Amended in Senate August 18, 2014

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 issuebegin delete anend deletebegin insert a temporaryend insert emergency gun violence restraining order if a law enforcement officer asserts and a judicial officer finds that there is reasonable cause 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 in his or her custody or control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent personal injury to himself, herself, or another, 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 courtbegin delete inend deletebegin insert ofend insert each county to designate at least one judge, commissioner, or refereebegin insert who is requiredend insert to be reasonably available to issuebegin delete orally, by telephone or otherwise,end deletebegin insert temporaryend insert emergency gun violence restraining ordersbegin delete at all times whether or not the court isend deletebegin insert when the court is notend insert in session.

This bill would additionally authorize a court to issue an ex parte gun violence restraining orderbegin delete, upon a showing of good cause,end delete prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunitionbegin delete, as specified.end deletebegin insert when it is shown that there is a substantial likelihood that the subject of the petition will cause harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent personal injury to himself, herself, or another, as specified.end insert The bill would require the ex parte order to expire no later than 21 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 officerbegin insert or a person at least 18 years of age who is not a party to the actionend insert tobegin insert personallyend insert 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 having in his or her custody or 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 evidencebegin delete to believe that there is a substantial likelihoodend delete 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 in his or her custody or control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. The bill would authorize 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 agency all firearms and ammunition in his or her custody or control, or which he or she possesses or owns. The bill would require the local law enforcement agency to retain custody of the firearm or firearms 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 attorneybegin insert and law enforcement agencyend insert 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 for an ex parte gun violence restraining order or a gun violence restraining order issued after notice and a hearing, 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 in his or her custody or 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 firearms or ammunition or both that are owned by, in the possession of, or in the custody or control of, a person who is the subject of a gun violence restrainingbegin delete order.end deletebegin insert order if a prohibited firearm or ammunition or both is possessed, owned, in the custody of, or controlled by a person against whom a gun violence restraining order has been issued, the person has been lawfully served with that order, and the person has failed to relinquish the firearm as required by law.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 ammunition that is in the restrained person’s custody or 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.

begin insert

(6) This bill would incorporate additional changes in Section 18250 of the Penal Code, proposed by SB 1154, to be operative only if SB 1154 and this bill are chaptered and become effective on or before January 1, 2015, and this bill is chaptered last.

end insert
begin delete

(6)

end delete

begin insert(end insertbegin insert7)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.

P6    1(4) When the property or things to be seized consist of any item
2or constitute any evidence that tends to show a felony has been
3committed, or tends to show that a particular person has committed
4a felony.

5(5) When the property or things to be seized consist of evidence
6that tends to show that sexual exploitation of a child, in violation
7of Section 311.3, or possession of matter depicting sexual conduct
8of a person under 18 years of age, in violation of Section 311.11,
9has occurred or is occurring.

10(6) When there is a warrant to arrest a person.

11(7) When a provider of electronic communication service or
12remote computing service has records or evidence, as specified in
13Section 1524.3, showing that property was stolen or embezzled
14constituting a misdemeanor, or that property or things are in the
15possession of any person with the intent to use them as a means
16of committing a misdemeanor public offense, or in the possession
17of another to whom he or she may have delivered them for the
18purpose of concealing them or preventing their discovery.

19(8) When the property or things to be seized include an item or
20any evidence that tends to show a violation of Section 3700.5 of
21the Labor Code, or tends to show that a particular person has
22violated Section 3700.5 of the Labor Code.

23(9) When the property or things to be seized include a firearm
24or any other deadly weapon at the scene of, or at the premises
25occupied or under the control of the person arrested in connection
26with, a domestic violence incident involving a threat to human life
27or a physical assault as provided in Section 18250. This section
28does not affect warrantless seizures otherwise authorized by Section
2918250.

30(10) When the property or things to be seized include a firearm
31or any other deadly weapon that is owned by, or in the possession
32of, or in the custody or control of, a person described in subdivision
33(a) of Section 8102 of the Welfare and Institutions Code.

34(11) When the property or things to be seized include a firearm
35that is owned by, or in the possession of, or in the custody or
36control of, a person who is subject to the prohibitions regarding
37firearms pursuant to Section 6389 of the Family Code, if a
38prohibited firearm is possessed, owned, in the custody of, or
39controlled by a person against whom a protective order has been
40issued pursuant to Section 6218 of the Family Code, the person
P7    1has been lawfully served with that order, and the person has failed
2to relinquish the firearm as required by law.

3(12) When the information to be received from the use of a
4tracking device constitutes evidence that tends to show that either
5a felony, a misdemeanor violation of the Fish and Game Code, or
6a misdemeanor violation of the Public Resources Code has been
7committed or is being committed, tends to show that a particular
8person has committed a felony, a misdemeanor violation of the
9Fish and Game Code, or a misdemeanor violation of the Public
10Resources Code, or is committing a felony, a misdemeanor
11violation of the Fish and Game Code, or a misdemeanor violation
12of the Public Resources Code, or will assist in locating an
13individual who has committed or is committing a felony, a
14misdemeanor violation of the Fish and Game Code, or a
15misdemeanor violation of the Public Resources Code. A tracking
16device search warrant issued pursuant to this paragraph shall be
17executed in a manner meeting the requirements specified in
18subdivision (b) of Section 1534.

19(13) When a sample of the blood of a person constitutes
20evidence that tends to show a violation of Section 23140, 23152,
21or 23153 of the Vehicle Code and the person from whom the
22sample is being sought has refused an officer’s request to submit
23to, or has failed to complete, a blood test as required by Section
2423612 of the Vehicle Code, and the sample will be drawn from
25the person in a reasonable, medically approved manner. This
26paragraph is not intended to abrogate a court’s mandate to
27determine the propriety of the issuance of a search warrant on a
28case-by-case basis.

29(14) When the property or things to be seized are firearms or
30ammunition or both that are owned by, in the possession of, or in
31the custody or control of a person who is the subject of a gun
32violence restraining order that has been issued pursuant to Division
333.2 (commencing with Section 18100) of Title 2 of Part begin delete6.end deletebegin insert 6, if a
34prohibited firearm or ammunition or both is possessed, owned, in
35the custody of, or controlled by a person against whom a gun
36violence restraining order has been issued, the person has been
37lawfully served with that order, and the person has failed to
38relinquish the firearm as required by law.end insert

39(b) The property, things, person, or persons described in
40subdivision (a) may be taken on the warrant from any place, or
P8    1from any person in whose possession the property or things may
2be.

3(c) Notwithstanding subdivision (a) or (b), no search warrant
4shall issue for any documentary evidence in the possession or
5under the control of any person who is a lawyer as defined in
6Section 950 of the Evidence Code, a physician as defined in Section
7990 of the Evidence Code, a psychotherapist as defined in Section
81010 of the Evidence Code, or a member of the clergy as defined
9in Section 1030 of the Evidence Code, and who is not reasonably
10 suspected of engaging or having engaged in criminal activity
11related to the documentary evidence for which a warrant is
12requested unless the following procedure has been complied with:

13(1) At the time of the issuance of the warrant, the court shall
14appoint a special master in accordance with subdivision (d) to
15accompany the person who will serve the warrant. Upon service
16of the warrant, the special master shall inform the party served of
17the specific items being sought and that the party shall have the
18opportunity to provide the items requested. If the party, in the
19judgment of the special master, fails to provide the items requested,
20the special master shall conduct a search for the items in the areas
21indicated in the search warrant.

22(2) (A) If the party who has been served states that an item or
23items should not be disclosed, they shall be sealed by the special
24master and taken to court for a hearing.

25(B) At the hearing, the party searched shall be entitled to raise
26any issues that may be raised pursuant to Section 1538.5 as well
27as a claim that the item or items are privileged, as provided by
28law. The hearing shall be held in the superior court. The court shall
29provide sufficient time for the parties to obtain counsel and make
30any motions or present any evidence. The hearing shall be held
31within three days of the service of the warrant unless the court
32makes a finding that the expedited hearing is impracticable. In that
33case the matter shall be heard at the earliest possible time.

34(C) If an item or items are taken to court for a hearing, any
35limitations of time prescribed in Chapter 2 (commencing with
36Section 799) of Title 3 of Part 2 shall be tolled from the time of
37the seizure until the final conclusion of the hearing, including any
38associated writ or appellate proceedings.

39(3) The warrant shall, whenever practicable, be served during
40normal business hours. In addition, the warrant shall be served
P9    1upon a party who appears to have possession or control of the
2items sought. If, after reasonable efforts, the party serving the
3warrant is unable to locate the person, the special master shall seal
4and return to the court, for determination by the court, any item
5that appears to be privileged as provided by law.

6(d) (1) As used in this section, a “special master” is an attorney
7who is a member in good standing of the California State Bar and
8who has been selected from a list of qualified attorneys that is
9maintained by the State Bar particularly for the purposes of
10conducting the searches described in this section. These attorneys
11shall serve without compensation. A special master shall be
12considered a public employee, and the governmental entity that
13caused the search warrant to be issued shall be considered the
14employer of the special master and the applicable public entity,
15for purposes of Division 3.6 (commencing with Section 810) of
16Title 1 of the Government Code, relating to claims and actions
17against public entities and public employees. In selecting the
18special master, the court shall make every reasonable effort to
19ensure that the person selected has no relationship with any of the
20parties involved in the pending matter. Any information obtained
21by the special master shall be confidential and may not be divulged
22except in direct response to inquiry by the court.

23(2) In any case in which the magistrate determines that, after
24reasonable efforts have been made to obtain a special master, a
25special master is not available and would not be available within
26a reasonable period of time, the magistrate may direct the party
27seeking the order to conduct the search in the manner described
28in this section in lieu of the special master.

29(e) Any search conducted pursuant to this section by a special
30master may be conducted in a manner that permits the party serving
31the warrant or his or her designee to accompany the special master
32as he or she conducts his or her search. However, that party or his
33or her designee may not participate in the search nor shall he or
34she examine any of the items being searched by the special master
35except upon agreement of the party upon whom the warrant has
36been served.

37(f) As used in this section, “documentary evidence” includes,
38but is not limited to, writings, documents, blueprints, drawings,
39photographs, computer printouts, microfilms, X-rays, files,
P10   1diagrams, ledgers, books, tapes, audio and video recordings, films,
2and papers of any type or description.

3(g) No warrant shall issue for any item or items described in
4Section 1070 of the Evidence Code.

5(h) Notwithstanding any other law, no claim of attorney work
6product as described in Chapter 4 (commencing with Section
72018.010) of Title 4 of Part 4 of the Code of Civil Procedure shall
8be sustained where there is probable cause to believe that the
9lawyer is engaging or has engaged in criminal activity related to
10the documentary evidence for which a warrant is requested unless
11it is established at the hearing with respect to the documentary
12evidence seized under the warrant that the services of the lawyer
13were not sought or obtained to enable or aid anyone to commit or
14plan to commit a crime or a fraud.

15(i) Nothing in this section is intended to limit an attorney’s
16ability to request an in camera hearing pursuant to the holding of
17the Supreme Court of California in People v. Superior Court (Laff)
18(2001) 25 Cal.4th 703.

19(j) In addition to any other circumstance permitting a magistrate
20to issue a warrant for a person or property in another county, when
21the property or things to be seized consist of any item or constitute
22any evidence that tends to show a violation of Section 530.5, the
23magistrate may issue a warrant to search a person or property
24located in another county if the person whose identifying
25information was taken or used resides in the same county as the
26issuing court.

27(k) This section shall not be construed to create a cause of action
28against any foreign or California corporation, its officers,
29employees, agents, or other specified persons for providing location
30information.

31

SEC. 2.  

Section 1542.5 is added to the Penal Code, immediately
32following Section 1542, to read:

33

1542.5.  

Notwithstanding any other law, with regards to a search
34warrant issued upon the grounds specified in paragraph (14) of
35subdivision (a) of Section 1524, the following shall apply:

36(a) The law enforcement officer executing the warrant shall take
37custody of any firearm or ammunition that is in the restrained
38person’s custody or control or possession, that is owned by the
39restrained person, or that is discovered pursuant to a consensual
40or other lawful search.

P11   1(b) (1) If the location to be searched during the execution of
2the warrant is jointly occupied by the restrained person and one
3or more other persons and a law enforcement officer executing the
4warrant finds a firearmbegin insert or ammunitionend insert that is owned by a person
5other than the restrained person, the firearmbegin insert or ammunitionend insert shall
6not be seized if both of the following conditions are satisfied:

7(A) The firearmbegin insert or ammunitionend insert is stored in a manner that the
8restrained person does not have access to or control of the firearm
9begin insert or ammunitionend insert.

10(B) There is no evidence of unlawful possession of the firearm
11by the owner of the firearm.

12(2) If the location to be searched during the execution of the
13warrant is jointly occupied by the restrained person and one or
14more other persons and a gun safe is located that is owned by a
15person other than the restrained person, the contents of the gun
16safe shall not be searched except in the owner’s presence, and with
17his or her consent or with a valid search warrant for the gun safe.

18

SEC. 3.  

Division 3.2 (commencing with Section 18100) is
19added to Title 2 of Part 6 of the Penal Code, to read:

20 

21Division 3.2.  Gun Violence Restraining Orders

22

22 

23Chapter  1. General
24

 

25

18100.  

A gun violence restraining order is an order, in writing,
26signed by the court, prohibitingbegin insert and enjoiningend insert a named person
27from having in his or her custody or control, owning, purchasing,
28possessing, or receiving any firearms or ammunition.begin insert This division
29establishes a civil restraining order process to accomplish that
30purpose.end insert

31

18105.  

begin delete(a)end deletebegin deleteend deleteThe Judicial Council shall prescribe the form of
32begin insert theend insert petitions and orders and any otherbegin delete documents required by this
33division and shall promulgate forms and instructions for applying
34for orders described inend delete
begin insert documents, end insertbegin insertand shall promulgate any rules
35of court, necessary to implementend insert
this division.

begin delete

36(b) Any form to petition for a gun violence restraining order
37adopted pursuant to this section shall require the petitioner to
38describe the number, types, and locations of any firearms and
39ammunition presently believed by the petitioner to be possessed
40or controlled by the subject of the petition.

end delete
begin insert
P12   1

begin insert18107.end insert  

A petition for a gun violence restraining order shall
2describe the number, types, and locations of any firearms and
3ammunition presently believed by the petitioner to be possessed
4or controlled by the subject of the petition.

end insert
begin insert
5

begin insert18109.end insert  

Nothing in this division shall be interpreted to require
6a law enforcement agency or a law enforcement officer to seek a
7gun violence restraining order in any case, including, but not
8limited to, in a case in which the agency or officer concludes, after
9investigation, that the criteria for issuance of a gun violence
10restraining order are not satisfied.

end insert
11

18110.  

Prior to a hearing on the issuance, renewal, or
12termination of an order under Chapter 3 (commencing with Section
1318150) or Chapter 4 (commencing with Section 18170), the court
14shall ensure that a search as described in subdivision (a) of Section
156306 of the Family Code is conducted. After issuing its ruling, the
16court shall provide the advisement described in subdivision (c) of
17Section 6306 of the Family Code and shall keep information
18obtained from a search conducted pursuant to this section
19confidential in accordance with subdivision (d) of Section 6306
20of the Family Code.

21

18115.  

(a) (1) (A) The court shall notify the Department of
22Justice when a gun violence restraining order has been issued or
23renewed under this division no later than one court day after issuing
24or renewing the order.

25(B) The court shall notify the Department of Justice when a gun
26violence restraining order has been dissolved or terminated under
27this division no later than five court days after dissolving or
28terminating the order. Upon receipt of either of these notices, the
29Department of Justice shall, within 15 days,begin delete delete any reference
30to the gun violence restraining order from its records.end delete
begin insert note the
31updated status of any order issued under this division.end insert

32(2) The notices required to be submitted to the Department of
33Justice pursuant to paragraph (1) shall be submitted in an electronic
34format, in a manner prescribed by the department.

35(b) (1) The court shall notify the district attorneybegin insert end insertbegin insertand law
36enforcement agencyend insert
in the jurisdiction in which a gun violence
37restraining order was issued when a gun violence order has been
38issued or renewed under this division no later than one court day
39after issuing or renewing the order.

P13   1(2) The court shall notify the district attorneybegin insert end insertbegin insertand law
2enforcement agencyend insert
in the jurisdiction in which a gun violence
3restraining order was dissolved or terminated when a gun violence
4restraining order has been dissolved or terminated under this
5division, no later than five court days after dissolving or
6terminating the order.

7

18120.  

(a) A person subject to a gun violence restraining order
8issued pursuant to this division shall not have in his or her custody
9or control, own, purchase, possess, or receive any firearms or
10ammunition while that order is in effect.

11(b) (1) Upon issuance of a gun violence restraining order issued
12pursuant to this division, the court shall order the restrained person
13to surrender to the local law enforcement agency all firearms and
14ammunition in the restrained person’s custody or control, or which
15the restrained person possesses or owns.

16(2) The surrender ordered pursuant to paragraph (1) shall occur
17by immediately surrendering all firearms and ammunition in a safe
18manner, upon request of any law enforcement officer, to the control
19of the officer, after being served with the restraining order. A law
20enforcement officer serving a gun violence restraining order that
21indicates that the restrained person possesses any firearms or
22ammunition shall request that all firearms and ammunition be
23immediately surrendered. Alternatively, if no request is made by
24a law enforcement officer, the surrender shall occur within 24
25hours of being served with the order, by either surrendering all
26firearms and ammunition in a safe manner to the control of the
27local law enforcement agency, or by selling all firearms and
28ammunition to a licensed gun dealer, as specified in Article 1
29(commencing with Section 26700) and Article 2 (commencing
30with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
316 of the Penal Code. The law enforcement officer or licensed gun
32dealer taking possession of any firearms or ammunition pursuant
33to this subdivision shall issue a receipt to the person surrendering
34the firearm or firearms or ammunition or both at the time of
35surrender. A person ordered to surrender all firearms and
36ammunition pursuant to this subdivision shall, within 48 hours
37after being served with the order, do both of the following:

38(A) begin deleteFile, with end deletebegin insertFile with end insertthe court that issued the gun violence
39restraining begin deleteorder,end deletebegin insert orderend insert thebegin insert originalend insert receipt showing all firearms
40 and ammunition have been surrendered to a local law enforcement
P14   1agency or sold to a licensed gun dealer. Failure to timely file a
2receipt shall constitute a violation of the restraining order.

3(B) File a copy of the receipt described in subparagraph (A)
4with the law enforcement agency that served the gun violence
5restraining order. Failure to timely file a copy of the receipt shall
6constitute a violation of the restraining order.

7(c) (1) Any firearms or ammunition surrendered to a law
8enforcement officer or law enforcement agency pursuant to this
9section shall be retained by the law enforcement agency until the
10expiration of any gun violence restraining order that has been
11issued against the restrained person. Upon expiration of any order,
12 any firearms or ammunition shall be returned to the restrained
13person in accordance with the provisions of Chapter 2
14(commencing with Section 33850) of Division 11 of Title 4.
15Firearms or ammunition that are not claimed are subject to the
16requirements of Section 34000.

17(2) A restrained person who owns any firearms or ammunition
18that are in the custody of a law enforcement agency pursuant to
19this section and who does not wish to have the firearm or firearms
20or ammunition returned is entitled to sell or transfer title of any
21firearms or ammunition to a licensed dealer provided that the
22firearm or firearms or ammunition are otherwise legal to own or
23possess and the restrained person otherwise has right to title of the
24firearm or firearms or ammunition.

25(d) If the restrained person declines to relinquish possession of
26any firearms or ammunition based on the assertion of the right
27against self-incrimination, as provided by the Fifth Amendment
28to the United States Constitution and Section 15 of Article I of the
29California Constitution, the courtbegin delete may, after prior notice toend deletebegin insert shall
30notifyend insert
the districtbegin delete attorney,end deletebegin insert attorney, and, upon the request of the
31district attorney, mayend insert
grant use immunity for the act of
32relinquishing the firearms or ammunition required under this
33section.

34(e) If a person other than the restrained person claims title to
35any firearms or ammunition surrendered pursuant to this section,
36and he or she is determined by the law enforcement agency to be
37the lawful owner of the firearm or firearms or ammunition, the
38firearm or firearms or ammunition shall be returned to the him or
39her pursuant to Chapter 2 (commencing with Section 33850) of
40Division 11 of Title 4.

 

P15   1Chapter  2. begin insertTemporary end insertEmergency Gun Violence
2Restraining Order
3

 

4

18125.  

(a) begin deleteAn end deletebegin insertA temporary end insertemergency gun violence restraining
5order may be issuedbegin insert on an ex parte basisend insert only if a law enforcement
6officer asserts, and a judicial officer finds,begin insert that there is reasonable
7cause to believeend insert
both of the following:

8(1) begin deleteThat there is reasonable cause to believe that the end deletebegin insertThe end insertsubject
9of the petition poses an immediate and present danger of causing
10personal injury to himself, herself, or another by having in his or
11her custody or control, owning, purchasing, possessing, or receiving
12a firearm.

13(2) begin deleteThat an end deletebegin insertA temporary end insertemergency gun violence restraining
14order is necessary to prevent personal injury tobegin delete himself, herself,end delete
15begin insert the subject of the petitionend insert or another because less restrictive
16alternatives either have been tried and found to be ineffective, or
17have been determined to be inadequate or inappropriate for the
18circumstances of the subject of the petition.

19(b) begin deleteAn end deletebegin insertA temporary end insertemergency gun violence restraining order
20issued pursuant to this chapter shall prohibit the subject of the
21petition from having in his or her custody or control, owning,
22purchasing, possessing, or receiving, or attempting to purchase or
23receive, a firearm or ammunition, and shall expirebegin delete 14end deletebegin insert 21end insert days from
24the datebegin delete ofend delete thebegin delete order.end deletebegin insert order is issued.end insert

25

18130.  

begin deleteAn end deletebegin insertA temporary end insertemergency gun violence restraining
26order is valid only if it is issued by a judicial officer after making
27the findings required by Section 18125 and pursuant to a specific
28request by a law enforcement officer.

29

18135.  

begin deleteAn end deletebegin insertA temporary end insertemergency gun violence restraining
30order issued under this chapter shall include all of the following:

31(a) A statement of the grounds supporting the issuance of the
32order.

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

34(c) The address of the superior court for the county in which
35the restrained party resides.

36(d) The following statement:


38“To the restrained person: This order will last until the date and
39time noted above. You are required to surrender all firearms and
40ammunition that you ownbegin delete to a local law enforcement agencyend deletebegin insert or
P16   1 possessend insert
in accordance with Section 18120 of the Penal Code and
2you may not have in your custody or control, own, purchase,
3possess, or receive, or attempt to purchase or receive a firearm or
4ammunition, while this order is in effect. However, a more
5permanent gun violence restraining order may be obtained from
6the court. You may seek the advice of an attorney as to any matter
7connected with the order. The attorney should be consulted
8promptly so that the attorney may assist you in any matter
9connected with the order.”


11

18140.  

A law enforcement officer who requestsbegin delete anend deletebegin insert a temporaryend insert
12 emergency gun violence restraining order shall do all of the
13following:

14(a) If the order is obtained orally, memorialize the order of the
15court on the form approved by the Judicial Council.

16(b) Serve the order on the restrained person, if the restrained
17person can reasonably be located.

18(c) File a copy of the order with the court as soon as practicable
19after issuance.

20(d) Have the order entered into the computer database system
21for protective and restraining orders maintained by the Department
22of Justice.

23

18145.  

begin insert

(a) (1) Except as provided in paragraph (2), the
24petition for a temporary emergency gun violence restraining order
25shall be obtained by submitting a written petition to the court.

end insert
begin insert

26(2) If time and circumstances do not permit the submission of
27a written petition, a temporary emergency gun violence restraining
28order may be issued in accordance with the procedures for
29obtaining an oral search warrant described in Section 1526.

end insert

30begin insert(b)end insertbegin insertend insert The presiding judge of the superior courtbegin delete inend deletebegin insert ofend insert each county
31shall designate at least one judge, commissioner, or refereebegin delete toend deletebegin insert who
32shallend insert
be reasonably available to issuebegin delete orally, by telephone or
33otherwise,end delete
begin insert temporaryend insert emergency gun violence restraining orders
34begin delete at all times whether or not the court isend deletebegin insert when the court is notend insert in
35session.

36 

37Chapter  3. Ex Parte Gun Violence Restraining Order
38

 

39

18150.  

(a) (1) An immediate family member of a person or
40a law enforcement officer may file a petition requesting that the
P17   1court issue an ex parte gun violence restraining order enjoining
2the subject of the petition from having in his or her custody or
3control, owning, purchasing, possessing, or receiving a firearm or
4ammunition.

5(2) For purposes of this subdivision, “immediate family
6member” has the same meaning as inbegin insert paragraph (3) of subdivision
7(b) ofend insert
Section 422.4.

8(b) A court may issue an ex parte gun violence restraining order
9if the petition, supported by an affidavit made in writing and signed
10by the petitioner under oath, or an oral statement taken pursuant
11to paragraph (2) of subdivision (a) of Section 18155, and any
12additional information provided to the courtbegin delete show good cause to
13believeend delete
begin insert shows that there is a substantial likelihoodend insert that both of the
14following are true:

15(1)  begin deleteThere is a substantial likelihood that the end delete begin insertThe end insertsubject of the
16petition will, in the near future, cause personal injury to himself,
17herself, or another by having in his or her custody or control,
18owning, purchasing, possessing, or receiving a firearm as
19determined by considering the factors listed in Section 18155 and
20any other relevant evidence.

21(2) An ex parte gun violence restraining order is necessary to
22prevent personal injury tobegin delete himself, herself,end deletebegin insert the subject of the
23petitionend insert
or another because less restrictive alternatives either have
24been tried and found to be ineffective, or are inadequate or
25inappropriate for the circumstances of the subject of the petition.

26(c) An affidavit supporting a petition for the issuance of an ex
27parte gun violence restraining order shall set forth the facts tending
28to establish the grounds of the petition, or the reason for believing
29that they exist.

30(d) An ex parte order under this chapter shall be issued or denied
31on the same day that the petition is submitted to the court, unless
32the petition is filed too late in the day to permit effective review,
33in which case the order shall be issued or denied on the next day
34of judicial business in sufficient time for the order to be filed that
35day with the clerk of the court.

36

18155.  

(a) (1) The court, before issuing an ex parte gun
37violence restraining order,begin delete mayend deletebegin insert shallend insert examine on oath, the
38petitioner and any witness the petitioner maybegin delete produce and shall
39take his or her affidavit in writing, and cause the affidavit to be
40signed by the parties making them.end delete
begin insert produce.end insert

P18   1(2) In lieu ofbegin delete a written affidavit required by paragraph (1),end delete
2begin insert examining the petitioner and any witness the petitioner may
3produce,end insert
the court maybegin delete take an oral statement under oath using
4the procedures prescribed in Section 1526. end delete
begin insert end insertbegin insertrequire the petitioner
5and any witness to submit a written affidavit signed under oath.end insert

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

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

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

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

17(D) A recent violation of an unexpired protective order issued
18pursuant to Part 4 (commencing with Section 6300) of Division
1910 of the Family Code, Section 136.2, Section 527.6 of the Code
20of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare
21and Institutions Code.

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

23(F) A pattern of violent acts or violent threats within the past
2412 months, including, but not limited to, threats of violence or acts
25of violence by the subject of the petition directed toward himself,
26herself, or another.

27(2) In determining whether grounds for a gun violence
28restraining order exist, the court may consider any other evidence
29of an increased risk for violence, including, but not limited to,
30evidence of any of the following:

31(A) Thebegin insert unlawful andend insert reckless use, display, or brandishing of
32a firearm by the subject of the petition.

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

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

37(D) Any history of a violation by the subject of the petition of
38an emergency protective order issued pursuant to Section 646.91
39or Part 3 (commencing with Section 6240) of Division 10 of the
40Family Code.

P19   1(E) Any history of a violation by the subject of the petition of
2a protective order issued pursuant to Part 4 (commencing with
3Section 6300) of Division 10 of the Family Code, Section 136.2,
4Section 527.6 of the Code of Civil Procedure, or Section 213.5 or
515657.03 of the Welfare and Institutions Code.

6(F) Evidence of recent or ongoing abuse of controlled substances
7or alcohol by the subject of the petition.

8(G) Evidence of recent acquisition ofbegin delete firearmsend deletebegin insert firearms,
9ammunition,end insert
or other deadly weapons.

10(3) For the purposes of this subdivision, “recent” means within
11the six months prior to the date the petition was filed.

12(c) If the court determines that therebegin delete is good causeend deletebegin insert groundsend insert to
13issue an ex parte gun violence restraining orderbegin insert existend insert, it shall issue
14an ex parte gun violence restraining order that prohibits the subject
15of the petition from having in his or her custody or control, owning,
16purchasing, possessing, or receiving, or attempting to purchase or
17receive, a firearm or ammunition, and expires no later than 21 days
18from the date of the order.

19

18160.  

(a) An ex parte gun violence restraining order issued
20under this chapter shall include all of the following:

21(1) A statement of the grounds supporting the issuance of the
22order.

23(2) The date and time the order expires.

24(3) The address of the superior court in which any responsive
25pleading should be filed.

26(4) The date and time of the scheduled hearing.

27(5) The following statement:


29“To the restrained person: This order is valid until the expiration
30date and time noted above. You are required to surrender all
31firearms and ammunition that you ownbegin delete to a local law enforcement
32agencyend delete
begin insert or possessend insert in accordance with Section 18120 of the Penal
33Code and you may not have in your custody or control, own,
34purchase, possess, or receive, or attempt to purchase or receive a
35firearm or ammunition, while this order is in effect. A hearing will
36be held on the date and at the time noted above to determine if a
37more permanent gun violence restraining order should be issued.
38Failure to appear at that hearing may result in a court making an
39order against you that is valid for a year. You may seek the advice
40of an attorney as to any matter connected with the order. The
P20   1attorney should be consulted promptly so that the attorney may
2assist you in any matter connected with the order.”


4(b) (1) An ex parte gun violence restraining order shall be
5begin insert personallyend insert served on the restrained person by a law enforcement
6officer,begin insert or any person who is at least 18 years of age and not a
7party to the action, as provided in Section 414.10 of the Code of
8Civil Procedure,end insert
if the restrained person can reasonably be located.

9(2) When serving a gun violence restraining order, the law
10enforcement officer shall inform the restrained person of the
11hearing scheduled pursuant to Section 18165.

12

18165.  

Within 21 days after the date on the order, before the
13court that issued the order or another court in the same jurisdiction,
14the court shall hold a hearing pursuant to Section 18175 to
15determine if a gun violence restraining order should be issued
16under Chapter 4 (commencing with Section 18170).

17 

18Chapter  4. Gun Violence Restraining Order Issued After
19Notice and Hearing
20

 

21

18170.  

(a) An immediate family member of a person or a law
22enforcement officer may request that a court, after notice and a
23hearing, issue a gun violence restraining order enjoining the subject
24of the petition from having in his or her custody or control, owning,
25purchasing, possessing, or receiving a firearm or ammunition for
26a period of one year.

27(b) For purposes of this subdivision, “immediate family
28member” has the same meaning as inbegin insert paragraph (3) of subdivision
29(b) ofend insert
Section 422.4.

30

18175.  

(a) In determining whether to issue a gun violence
31restraining order under this chapter, the court shall consider
32evidence of the facts identified in paragraph (1) of subdivision (b)
33of Section 18155 and may consider any other evidence of an
34increased risk for violence, including, but not limited to, evidence
35of the facts identified in paragraph (2) of subdivision (b) of Section
3618155.

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

P21   1(1) begin deleteThere is a substantial likelihood that the end deletebegin insertThe end insertsubject 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 having in his or her custody or control, owning,
5purchasing, possessing, or receiving a firearm begin delete as determined by
6 considering the factors listed in Section 18155 and any other
7relevant evidence.end delete
begin insert or ammunition.end insert

8(2) A gun violence restraining order is necessary to prevent
9personal injury to the subject of the petition, or the person subject
10to an ex parte gun violence restraining order, as applicable, or
11another because less restrictive alternatives either have been tried
12and found to be ineffective, or are inadequate or inappropriate for
13the circumstances of the subject of the petition, or the person
14subject to an ex parte gun violence restraining order, as applicable.

15(c) (1) Ifbegin insert the court finds thatend insert there is clear and convincing
16evidence to issue a gun violence restraining order, the court shall
17issue a gun violence restraining order that prohibits the subject of
18the petition from having in his or her custody or control, owning,
19purchasing, possessing, or receiving, or attempting to purchase or
20receive, a firearm or ammunition.

21(2) If the court finds that there is not clear and convincing
22evidence to support the issuance of a gun violence restraining
23order, the court shall dissolve anybegin insert temporaryend insert emergency or ex
24parte gun violence restraining order then in effect.

25(d) The gun violence restraining order issued under this chapter
26shall have a duration of one year, subject to termination by further
27order of the court at a hearing held pursuant to Section 18185 and
28renewal by further order of the court pursuant to Section 18190.

29

18180.  

(a) A gun violence restraining order issued pursuant
30to this chapter shall include all of the following:

31(1) A statement of the grounds supporting the issuance of the
32order.

33(2) The date and time the order expires.

34(3) The address of the superior court for the county in which
35the restrained party resides.

36(4) The following statement:


38“To the restrained person: This order will last until the date and
39time noted above. If you have not done so already, you must
40surrender all firearms and ammunition that you ownbegin delete to a local law
P22   1enforcement agencyend delete
begin insert or possessend insert in accordance with Section 18120
2of the Penal Code. You may not have in your custody or control,
3own, purchase, possess, or receive, or attempt to purchase or
4receive a firearm or ammunition, while this order is in effect.
5Pursuant to Section 18185, you have the right to request one
6hearing to terminate this order at any time during its effective
7period. You may seek the advice of an attorney as to any matter
8connected with the order.”


10(b) When the court issues a gun violence restraining order under
11this chapter, the court shall inform the restrained person that he or
12she is entitled to one hearing to request a termination of the order,
13pursuant to Section 18185, and shall provide the restrained person
14with a form to request a hearing.

15

18185.  

(a) A person subject to a gun violence restraining order
16issued under this chapter may submit one written request at any
17time during the effective period of the order for a hearing to
18terminate the order.

19(b) If the court finds after the hearing that there is no longer
20clear and convincing evidence to believe that paragraphs (1) and
21(2) of subdivision (b) of Section 18175 are true, the court shall
22terminate the order.

23

18190.  

(a) (1) An immediate family member of a restrained
24person or a law enforcement officer may request a renewal of a
25gun violence restraining order at any time within the three months
26before the expiration of a gun violence restraining order.

27(2) For purposes of this subdivision, “immediate family
28member” has the same meaning as inbegin insert paragraph (3) of subdivision
29(b) ofend insert
Section 422.4.

30(b) A court may, after notice and a hearing, renew a gun violence
31 restraining order issued under this chapter if the petitioner proves,
32by clear and convincing evidence, that paragraphs (1) and (2) of
33subdivision (b) of Section 18175 continue to be true.

34(c) In determining whether to renew a gun violence restraining
35order issued under this chapter, the court shall consider evidence
36of the facts identified in paragraph (1) of subdivision (b) of Section
3718155 and any other evidence of an increased risk for violence,
38including, but not limited to, evidence of any of the facts identified
39in paragraph (2) of subdivision (b) of Section 18155.

P23   1(d) At the hearing, the petitioner shall have the burden of
2proving, by clear and convincing evidence, that paragraphs (1)
3and (2) of subdivision (b) of Section 18175 are true.

4(e) If the renewal petition is supported by clear and convincing
5evidence, the court shall renew the gun violence restraining order
6issued under this chapter.

7(f) The renewal of a gun violence restraining order issued
8pursuant to this section shall have a duration of one year, subject
9to termination by further order of the court at a hearing held
10pursuant to Section 18185 and further renewal by further order of
11the court pursuant to this section.

12(g) A gun violence restraining order renewed pursuant to this
13section shall include the information identified in subdivision (a)
14of Section 18180.

15

18195.  

Any hearing held pursuant to this chapter may be
16continued upon a showing of good cause. Any existing order issued
17pursuant to this division shall remain in full force and effect during
18the period of continuance.

19 

20Chapter  5. Offenses
21

 

22

18200.  

Every person who files a petition for an ex parte gun
23violence restraining order pursuant to Chapter 3 (commencing
24with Section 18150) or a gun violence restraining order issued
25after notice and a hearing pursuant to Chapter 4 (commencing with
26Section 18170), knowing the information in the petition to be false
27or with the intent to harass, is guilty of a misdemeanor.

28

18205.  

Every person who violatesbegin delete anend deletebegin insert a temporaryend insert emergency
29gun violence restraining order issued pursuant to Chapter 2
30(commencing with Section 18125), an ex parte gun violence
31restraining order issued pursuant to Chapter 3 (commencing with
32Section 18150), or a gun violence restraining order issued after
33notice and a hearing issued pursuant to Chapter 4 (commencing
34with Section 18170), is guilty of a misdemeanor and shall be
35prohibited from having in his or her custody or control, owning,
36purchasing, possessing, or receiving, or attempting to purchase or
37receive, a firearm or ammunition for a five-year period, to
38commence upon the expiration of the existing gun violence
39restraining order.

40

SEC. 4.  

Section 18250 of the Penal Code is amended to read:

P24   1

18250.  

If any of the following persons is at the scene of a
2domestic violence incident involving a threat to human life or a
3physical assault, is serving a protective order as defined in Section
46218 of the Family Code, is serving a gun violence restraining
5order issued pursuant to Division 3.2 (commencing with Section
618100), that person shall take temporary custody of any firearm
7or other deadly weapon in plain sight or discovered pursuant to a
8consensual or other lawful search as necessary for the protection
9of the peace officer or other persons present:

10(a) A sheriff, undersheriff, deputy sheriff, marshal, deputy
11marshal, or police officer of a city, as defined in subdivision (a)
12of Section 830.1.

13(b) A peace officer of the Department of the California Highway
14Patrol, as defined in subdivision (a) of Section 830.2.

15(c) A member of the University of California Police Department,
16as defined in subdivision (b) of Section 830.2.

17(d) An officer listed in Section 830.6, while acting in the course
18and scope of the officer’s employment as a peace officer.

19(e) A member of a California State University Police
20Department, as defined in subdivision (c) of Section 830.2.

21(f) A peace officer of the Department of Parks and Recreation,
22as defined in subdivision (f) of Section 830.2.

23(g) A peace officer, as defined in subdivision (d) of Section
24830.31.

25(h) A peace officer, as defined in subdivisions (a) and (b) of
26Section 830.32.

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

28(j) A sworn member of the Department of Justice who is a peace
29officer, as defined in Section 830.1.

30begin insert

begin insertSEC. end insertbegin insert4.5.end insert  

end insert

begin insertSection 18250 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

31

18250.  

If any of the following persons is at the scene of a
32domestic violence incident involving a threat to human life or a
33physical assault,begin delete orend delete is serving a protective order as defined in
34Section 6218 of the Family Code,begin insert or is serving a gun violence
35restraining order issued pursuant to Division 3.2 (commencing
36with Section 18100),end insert
that person shall take temporary custody of
37any firearm or other deadly weapon in plain sight or discovered
38pursuant to a consensual or other lawful search as necessary for
39the protection of the peace officer or other persons present:

P25   1(a) A sheriff, undersheriff, deputy sheriff, marshal, deputy
2marshal, or police officer of a city, as defined in subdivision (a)
3of Section 830.1.

4(b) A peace officer of the Department of the California Highway
5Patrol, as defined in subdivision (a) of Section 830.2.

6(c) A member of the University of California Police Department,
7as defined in subdivision (b) of Section 830.2.

8(d) An officer listed in Section 830.6, while acting in the course
9and scope of the officer’s employment as a peace officer.

10(e) A member of a California State University Police
11Department, as defined in subdivision (c) of Section 830.2.

12(f) A peace officer of the Department of Parks and Recreation,
13as defined in subdivision (f) of Section 830.2.

14(g) A peace officer, as defined in subdivision (d) of Section
15830.31.

16(h) A peace officer, as defined in subdivisions (a) and (b) of
17Section 830.32.

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

begin insert

19(j) A sworn member of the Department of Justice who is a peace
20officer, as defined in Section 830.1.

end insert
begin insert

21(k) A member of the San Francisco Bay Area Rapid Transit
22District Police Department, as defined in subdivision (a) of Section
23830.33.

end insert
24

SEC. 5.  

Section 8105 of the Welfare and Institutions Code is
25amended to read:

26

8105.  

(a) The Department of Justice shall request each public
27and private mental hospital, sanitarium, and institution to submit
28to the department information the department deems necessary to
29identify those persons who are subject to the prohibition specified
30by subdivision (a) of Section 8100, in order to carry out its duties
31in relation to firearms, destructive devices, and explosives.

32(b) Upon request of the Department of Justice pursuant to
33subdivision (a), each public and private mental hospital, sanitarium,
34and institution shall submit to the department information the
35department deems necessary to identify those persons who are
36subject to the prohibition specified by subdivision (a) of Section
378100, in order to carry out its duties in relation to firearms,
38 destructive devices, and explosives.

39(c) A licensed psychotherapist shall report to a local law
40enforcement agency, within 24 hours, in a manner prescribed by
P26   1the Department of Justice, the identity of a person subject to the
2prohibition specified by subdivision (b) of Section 8100. Upon
3receipt of the report, the local law enforcement agency, on a form
4prescribed by the Department of Justice, shall notify the department
5electronically, within 24 hours, in a manner prescribed by the
6department, of the person who is subject to the prohibition specified
7by subdivision (b) of Section 8100.

8(d) All information provided to the Department of Justice
9pursuant to this section shall be kept confidential, separate, and
10apart from all other records maintained by the department. The
11information provided to the Department of Justice pursuant to this
12section shall be used only for any of the following purposes:

13(1) By the department to determine eligibility of a person to
14acquire, carry, or possess firearms, destructive devices, or
15explosives.

16(2) For the purposes of the court proceedings described in
17subdivision (b) of Section 8100, to determine the eligibility of the
18person who is bringing the petition pursuant to paragraph (3) of
19subdivision (b) of Section 8100.

20(3) To determine the eligibility of a person to acquire, carry, or
21possess firearms, destructive devices, or explosives who is the
22subject of a criminal investigation, or who is the subject of a
23petition for the issuance of a gun violence restraining order issued
24pursuant to Division 3.2 (commencing with Section 18100) of
25Title 2 of Part 6 of the Penal Code, if a part of the investigation
26involves the acquisition, carrying, or possession of firearms,
27explosives, or destructive devices by that person.

28(e) Reports shall not be required or requested under this section
29if the same person has been previously reported pursuant to Section
308103 or 8104.

31

SEC. 6.  

The Legislature finds and declares that Section 3 of
32this act, which adds Section 18110 to the Penal Code, imposes a
33limitation on the public’s right of access to the meetings of public
34bodies or the writings of public officials and agencies within the
35meaning of Section 3 of Article I of the California Constitution.
36Pursuant to that constitutional provision, the Legislature makes
37the following findings to demonstrate the interest protected by this
38limitation and the need for protecting that interest:

39In order to protect the privacy rights of a person subject to a
40search pursuant to Section 18110 of the Penal Code.

P27   1begin insert

begin insertSEC. 7.end insert  

end insert
begin insert

Section 4.5 of this bill incorporates amendments to
2Section 18250 of the Penal Code proposed by both this bill and
3Senate Bill 1154. It shall only become operative if (1) both bills
4are enacted and become effective on or before January 1, 2015,
5(2) each bill amends Section 18250 of the Penal Code, and (3) this
6bill is enacted after Senate Bill 1154, in which case Section 4 of
7this bill shall not become operative.

end insert
8

begin deleteSEC. 7.end delete
9begin insertSEC. 8.end insert  

No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution for certain
11costs that may be incurred by a local agency or school district
12because, in that regard, this act creates a new crime or infraction,
13eliminates a crime or infraction, or changes the penalty for a crime
14or infraction, within the meaning of Section 17556 of the
15Government Code, or changes the definition of a crime within the
16meaning of Section 6 of Article XIII B of the California
17Constitution.

18However, if the Commission on State Mandates determines that
19this act contains other costs mandated by the state, reimbursement
20to local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.



O

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