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.

This bill would make legislative findings to that effect.

(6) 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
20of a person under 18 years of age, in violation of Section 311.11,
21has occurred or is occurring.

22(6) When there is a warrant to arrest a person.

23(7) When a provider of electronic communication service or
24remote computing service has records or evidence, as specified in
25Section 1524.3, showing that property was stolen or embezzled
26constituting a misdemeanor, or that property or things are in the
27possession of any person with the intent to use them as a means
28of committing a misdemeanor public offense, or in the possession
29of another to whom he or she may have delivered them for the
30purpose of concealing them or preventing their discovery.

P6    1(8) When the property or things to be seized include an item or
2any evidence that tends to show a violation of Section 3700.5 of
3the Labor Code, or tends to show that a particular person has
4violated Section 3700.5 of the Labor Code.

5(9) When the property or things to be seized include a firearm
6or any other deadly weapon at the scene of, or at the premises
7occupied or under the control of the person arrested in connection
8with, a domestic violence incident involving a threat to human life
9or a physical assault as provided in Section 18250. This section
10does not affect warrantless seizures otherwise authorized by Section
1118250.

12(10) When the property or things to be seized include a firearm
13or any other deadly weapon that is owned by, or in the possession
14of, or in the custody or control of, a person described in subdivision
15(a) of Section 8102 of the Welfare and Institutions Code.

16(11) When the property or things to be seized include a firearm
17that is owned by, or in the possession of, or in the custody or
18control of, a person who is subject to the prohibitions regarding
19firearms pursuant to Section 6389 of the Family Code, if a
20prohibited firearm is possessed, owned, in the custody of, or
21controlled by a person against whom a protective order has been
22issued pursuant to Section 6218 of the Family Code, the person
23has been lawfully served with that order, and the person has failed
24to relinquish the firearm as required by law.

25(12) When the information to be received from the use of a
26tracking device constitutes evidence that tends to show that either
27a felony, a misdemeanor violation of the Fish and Game Code, or
28a misdemeanor violation of the Public Resources Code has been
29committed or is being committed, tends to show that a particular
30person has committed a felony, a misdemeanor violation of the
31Fish and Game Code, or a misdemeanor violation of the Public
32Resources Code, or is committing a felony, a misdemeanor
33violation of the Fish and Game Code, or a misdemeanor violation
34of the Public Resources Code, or will assist in locating an
35individual who has committed or is committing a felony, a
36misdemeanor violation of the Fish and Game Code, or a
37misdemeanor violation of the Public Resources Code. A tracking
38device search warrant issued pursuant to this paragraph shall be
39executed in a manner meeting the requirements specified in
40subdivision (b) of Section 1534.

P7    1(13) When a sample of the blood of a person constitutes
2evidence that tends to show a violation of Section 23140, 23152,
3or 23153 of the Vehicle Code and the person from whom the
4sample is being sought has refused an officer’s request to submit
5to, or has failed to complete, a blood test as required by Section
623612 of the Vehicle Code, and the sample will be drawn from
7the person in a reasonable, medically approved manner. This
8paragraph is not intended to abrogate a court’s mandate to
9determine the propriety of the issuance of a search warrant on a
10case-by-case basis.

11(14) When the property or things to be seized arebegin delete a firearm orend delete
12 firearms or ammunitionbegin insert or bothend insert thatbegin delete is in the custody and control
13of, or is owned or possessed by,end delete
begin insert are owned by, in the possession
14of, or in the custody or control ofend insert
a person who is the subject of a
15gun violence restraining order that has been issued pursuant to
16Division 3.2 (commencing with Section 18100) of Title 2 of Part
176.

18(b) The property, things, person, or persons described in
19subdivision (a) may be taken on the warrant from any place, or
20from any person in whose possession the property or things may
21be.

22(c) Notwithstanding subdivision (a) or (b), no search warrant
23shall issue for any documentary evidence in the possession or
24under the control of any person who is a lawyer as defined in
25Section 950 of the Evidence Code, a physician as defined in Section
26990 of the Evidence Code, a psychotherapist as defined in Section
271010 of the Evidence Code, or a member of the clergy as defined
28in Section 1030 of the Evidence Code, and who is not reasonably
29 suspected of engaging or having engaged in criminal activity
30related to the documentary evidence for which a warrant is
31requested unless the following procedure has been complied with:

32(1) At the time of the issuance of the warrant, the court shall
33appoint a special master in accordance with subdivision (d) to
34accompany the person who will serve the warrant. Upon service
35of the warrant, the special master shall inform the party served of
36the specific items being sought and that the party shall have the
37opportunity to provide the items requested. If the party, in the
38judgment of the special master, fails to provide the items requested,
39the special master shall conduct a search for the items in the areas
40indicated in the search warrant.

P8    1(2) (A) If the party who has been served states that an item or
2items should not be disclosed, they shall be sealed by the special
3master and taken to court for a hearing.

4(B) At the hearing, the party searched shall be entitled to raise
5any issues that may be raised pursuant to Section 1538.5 as well
6as a claim that the item or items are privileged, as provided by
7law. The hearing shall be held in the superior court. The court shall
8provide sufficient time for the parties to obtain counsel and make
9any motions or present any evidence. The hearing shall be held
10within three days of the service of the warrant unless the court
11makes a finding that the expedited hearing is impracticable. In that
12case the matter shall be heard at the earliest possible time.

13(C) If an item or items are taken to court for a hearing, any
14limitations of time prescribed in Chapter 2 (commencing with
15Section 799) of Title 3 of Part 2 shall be tolled from the time of
16the seizure until the final conclusion of the hearing, including any
17associated writ or appellate proceedings.

18(3) The warrant shall, whenever practicable, be served during
19normal business hours. In addition, the warrant shall be served
20upon a party who appears to have possession or control of the
21items sought. If, after reasonable efforts, the party serving the
22warrant is unable to locate the person, the special master shall seal
23and return to the court, for determination by the court, any item
24that appears to be privileged as provided by law.

25(d) (1) As used in this section, a “special master” is an attorney
26who is a member in good standing of the California State Bar and
27who has been selected from a list of qualified attorneys that is
28maintained by the State Bar particularly for the purposes of
29conducting the searches described in this section. These attorneys
30shall serve without compensation. A special master shall be
31considered a public employee, and the governmental entity that
32caused the search warrant to be issued shall be considered the
33employer of the special master and the applicable public entity,
34for purposes of Division 3.6 (commencing with Section 810) of
35Title 1 of the Government Code, relating to claims and actions
36against public entities and public employees. In selecting the
37special master, the court shall make every reasonable effort to
38ensure that the person selected has no relationship with any of the
39parties involved in the pending matter. Any information obtained
P9    1by the special master shall be confidential and may not be divulged
2except in direct response to inquiry by the court.

3(2) In any case in which the magistrate determines that, after
4reasonable efforts have been made to obtain a special master, a
5special master is not available and would not be available within
6a reasonable period of time, the magistrate may direct the party
7seeking the order to conduct the search in the manner described
8in this section in lieu of the special master.

9(e) Any search conducted pursuant to this section by a special
10master may be conducted in a manner that permits the party serving
11the warrant or his or her designee to accompany the special master
12as he or she conducts his or her search. However, that party or his
13or her designee may not participate in the search nor shall he or
14she examine any of the items being searched by the special master
15except upon agreement of the party upon whom the warrant has
16been served.

17(f) As used in this section, “documentary evidence” includes,
18but is not limited to, writings, documents, blueprints, drawings,
19photographs, computer printouts, microfilms, X-rays, files,
20diagrams, ledgers, books, tapes, audio and video recordings, films,
21and papers of any type or description.

22(g) No warrant shall issue for any item or items described in
23Section 1070 of the Evidence Code.

24(h) Notwithstanding any other law, no claim of attorney work
25product as described in Chapter 4 (commencing with Section
262018.010) of Title 4 of Part 4 of the Code of Civil Procedure shall
27be sustained where there is probable cause to believe that the
28lawyer is engaging or has engaged in criminal activity related to
29the documentary evidence for which a warrant is requested unless
30it is established at the hearing with respect to the documentary
31evidence seized under the warrant that the services of the lawyer
32were not sought or obtained to enable or aid anyone to commit or
33plan to commit a crime or a fraud.

34(i) Nothing in this section is intended to limit an attorney’s
35ability to request an in camera hearing pursuant to the holding of
36the Supreme Court of California in People v. Superior Court (Laff)
37(2001) 25 Cal.4th 703.

38(j) In addition to any other circumstance permitting a magistrate
39to issue a warrant for a person or property in another county, when
40the property or things to be seized consist of any item or constitute
P10   1any evidence that tends to show a violation of Section 530.5, the
2magistrate may issue a warrant to search a person or property
3located in another county if the person whose identifying
4information was taken or used resides in the same county as the
5issuing court.

6(k) This section shall not be construed to create a cause of action
7against any foreign or California corporation, its officers,
8employees, agents, or other specified persons for providing location
9information.

10

SEC. 2.  

Section 1542.5 is added to the Penal Code, immediately
11following Section 1542, to read:

12

1542.5.  

Notwithstanding any other law, with regards to a search
13warrant issued upon the grounds specified in paragraph (14) of
14subdivision (a) of Section 1524, the following shall apply:

15(a) The law enforcement officer executing the warrant shall take
16custody of any firearm or ammunition that is in the restrained
17person’s custodybegin delete andend deletebegin insert orend insert control or possession, that is owned by
18the restrained person, or that is discovered pursuant to a consensual
19or other lawful search.

20(b) (1) If the location to be searched during the execution of
21the warrant is jointly occupied by the restrained person and one
22or more other persons and a law enforcement officer executing the
23warrant finds a firearm that is owned by a person other than the
24restrained person, the firearm shall not be seized if both of the
25following conditions are satisfied:

26(A) The firearm is stored in a manner that the restrained person
27does not have access to or control of the firearm.

28(B) There is no evidence of unlawful possession of the firearm
29by the owner of the firearm.

30(2) If the location to be searched during the execution of the
31warrant is jointly occupied by the restrained person and one or
32more other persons and a gun safe is located that is owned by a
33person other than the restrained person, the contents of the gun
34safe shall not be searched except in the owner’s presence, and with
35his or her consent or with a valid search warrant for the gun safe.

36

SEC. 3.  

Division 3.2 (commencing with Section 18100) is
37added to Title 2 of Part 6 of the Penal Code, to read:

 

P11   1Division 3.2.  Gun Violence Restraining Orders

2

2 

3Chapter  1. General
4

 

5

18100.  

A gun violence restraining order is an order, in writing,
6signed by the court, prohibiting a named person from havingbegin delete underend delete
7begin insert inend insert his or her custodybegin delete andend deletebegin insert orend insert control, owning, purchasing,
8possessing, or receiving any firearms or ammunition.

9

18105.  

(a) The Judicial Council shall prescribe the form of
10begin delete theend deletebegin insert petitions andend insert orders and any other documents required by this
11division and shall promulgate forms and instructions for applying
12for orders described in this division.

13(b) Any form to petition for a gun violence restraining order
14adopted pursuant to this section shall require the petitioner to
15describe the number, types, and locations of any firearms and
16ammunition presentlybegin delete knownend deletebegin insert believedend insert by the petitioner to be
17possessed or controlled by the subject of the petition.

18

18110.  

Prior to a hearing on the issuance, renewal, or
19termination of an order under Chapter 3 (commencing with Section
2018150) or Chapter 4 (commencing with Section 18170), the court
21shall ensure that a search as described in subdivision (a) of Section
226306 of the Family Code is conducted. After issuing its ruling, the
23court shall provide the advisement described in subdivision (c) of
24Section 6306 of the Family Code and shall keep information
25obtained from a search conducted pursuant to this section
26confidential in accordance with subdivision (d) of Section 6306
27of the Family Code.

28

18115.  

(a) (1) (A) The court shall notify the Department of
29Justice when a gun violence restraining order has been issued or
30renewed under this division no later than one court day after issuing
31or renewing the order.

32(B) The court shall notify the Department of Justice when a gun
33violence restraining order has been dissolved or terminated under
34this division no later than five court days after dissolving or
35terminating the order. Upon receipt of either of these notices, the
36Department of Justice shall, within 15 days, delete any reference
37to the gun violence restraining order from its records.

38(2) The notices required to be submitted to the Department of
39Justice pursuant to paragraph (1) shall be submitted in an electronic
40format, in a manner prescribed by the department.

P12   1(b) (1) The court shall notify the district attorney in the
2jurisdiction in which a gun violence restraining order was issued
3when a gun violence order has been issued or renewed under this
4division no later than one court day after issuing or renewing the
5order.

6(2) The court shall notify the district attorney in the jurisdiction
7in which a gun violence restraining order was dissolved or
8terminated when a gun violence restraining order has been
9dissolved or terminated under this division, no later than five court
10days after dissolving or terminating the order.

11

18120.  

(a) A person subject to a gun violence restraining order
12issued pursuant to this division shall not havebegin delete underend deletebegin insert inend insert his or her
13custodybegin delete andend deletebegin insert orend insert control, own, purchase, possess, or receivebegin delete a firearmend delete
14begin insert any firearmsend insert or ammunition while that order is in effect.

15(b) (1) Upon issuance of a gun violence restraining order issued
16pursuant to this division, the court shall order the restrained person
17to surrender to the local law enforcement agencybegin delete any firearm orend delete
18begin insert all firearms andend insert ammunition in the restrained person’s custody
19begin delete andend deletebegin insert orend insert control, or which the restrained person possesses or owns.

20(2) The surrender ordered pursuant to paragraph (1) shall occur
21by immediately surrenderingbegin delete the firearm orend deletebegin insert all firearms andend insert
22 ammunition in a safe manner, upon request of any law enforcement
23officer, to the control of the officer, after being served with the
24begin delete protectiveend deletebegin insert restrainingend insert order. A law enforcement officer serving a
25gun violence restraining order that indicates that the restrained
26person possessesbegin delete a firearmend deletebegin insert any firearmsend insert or ammunition shall
27request that begin delete the firearm orend delete begin insert all firearms andend insert ammunition be
28immediately surrendered. Alternatively, if no request is made by
29a law enforcement officer, the surrender shall occur within 24
30hours of being served with the order, by either surrenderingbegin delete the
31firearm orend delete
begin insert all firearms andend insert ammunition in a safe manner to the
32control of the local law enforcement agency, or by sellingbegin delete the
33firearm orend delete
begin insert all firearms andend insert ammunition to a licensed gun dealer,
34as specified in Article 1 (commencing with Section 26700) and
35Article 2 (commencing with Section 26800) of Chapter 2 of
36Division 6 of Title 4 of Part 6 of the Penal Code. The law
37enforcement officer or licensed gun dealer taking possession of
38begin delete the firearmend deletebegin insert any firearmsend insert or ammunition pursuant to this subdivision
39shall issue a receipt to the person surrendering the firearmbegin insert or
40firearmsend insert
or ammunitionbegin insert or bothend insert at the time of surrender. A person
P13   1ordered to surrenderbegin delete a firearm orend deletebegin insert all firearms andend insert ammunition
2pursuant to this subdivision shall, within 48 hours after being
3served with the order, do both of the following:

4(A) File, with the court that issued the gun violence restraining
5order, the receipt showingbegin delete the firearm orend deletebegin insert all firearms andend insert
6 ammunitionbegin delete wasend deletebegin insert have beenend insert surrendered to a local law enforcement
7agency or sold to a licensed gun dealer. Failure to timely file a
8receipt shall constitute a violation of thebegin delete protectiveend deletebegin insert restrainingend insert
9 order.

10(B) File a copy of the receipt described in subparagraph (A)
11with the law enforcement agency that served the gun violence
12restraining order. Failure to timely file a copy of the receipt shall
13constitute a violation of thebegin delete protectiveend deletebegin insert restrainingend insert order.

14(c) (1) begin deleteThe firearm or end deletebegin insertAny end insertfirearms or ammunition surrendered
15to a law enforcement officer or law enforcement agency pursuant
16to this section shall be retained by the law enforcement agency
17until the expiration of any gun violence restraining order that has
18been issued against the restrained person. Upon expiration of any
19order,begin delete the firearm orend deletebegin insert anyend insert firearms or ammunition shall be returned
20to the restrained person in accordance with the provisions of
21Chapter 2 (commencing with Section 33850) of Division 11 of
22Title 4.begin delete A firearm orend deletebegin insert Firearms orend insert ammunition thatbegin delete isend deletebegin insert areend insert not
23claimedbegin delete isend deletebegin insert areend insert subject to the requirements of Section 34000.

24(2) A restrained person who ownsbegin delete a firearmend deletebegin insert any firearmsend insert or
25ammunition thatbegin delete isend deletebegin insert areend insert in the custody of a law enforcement agency
26pursuant to this section and who does not wish to have the firearm
27begin insert or firearms or ammunitionend insert returnedbegin delete shall beend deletebegin insert isend insert entitled to sell or
28transfer title ofbegin delete the firearmend deletebegin insert any firearms or ammunitionend insert to a
29licensed dealer provided that the firearmbegin delete is anend deletebegin insert or firearms or
30ammunition end insert
begin insertareend insert otherwise legalbegin delete firearmend deletebegin insert to own or possessend insert and the
31restrained person otherwise has right to title of thebegin delete firearm.end deletebegin insert firearm
32or firearms or ammunitionend insert
begin insert.end insert

33(d) If the restrained person declines to relinquish possession of
34anybegin delete firearmend deletebegin insert firearms or ammunitionend insert based on the assertion of the
35right against self-incrimination, as provided by the Fifth
36Amendment to the United States Constitution and Section 15 of
37Article I of the California Constitution, the courtbegin delete mayend deletebegin insert may, end insertbegin insertafter
38prior notice to the district attorney,end insert
grant use immunity for the act
39of relinquishing thebegin delete firearmend deletebegin insert firearms or ammunitionend insert required under
40this section.

P14   1(e) If a person other than the restrained person claims title to
2anybegin delete firearmend deletebegin insert firearmsend insert or ammunition surrendered pursuant to this
3section, and he or she is determined by the law enforcement agency
4to be the lawful owner of the firearmbegin insert or firearmsend insert or ammunition,
5the firearmbegin insert or firearmsend insert or ammunition shall be returned to the him
6or her pursuant to Chapter 2 (commencing with Section 33850)
7of Division 11 of Title 4.

8 

9Chapter  2. Emergency Gun Violence Restraining Order
10

 

11

18125.  

(a) An emergency gun violence restraining order may
12be issued only if a law enforcement officer asserts, and a judicial
13officer finds, both of the following:

14(1) Thatbegin delete reasonable grounds have been assertedend deletebegin insert there is
15reasonable causeend insert
to believe that the subject of the petition poses
16an immediate and present danger of causing personal injury to
17himself, herself, or another by havingbegin delete underend deletebegin insert inend insert his or her custody
18begin delete andend deletebegin insert orend insert control, owning, purchasing, possessing, or receiving a
19firearm.

20(2) That an emergency gun violence restraining order is
21necessary to prevent personal injury to himself, herself, or another
22begin delete personend delete because less restrictive alternatives either have been tried
23and found to be ineffective, or have been determined to be
24inadequate or inappropriate for the circumstances of the subject
25of the petition.

26(b) An emergency gun violence restraining order issued pursuant
27to this chapter shall prohibit the subject of the petition from having
28begin delete underend deletebegin insert inend insert his or her custodybegin delete andend deletebegin insert orend insert control, owning, purchasing,
29possessing, or receiving, or attempting to purchase or receive, a
30firearm or ammunition, and shall expire 14 days from the date of
31the order.

32

18130.  

An emergency gun violence restraining order is valid
33only if it is issued by a judicial officer after making the findings
34required by Section 18125 and pursuant to a specific request by a
35law enforcement officer.

36

18135.  

An emergency gun violence restraining order issued
37under this chapter shall include all of the following:

38(a) A statement of the grounds supporting the issuance of the
39order.

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

P15   1(c) The address of the superior court for thebegin delete district orend delete county
2in which the restrained party resides.

3(d) The following statement:


5“To the restrained person: This order will last until the date and
6time noted above. You are required to surrender all firearms and
7ammunition that you own to a local law enforcement agency in
8accordance with Section 18120 of the Penal Code and you may
9not havebegin delete underend deletebegin insert inend insert your custodybegin delete andend deletebegin insert orend insert control, own, purchase,
10possess, or receive, or attempt to purchase or receive a firearm or
11ammunition, while this order is in effect. However, abegin insert moreend insert
12 permanent gun violence restraining order may be obtained from
13the court. You may seek the advice of an attorney as to any matter
14connected with the order. The attorney should be consulted
15promptly so that the attorney may assist you in any matter
16connected with the order.”


18

18140.  

A law enforcement officer who requests an emergency
19gun violence restraining order shall do all of the following:

20(a) If the order is obtained orally, memorialize the orderbegin delete in
21writing and sign it.end delete
begin insert of the court on the form approved by the
22Judicial Council.end insert

23(b) Serve the order on the restrained person, if the restrained
24person can reasonably be located.

25(c) File a copy of the order with the court as soon as practicable
26after issuance.

27(d) Have the order entered into the computer database system
28for protective and restraining orders maintained by the Department
29of Justice.

30

18145.  

The presiding judge of the superior court in each county
31shall designate at least one judge, commissioner, or referee to be
32reasonably available to issue orally, by telephone or otherwise,
33emergency gun violence restraining orders at all times whether or
34not the court is in session.

35 

36Chapter  3. Ex Parte Gun Violence Restraining Order
37

 

38

18150.  

(a) (1) An immediate familybegin delete member, licenced
39therapist, or licensed health care providerend delete
begin insert memberend insert of a personbegin insert or
40a law enforcement officerend insert
may file a petition requesting that the
P16   1court issue an ex parte gun violence restraining order enjoining
2the subject of the petition from havingbegin delete underend deletebegin insert inend insert his or her custody
3begin delete andend deletebegin insert orend insert control, owning, purchasing, possessing, or receiving a
4firearm or ammunition.

5(2) For purposes of this subdivision, “immediate family
6member” has the same meaning as in Section 422.4.

7(b) A court may issue an ex parte gun violence restraining order
8if the petition, supported by an affidavit made in writing and signed
9by the petitioner under oath, or an oral statement taken pursuant
10to paragraph (2) of subdivision (a) of Section 18155, and any
11additional information provided to the court show good cause to
12believe that both of the following are true:

13(1) There is a substantial likelihood that the subject of the
14petition will, in the near future, cause personal injury to himself,
15herself, or another by havingbegin delete underend deletebegin insert inend insert his or her custodybegin delete andend deletebegin insert orend insert
16 control, owning, purchasing, possessing, or receiving a firearm as
17determined bybegin delete balancing evidence of the facts identified in
18paragraph (1) of subdivision (b) of Section 18155 and considering
19any other relevant evidence, including, but not limited to, evidence
20of the facts identified in paragraph (2) of subdivision (b) of Section
2118155.end delete
begin insert considering the factors listed in Section 18155 and any
22other relevant evidence.end insert

23(2) An ex parte gun violence restraining order is necessary to
24prevent personal injury to himself, herself, or anotherbegin delete personend delete
25 because less restrictive alternatives either have been tried and
26found to be ineffective, orbegin delete have been determined to beend deletebegin insert areend insert
27 inadequate or inappropriate for the circumstances of the subject
28of the petition.

29(c) An affidavit supporting a petition for the issuance of an ex
30parte gun violence restraining order shall set forth the facts tending
31to establish the grounds of the petition, or the reason for believing
32that they exist.

33(d) An ex parte order under this chapter shall be issued or denied
34on the same day that the petition is submitted to the court, unless
35the petition is filed too late in the day to permit effective review,
36in which case the order shall be issued or denied on the next day
37of judicial business in sufficient time for the order to be filed that
38day with the clerk of the court.

39

18155.  

(a) (1) The court, before issuing an ex parte gun
40violence restraining order, may examine on oath, the petitioner
P17   1and any witness the petitioner may produce and shall take his or
2her affidavit in writing, and cause the affidavit to be signed by the
3parties making them.

4(2) In lieu of a written affidavit required by paragraph (1), the
5court may take an oral statement under oath using the procedures
6prescribed in Section 1526.

7(b) (1) In determining whether grounds for a gun violence
8restraining order exist, the court shall consider all evidence of the
9following:

10(A) A recent threat of violence or act of violence by the subject
11of the petition directed toward another.

12(B) A recent threat of violence or act of violence by the subject
13of the petition directed toward himself or herself.

14(C) A violation of an emergency protective order issued pursuant
15to Section 646.91 or Part 3 (commencing with Section 6240) of
16Division 10 of the Family Code that is in effect at the time the
17court is considering the petition.

18(D) A recent violation of an unexpired protective order issued
19pursuant to Part 4 (commencing with Section 6300) of Division
2010 of the Family Code, Section 136.2, Section 527.6 of the Code
21of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare
22and Institutions Code.

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

24(F) A pattern of violent acts or violent threats within the past
2512 months, including, but not limited to, threats of violence or acts
26of violence by the subject of the petition directed toward himself,
27herself, or another.

28(2) In determining whether grounds for a gun violence
29restraining order exist, the court may consider any otherbegin delete relevant
30evidence,end delete
begin insert evidence of an increased risk for violence,end insert including,
31but not limited to, evidence of any of the following:

32(A) The reckless use, display, or brandishing of a firearm by
33the subject of the petition.

34(B) The history of use, attempted use, or threatened use of
35physical force by the subject of the petition against another person.

36(C) Any prior arrest of the subject of the petition for a felony
37offense.

38(D) Any history of a violation by the subject of the petition of
39an emergency protective order issued pursuant to Section 646.91
P18   1or Part 3 (commencing with Section 6240) of Division 10 of the
2Family Code.

3(E) Any history of a violation by the subject of the petition of
4a protective order issued pursuant to Part 4 (commencing with
5Section 6300) of Division 10 of the Family Code, Section 136.2,
6Section 527.6 of the Code of Civil Procedure, or Section 213.5 or
715657.03 of the Welfare and Institutions Code.

8(F) Evidence of recent or ongoing abuse of controlled substances
9or alcohol by the subject of the petition.

10(G) Evidence of recent acquisition of firearms or other deadly
11weapons.

12(3) For the purposes of this subdivision, “recent” means within
13the six months prior to the date the petition was filed.

14(c) If the court determines that there is good cause to issue an
15ex parte gun violence restraining order, it shall issue an ex parte
16gun violence restraining order that prohibits the subject of the
17petition from havingbegin delete underend deletebegin insert inend insert his or her custodybegin delete andend deletebegin insert orend insert control,
18owning, purchasing, possessing, or receiving, or attempting to
19purchase or receive, a firearm or ammunition, and expires no later
20thanbegin delete 14end deletebegin insert 21end insert days from the date of the order.

21

18160.  

(a) An ex parte gun violence restraining order issued
22under this chapter shall include all of the following:

23(1) A statement of the grounds supporting the issuance of the
24order.

25(2) The date and time the order expires.

26(3) The address of the superior courtbegin delete for the district or county
27in which the restrained party resides.end delete
begin insert in which any responsive
28pleading should be filed.end insert

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

30(5) The following statement:


32“To the restrained person: This order is valid until the expiration
33date and time noted above. You are required to surrender all
34firearms and ammunition that you own to a local law enforcement
35agency in accordance with Section 18120 of the Penal Code and
36you may not havebegin delete underend deletebegin insert inend insert your custodybegin delete andend deletebegin insert orend insert control, own,
37purchase, possess, or receive, or attempt to purchase or receive a
38firearm or ammunition, while this order is in effect. A hearing will
39be held on the date and at the time noted above to determine if a
40more permanent gun violence restraining order should be issued.
P19   1Failure to appear at that hearing may result in a court making an
2order against you that is valid for a year. You may seek the advice
3of an attorney as to any matter connected with the order. The
4attorney should be consulted promptly so that the attorney may
5assist you in any matter connected with the order.”


7(b) (1) An ex parte gun violence restraining order shall be
8served on the restrained person by a law enforcement officer, if
9the restrained person can reasonably be located.

10(2) When serving a gun violence restraining order, the law
11enforcement officer shall inform the restrained person of the
12hearing scheduled pursuant to Section 18165.

13

18165.  

Within 21 days after the date on the order, before the
14court that issued the order or another court in the same jurisdiction,
15the court shall hold a hearing pursuant to Section 18175 to
16determine if a gun violence restraining order should be issued
17under Chapter 4 (commencing with Section 18170).

18 

19Chapter  4. Gun Violence Restraining Order Issued After
20Notice and Hearing
21

 

22

18170.  

(a) An immediate familybegin delete member, licensed therapist,
23or licensed health care providerend delete
begin insert memberend insert of a personbegin insert or a law
24enforcement officerend insert
may request that a court, after notice and a
25hearing, issue a gun violence restraining order enjoining the subject
26of the petition from havingbegin delete underend deletebegin insert inend insert his or her custodybegin delete andend deletebegin insert orend insert
27 control, owning, purchasing, possessing, or receiving a firearm or
28ammunition for a period of one year.

29(b) For purposes of this subdivision, “immediate family
30member” has the same meaning as in Section 422.4.

31

18175.  

(a) In determining whether to issue a gun violence
32restraining order under this chapter, the court shall consider
33evidence of the facts identified in paragraph (1) of subdivision (b)
34of Section 18155 and may consider any otherbegin delete relevant evidence,end delete
35begin insert evidence of an increased risk for violence,end insert including, but not
36limited to, evidence of the facts identified in paragraph (2) of
37subdivision (b) of Section 18155.

38(b) At the hearing, the petitioner shall have the burden of
39proving, by clear and convincing evidence, that both of the
40following are true:

P20   1(1) There is a substantial likelihood that the subject of the
2petition, or a person subject to an ex parte gun violence restraining
3order, as applicable, will cause personal injury to himself, herself,
4or another by havingbegin delete underend deletebegin insert inend insert his or her custodybegin delete andend deletebegin insert orend insert control,
5owning, purchasing, possessing, or receiving a firearm as
6determined bybegin delete balancing evidence of the facts identified in
7paragraph (1) of subdivision (b) of Section 18155 and considering
8any other relevant evidence, including, but not limited to, evidence,
9of the facts identified in paragraph (2) of subdivision (b) of Section
1018155.end delete
begin insert considering the factors listed in Section 18155 and any
11other relevant evidence.end insert

12(2) A gun violence restraining order is necessary to prevent
13personal injury to the subject of the petition, or the person subject
14to an ex parte gun violence restraining order, as applicable, or
15anotherbegin delete personend delete because less restrictive alternatives either have
16been tried and found to be ineffective, orbegin delete have been determined to
17beend delete
begin insert areend insert inadequate or inappropriate for the circumstances of the
18subject of the petition, or the person subject to an ex parte gun
19violence restraining order, as applicable.

20(c) (1) If there is clear and convincing evidence to issue a gun
21violence restraining order, the court shall issue a gun violence
22restraining order that prohibits the subject of the petition from
23havingbegin delete underend deletebegin insert inend insert his or her custodybegin delete andend deletebegin insert orend insert control, owning,
24purchasing, possessing, or receiving, or attempting to purchase or
25receive, a firearm or ammunition.

26(2) If the court finds that there is not clear and convincing
27evidence to support the issuance of a gun violence restraining
28order, the court shall dissolve any emergency or ex parte gun
29violence restraining order then in effect.

30(d) The gun violence restraining order issued under this chapter
31shall have a duration of one year, subject to termination by further
32order of the court at a hearing held pursuant to Section 18185 and
33renewal by further order of the court pursuant to Section 18190.

begin delete

34(e) (1) (A) The court shall notify the Department of Justice of
35the gun violence restraining order issued under this chapter no
36later than one court day after issuing the order.

37(B) The notice required to be submitted to the Department of
38Justice pursuant to this subdivision shall be submitted in an
39electronic format, in a manner prescribed by the department.

P21   1(2) The court shall notify the district attorney in the jurisdiction
2in which the gun violence restraining order was issued that a gun
3violence restraining order issued under this chapter was issued no
4later than one court day after issuing the order.

end delete
5

18180.  

(a) A gun violence restraining order issued pursuant
6to this chapter shall include all of the following:

7(1) A statement of the grounds supporting the issuance of the
8order.

9(2) The date and time the order expires.

10(3) The address of the superior court for thebegin delete district orend delete county
11in which the restrained party resides.

12(4) The following statement:


14“To the restrained person: This order will last until the date and
15time noted above. If you have not done so already, you must
16surrender all firearms and ammunition that you own to a local law
17enforcement agency in accordance with Section 18120 of the Penal
18Code. You may not havebegin delete underend deletebegin insert inend insert your custodybegin delete andend deletebegin insert orend insert control,
19own, purchase, possess, or receive, or attempt to purchase or
20receive a firearm or ammunition, while this order is in effect.
21Pursuant to Section 18185, you have the right to request one
22hearing to terminate this order at any time during its effective
23period. You may seek the advice of an attorney as to any matter
24connected with the order.”


26(b) When the court issues a gun violence restraining order under
27this chapter, the court shall inform the restrained person that he or
28she is entitled to one hearing to request a termination of the order,
29pursuant to Section 18185, and shall provide the restrained person
30with a form to request a hearing.

31

18185.  

(a) A person subject to a gun violence restraining order
32issued under this chapter may submit one written request at any
33time during the effective period of the order for a hearing to
34terminate the order.

35(b) If the court finds after the hearing that there is no longer
36clear and convincing evidence to believe that paragraphs (1) and
37(2) of subdivision (b) of Section 18175 are true, the court shall
38terminate the order.

39

18190.  

(a) (1) An immediate familybegin delete member, licensed
40therapist, or licensed health care providerend delete
begin insert member of a restrained
P22   1person or a law enforcement officerend insert
may request a renewal of a
2gun violence restraining order at any time within the three months
3before the expiration of a gun violence restraining order.

4(2) For purposes of this subdivision, “immediate family
5member” has the same meaning as in Section 422.4.

6(b) A court may, after notice and a hearing, renew a gun violence
7 restraining order issued under this chapter if the petitioner proves,
8by clear and convincing evidence, that paragraphs (1) and (2) of
9subdivision (b) of Section 18175 continue to be true.

10(c) In determining whether to renew a gun violence restraining
11order issued under this chapter, the court shall consider evidence
12of the facts identified in paragraph (1) of subdivision (b) of Section
1318155 and any otherbegin delete relevant evidence,end deletebegin insert evidence of an increased
14risk for violence,end insert
including, but not limited to, evidence of any of
15the facts identified in paragraph (2) of subdivision (b) of Section
1618155.

17(d) At the hearing, the petitioner shall have the burden of
18proving, by clear and convincing evidence, that paragraphs (1)
19and (2) of subdivision (b) of Section 18175 are true.

20(e) If the renewal petition is supported by clear and convincing
21evidence, the court shall renew the gun violence restraining order
22issued under this chapter.

23(f) The renewal of a gun violence restraining order issued
24pursuant to this section shall have a duration of one year, subject
25to termination by further order of the court at a hearing held
26pursuant to Section 18185 and further renewal by further order of
27the court pursuant to this section.

28(g) A gun violence restraining order renewed pursuant to this
29section shall include the information identified in subdivision (a)
30of Section 18180.

31

18195.  

Any hearing held pursuant to this chapter may be
32continued upon a showing of good cause. Any existing order issued
33pursuant to this division shall remain in full force and effect during
34the period of continuance.

35 

36Chapter  5. Offenses
37

 

38

18200.  

Every person who files a petition for an ex parte gun
39violence restraining order pursuant to Chapter 3 (commencing
40with Section 18150) or a gun violence restraining order issued
P23   1after notice and a hearing pursuant to Chapter 4 (commencing with
2Section 18170), knowing the information in the petition to be false
3or with the intent to harass, is guilty of a misdemeanor.

4

18205.  

Every person who violates anbegin insert emergency gun violence
5restraining order issued pursuant to Chapter 2 (commencing with
6Section 18125), anend insert
ex parte gun violence restraining order issued
7pursuant to Chapter 3 (commencing with Sectionbegin delete 18150)end deletebegin insert 18150),end insert
8 or a gun violence restraining order issued after notice and a hearing
9issued pursuant to Chapter 4 (commencing with Section 18170),
10is guilty of a misdemeanor and shall be prohibited from having
11begin delete underend deletebegin insert inend insert his or her custodybegin delete andend deletebegin insert orend insert control, owning, purchasing,
12possessing, or receiving, or attempting to purchase or receive, a
13firearm or ammunition for a five-year period, to commence upon
14the expiration of the existing gun violence restraining order.

15

SEC. 4.  

Section 18250 of the Penal Code is amended to read:

16

18250.  

If any of the following persons is at the scene of a
17domestic violence incident involving a threat to human life or a
18physical assault, is serving a protective order as defined in Section
196218 of the Family Code, is serving a gun violence restraining
20order issued pursuant to Division 3.2 (commencing with Section
2118100), that person shall take temporary custody of any firearm
22or other deadly weapon in plain sight or discovered pursuant to a
23consensual or other lawful search as necessary for the protection
24of the peace officer or other persons present:

25(a) A sheriff, undersheriff, deputy sheriff, marshal, deputy
26marshal, or police officer of a city, as defined in subdivision (a)
27of Section 830.1.

28(b) A peace officer of the Department of the California Highway
29Patrol, as defined in subdivision (a) of Section 830.2.

30(c) A member of the University of California Police Department,
31as defined in subdivision (b) of Section 830.2.

32(d) An officer listed in Section 830.6, while acting in the course
33and scope of the officer’s employment as a peace officer.

34(e) A member of a California State University Police
35Department, as defined in subdivision (c) of Section 830.2.

36(f) A peace officer of the Department of Parks and Recreation,
37as defined in subdivision (f) of Section 830.2.

38(g) A peace officer, as defined in subdivision (d) of Section
39830.31.

P24   1(h) A peace officer, as defined in subdivisions (a) and (b) of
2Section 830.32.

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

4(j) A sworn member of the Department of Justice who is a peace
5officer, as defined in Section 830.1.

6

SEC. 5.  

Section 8105 of the Welfare and Institutions Code is
7amended to read:

8

8105.  

(a) The Department of Justice shall request each public
9and private mental hospital, sanitarium, and institution to submit
10to the department information the department deems necessary to
11identify those persons who are subject to the prohibition specified
12by subdivision (a) of Section 8100, in order to carry out its duties
13in relation to firearms, destructive devices, and explosives.

14(b) Upon request of the Department of Justice pursuant to
15subdivision (a), each public and private mental hospital, sanitarium,
16and institution shall submit to the department information the
17department deems necessary to identify those persons who are
18subject to the prohibition specified by subdivision (a) of Section
198100, in order to carry out its duties in relation to firearms,
20 destructive devices, and explosives.

21(c) A licensed psychotherapist shall report to a local law
22enforcement agency, within 24 hours, in a manner prescribed by
23the Department of Justice, the identity of a person subject to the
24prohibition specified by subdivision (b) of Section 8100. Upon
25receipt of the report, the local law enforcement agency, on a form
26prescribed by the Department of Justice, shall notify the department
27electronically, within 24 hours, in a manner prescribed by the
28department, of the person who is subject to the prohibition specified
29by subdivision (b) of Section 8100.

30(d) All information provided to the Department of Justice
31pursuant to this section shall be kept confidential, separate, and
32apart from all other records maintained by the department. The
33information provided to the Department of Justice pursuant to this
34section shall be used only for any of the following purposes:

35(1) By the department to determine eligibility of a person to
36acquire, carry, or possess firearms, destructive devices, or
37explosives.

38(2) For the purposes of the court proceedings described in
39subdivision (b) of Section 8100, to determine the eligibility of the
P25   1person who is bringing the petition pursuant to paragraph (3) of
2subdivision (b) of Section 8100.

3(3) To determine the eligibility of a person to acquire, carry, or
4possess firearms, destructive devices, or explosives who is the
5subject of a criminal investigation, or who is the subject of a
6petition for the issuance of a gun violence restraining order issued
7pursuant to Division 3.2 (commencing with Section 18100) of
8Title 2 of Part 6 of the Penal Code, if a part of the investigation
9involves the acquisition, carrying, or possession of firearms,
10explosives, or destructive devices by that person.

11(e) Reports shall not be required or requested under this section
12if the same person has been previously reported pursuant to Section
138103 or 8104.

14

SEC. 6.  

The Legislature finds and declares that Section 3 of
15this act, which adds Section 18110begin delete ofend deletebegin insert toend insert the Penal Code, imposes
16a limitation on the public’s right of access to the meetings of public
17bodies or the writings of public officials and agencies within the
18meaning of Section 3 of Article I of the California Constitution.
19Pursuant to that constitutional provision, the Legislature makes
20the following findings to demonstrate the interest protected by this
21limitation and the need for protecting that interest:

22In order to protect the privacy rights of a person subject to a
23search pursuant to Section 18110 of the Penal Code.

24

SEC. 7.  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution for certain
26costs that may be incurred by a local agency or school district
27because, in that regard, this act creates a new crime or infraction,
28eliminates a crime or infraction, or changes the penalty for a crime
29or infraction, within the meaning of Section 17556 of the
30Government Code, or changes the definition of a crime within the
31meaning of Section 6 of Article XIII B of the California
32Constitution.

33However, if the Commission on State Mandates determines that
34this act contains other costs mandated by the state, reimbursement
35to local agencies and school districts for those costs shall be made
36pursuant to Part 7 (commencing with Section 17500) of Division
374 of Title 2 of the Government Code.



O

    91