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 a temporary 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 court of each county to designate at least one judge, commissioner, or referee who is required to be reasonably available to issue temporary emergency gun violence restraining orders when the court is not in session.
This bill would additionally authorize a court to issue an ex parte 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 when it is
shown that there is a substantial likelihood that the subject of the petitionbegin delete will causeend deletebegin insert poses a significant danger ofend insert 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. 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 officer or a person at least 18 years of age who is not a party to the action to personally
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 evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable,begin delete will causeend deletebegin insert poses a significant danger ofend insert 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 Justicebegin delete and the district attorney and law enforcement agency in the jurisdiction in which a gun violence restraining order was issuedend delete
when any gun violence restraining order has been issued, renewed, dissolved, or terminated.begin insert The bill would also require the court, when sending that notice, to specify whether the person subject to the gun violence restraining order was present in court to be informed of the contents of the order or if the person failed to appear. The bill would require proof of service of the order to be entered into the California Restraining and Protective Order System, as specified.end insert
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 whobegin delete violatesend deletebegin insert
owns or possesses a firearm or ammunition with the knowledge that he or she is prohibited from doing so byend insert 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 restraining 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. 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 orbegin delete possession,end deletebegin insert
possession orend insert that is owned by the restrained person,begin delete or thatend deletebegin insert whichend insert 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) 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.
(7) 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.
begin insert(8) The provisions of this bill would be effective January 1, 2016.
end insertVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 1524 of the Penal Code is amended to
2read:
(a) A search warrant may be issued upon any of the
4following grounds:
5(1) When the property was stolen or embezzled.
P6 1(2) When the property or things were used as the means of
2committing a felony.
3(3) When the property or things are in the possession of any
4person with the intent to use them as a means of committing a
5public offense, or in the possession of another to whom he or she
6may have delivered them for the purpose of concealing them or
7preventing them from being discovered.
8(4) When the
property or things to be seized consist of any item
9or constitute any evidence that tends to show a felony has been
10committed, or tends to show that a particular person has committed
11a felony.
12(5) When the property or things to be seized consist of evidence
13that tends to show that sexual exploitation of a child, in violation
14of Section 311.3, or possession of matter depicting sexual conduct
15of a person under 18 years of age, in violation of Section 311.11,
16has occurred or is occurring.
17(6) When there is a warrant to arrest a person.
18(7) When a provider of electronic communication service or
19remote computing service has records or evidence, as specified in
20Section 1524.3, showing that property was stolen or embezzled
21constituting
a misdemeanor, or that property or things are in the
22possession of any person with the intent to use them as a means
23of committing a misdemeanor public offense, or in the possession
24of another to whom he or she may have delivered them for the
25purpose of concealing them or preventing their discovery.
26(8) When the property or things to be seized include an item or
27any evidence that tends to show a violation of Section 3700.5 of
28the Labor Code, or tends to show that a particular person has
29violated Section 3700.5 of the Labor Code.
30(9) When the property or things to be seized include a firearm
31or any other deadly weapon at the scene of, or at the premises
32occupied or under the control of the person arrested in connection
33with, a domestic violence incident involving a threat to human life
34or
a physical assault as provided in Section 18250. This section
35does not affect warrantless seizures otherwise authorized by Section
3618250.
37(10) When the property or things to be seized include a firearm
38or any other deadly weapon that is owned by, or in the possession
39of, or in the custody or control of, a person described in subdivision
40(a) of Section 8102 of the Welfare and Institutions Code.
P7 1(11) When the property or things to be seized include a firearm
2that is owned by, or in the possession of, or in the custody or
3control of, a person who is subject to the prohibitions regarding
4firearms pursuant to Section 6389 of the Family Code, if a
5prohibited firearm is possessed, owned, in the custody of, or
6controlled by a person against whom a protective order has been
7issued
pursuant to Section 6218 of the Family Code, the person
8has been lawfully served with that order, and the person has failed
9to relinquish the firearm as required by law.
10(12) When the information to be received from the use of a
11tracking device constitutes evidence that tends to show that either
12a felony, a misdemeanor violation of the Fish and Game Code, or
13a misdemeanor violation of the Public Resources Code has been
14committed or is being committed, tends to show that a particular
15person has committed a felony, a misdemeanor violation of the
16Fish and Game Code, or a misdemeanor violation of the Public
17Resources Code, or is committing a felony, a misdemeanor
18violation of the Fish and Game Code, or a misdemeanor violation
19of the Public Resources Code, or will assist in locating an
20individual who has committed or is committing a felony, a
21misdemeanor
violation of the Fish and Game Code, or a
22misdemeanor violation of the Public Resources Code. A tracking
23device search warrant issued pursuant to this paragraph shall be
24executed in a manner meeting the requirements specified in
25subdivision (b) of Section 1534.
26(13) When a sample of the blood of a person constitutes
27evidence that tends to show a violation of Section 23140, 23152,
28or 23153 of the Vehicle Code and the person from whom the
29sample is being sought has refused an officer’s request to submit
30to, or has failed to complete, a blood test as required by Section
3123612 of the Vehicle Code, and the sample will be drawn from
32the person in a reasonable, medically approved manner. This
33paragraph is not intended to abrogate a court’s mandate to
34determine the propriety of the issuance of a search warrant on a
35case-by-case basis.
36(14) begin deleteWhen end deletebegin insertBeginning January 1, 2016, end insertthe property or things
37to be seized are firearms or ammunition or both that are owned
38by, in the possession of, or in the custody or control of a person
39who is the subject of a gun violence restraining order that has been
40issued pursuant to Division 3.2 (commencing with Section 18100)
P8 1of Title 2 of Part 6, if a prohibited firearm or ammunition or both
2is possessed, owned, in the custody of, or controlled by a person
3against whom a gun violence restraining order has been issued,
4the person has been lawfully served with that order, and the person
5has failed to relinquish the firearm as required by law.
6(b) The property, things, person, or persons described in
7subdivision (a) may be taken on the warrant from any place, or
8from any person in whose possession the property or things may
9be.
10(c) Notwithstanding subdivision (a) or (b), no search warrant
11shall issue for any documentary evidence in the possession or
12under the control of any person who is a lawyer as defined in
13Section 950 of the Evidence Code, a physician as defined in Section
14990 of the Evidence Code, a psychotherapist as defined in Section
151010 of the Evidence Code, or a member of the clergy as defined
16in Section 1030 of the Evidence Code, and who is not reasonably
17
suspected of engaging or having engaged in criminal activity
18related to the documentary evidence for which a warrant is
19requested unless the following procedure has been complied with:
20(1) At the time of the issuance of the warrant, the court shall
21appoint a special master in accordance with subdivision (d) to
22accompany the person who will serve the warrant. Upon service
23of the warrant, the special master shall inform the party served of
24the specific items being sought and that the party shall have the
25opportunity to provide the items requested. If the party, in the
26judgment of the special master, fails to provide the items requested,
27the special master shall conduct a search for the items in the areas
28indicated in the search warrant.
29(2) (A) If
the party who has been served states that an item or
30items should not be disclosed, they shall be sealed by the special
31master and taken to court for a hearing.
32(B) At the hearing, the party searched shall be entitled to raise
33any issues that may be raised pursuant to Section 1538.5 as well
34as a claim that the item or items are privileged, as provided by
35law. The hearing shall be held in the superior court. The court shall
36provide sufficient time for the parties to obtain counsel and make
37any motions or present any evidence. The hearing shall be held
38within three days of the service of the warrant unless the court
39makes a finding that the expedited hearing is impracticable. In that
40case the matter shall be heard at the earliest possible time.
P9 1(C) If an item or items are taken to court
for a hearing, any
2limitations of time prescribed in Chapter 2 (commencing with
3Section 799) of Title 3 of Part 2 shall be tolled from the time of
4the seizure until the final conclusion of the hearing, including any
5associated writ or appellate proceedings.
6(3) The warrant shall, whenever practicable, be served during
7normal business hours. In addition, the warrant shall be served
8upon a party who appears to have possession or control of the
9items sought. If, after reasonable efforts, the party serving the
10warrant is unable to locate the person, the special master shall seal
11and return to the court, for determination by the court, any item
12that appears to be privileged as provided by law.
13(d) (1) As used in this section, a “special master” is an attorney
14who
is a member in good standing of the California State Bar and
15who has been selected from a list of qualified attorneys that is
16maintained by the State Bar particularly for the purposes of
17conducting the searches described in this section. These attorneys
18shall serve without compensation. A special master shall be
19considered a public employee, and the governmental entity that
20caused the search warrant to be issued shall be considered the
21employer of the special master and the applicable public entity,
22for purposes of Division 3.6 (commencing with Section 810) of
23Title 1 of the Government Code, relating to claims and actions
24against public entities and public employees. In selecting the
25special master, the court shall make every reasonable effort to
26ensure that the person selected has no relationship with any of the
27parties involved in the pending matter. Any information obtained
28by the special master
shall be confidential and may not be divulged
29except in direct response to inquiry by the court.
30(2) In any case in which the magistrate determines that, after
31reasonable efforts have been made to obtain a special master, a
32special master is not available and would not be available within
33a reasonable period of time, the magistrate may direct the party
34seeking the order to conduct the search in the manner described
35in this section in lieu of the special master.
36(e) Any search conducted pursuant to this section by a special
37master may be conducted in a manner that permits the party serving
38the warrant or his or her designee to accompany the special master
39as he or she conducts his or her search. However, that party or his
40or her designee may not participate in the search nor shall he or
P10 1she
examine any of the items being searched by the special master
2except upon agreement of the party upon whom the warrant has
3been served.
4(f) As used in this section, “documentary evidence” includes,
5but is not limited to, writings, documents, blueprints, drawings,
6photographs, computer printouts, microfilms, X-rays, files,
7diagrams, ledgers, books, tapes, audio and video recordings, films,
8and papers of any type or description.
9(g) No warrant shall issue for any item or items described in
10Section 1070 of the Evidence Code.
11(h) Notwithstanding any other law, no claim of attorney work
12product as described in Chapter 4 (commencing with Section
132018.010) of Title 4 of Part 4 of the Code of Civil Procedure shall
14be
sustained where there is probable cause to believe that the
15lawyer is engaging or has engaged in criminal activity related to
16the documentary evidence for which a warrant is requested unless
17it is established at the hearing with respect to the documentary
18evidence seized under the warrant that the services of the lawyer
19were not sought or obtained to enable or aid anyone to commit or
20plan to commit a crime or a fraud.
21(i) Nothing in this section is intended to limit an attorney’s
22ability to request an in camera hearing pursuant to the holding of
23the Supreme Court of California in People v. Superior Court (Laff)
24(2001) 25 Cal.4th 703.
25(j) In addition to any other circumstance permitting a magistrate
26to issue a warrant for a person or property in another county, when
27the property
or things to be seized consist of any item or constitute
28any evidence that tends to show a violation of Section 530.5, the
29magistrate may issue a warrant to search a person or property
30located in another county if the person whose identifying
31information was taken or used resides in the same county as the
32issuing court.
33(k) This section shall not be construed to create a cause of action
34against any foreign or California corporation, its officers,
35employees, agents, or other specified persons for providing location
36information.
Section 1542.5 is added to the Penal Code, immediately
38 following Section 1542, to read:
Notwithstanding any other law, with regards to a search
2warrant issued upon the grounds specified in paragraph (14) of
3subdivision (a) of Section 1524, the following shall apply:
4(a) The law enforcement officer executing the warrant shall take
5custody of any firearm or ammunition that is in the restrained
6person’s custody or control orbegin delete possession,end deletebegin insert possession orend insert that is
7owned by the restrained person,begin delete or thatend deletebegin insert
whichend insert is discovered
8pursuant to a consensual or other lawful search.
9(b) (1) If the location to be searched during the execution of
10the warrant is jointly occupied by the restrained person and one
11or more other persons and a law enforcement officer executing the
12warrant finds a firearm or ammunitionbegin insert in the restrained person’s
13custody or control or possession, butend insert that is owned by a person
14other than the restrained person, the firearm or ammunition shall
15not be seized if both of the following conditions are satisfied:
16(A) The firearm or ammunition isbegin insert removed from the
restrained
17person’s custody or control or possession andend insert stored in a manner
18that the restrained person does not have access to or control of the
19firearm or ammunition.
20(B) There is no evidence of unlawful possession of the firearm
21begin insert or ammunitionend insert by the owner of the firearmbegin insert or ammunitionend insert.
22(2) If the location to be searched during the execution of the
23warrant is jointly occupied by the restrained person and one or
24more other persons and abegin insert lockedend insert gun safe is located that is owned
25by a person
other than the restrained person, the contents of the
26gun safe shall not be searched except in the owner’s presence, and
27with his or her consent or with a valid search warrant for the gun
28safe.
29(c) This section shall become operative on January 1, 2016.
end insertDivision 3.2 (commencing with Section 18100) is
31added to Title 2 of Part 6 of the Penal Code, to read:
32
34
A gun violence restraining order is an order, in writing,
38signed by the court, prohibiting and enjoining a named person
39from having in his or her custody or control, owning, purchasing,
40possessing, or receiving any firearms or ammunition. This division
P12 1establishes a civil restraining order process to accomplish that
2purpose.
The Judicial Council shall prescribe the form of the
4petitions and orders and any other documents, and shall promulgate
5any rules of court, necessary to implement this division.
A petition for a gun violence restraining order shall
7describe the number, types, and locations of any firearms and
8ammunition presently believed by the petitioner to be possessed
9or controlled by the subject of the petition.
Nothing in this division shall be interpreted to require
11a law enforcement agency or a law enforcement officer to seek a
12gun violence restraining order in any case, including, but not
13limited to, in a case in which the agency or officer concludes, after
14investigation, that the criteria for issuance of a gun violence
15restraining order are not satisfied.
Prior to a hearing on the issuance, renewal, or
17termination of an order under Chapter 3 (commencing with Section
1818150) or Chapter 4 (commencing with Section 18170), the court
19shall ensure that a search as described in subdivision (a) of Section
206306 of the Family Code is conducted. After issuing its ruling, the
21court shall provide the advisement described in subdivision (c) of
22Section 6306 of the Family Code and shall keep information
23obtained from a search conducted pursuant to this section
24confidential in accordance with subdivision (d) of Section 6306
25of the Family Code.
(a) begin delete(1)end deletebegin delete end deletebegin delete(A)end deletebegin delete end deleteThe court shall notify the Department of
27Justice when a gun violence restraining order has been issued or
28renewed under this division no later than one court day after issuing
29or renewing the order.
30(B)
end delete
31begin insert(b)end insert The court shall notify the Department of Justice when a gun
32violence restraining order has been dissolved or terminated under
33this division no later than five court days after dissolving or
34terminating the order. Upon receipt of eitherbegin delete of these notices,end deletebegin insert a
35notice of dissolution or a notice of termination of a gun violence
36restraining order,end insert the Department of Justice shall, within 15 days,
37notebegin insert documentend insert the updated status of any order issued under this
38division.
39(2)
end delete
P13 1begin insert(c)end insert The notices required to be submitted to the Department of
2Justice pursuant tobegin delete paragraph (1)end deletebegin insert this sectionend insert shall be submitted
3in an electronic format, in a manner prescribed by the department.
4(b) (1) The court shall notify the district attorney and law
5enforcement agency in the jurisdiction in which a gun violence
6restraining order was issued when a gun violence order has been
7issued or renewed under this division no later than one court day
8after issuing or renewing the order.
9(2) The court shall notify the district attorney and law
10enforcement agency in the jurisdiction in which a gun violence
11restraining order was dissolved or terminated when a gun violence
12restraining order has been dissolved or terminated under this
13division, no later than five court days after dissolving or
14terminating the order.
15(d) When notifying the Department of Justice pursuant to
16subdivision (a) or (b), the court shall indicate in the notice whether
17the person subject to the gun violence restraining order was present
18in court to be informed of the contents of the order or if the person
19failed to appear. The person’s presence in court shall constitute
20proof of service of notice of the terms of the order.
21(e) (1) Within one business day of service, a law enforcement
22officer who served a gun violence restraining order shall submit
23the proof of service directly into the California Restraining and
24Protective Order System, including his or her name and law
25enforcement agency, and shall transmit the original proof of service
26form to the issuing court.
27(2) Within one business day of receipt of proof of service by a
28person other than a law enforcement officer, the clerk of the court
29shall submit the proof of service of a gun violence restraining
30order directly into the California Restraining and Protective Order
31System, including the name of the person who served the order. If
32the court is unable to provide this notification to the Department
33of Justice by electronic transmission, the court shall, within one
34business day of receipt, transmit a copy of the proof of service to
35a local law enforcement agency. The local law enforcement agency
36shall submit the proof of service directly into the California
37Restraining and Protective Order System within one business day
38of receipt from the court.
(a) A person subject to a gun violence restraining order
40issued pursuant to this division shall not have in his or her custody
P14 1or control, own, purchase, possess, or receive any firearms or
2ammunition while that order is in effect.
3(b) (1) Upon issuance of a gun violence restraining order issued
4pursuant to this division, the court shall order the restrained person
5to surrender to the local law enforcement agency all firearms and
6ammunition in the restrained person’s custody or control, or which
7the restrained person possesses or owns.
8(2) The surrender ordered pursuant to paragraph (1) shall
occur
9by immediately surrendering all firearms and ammunition in a safe
10manner, upon request of any law enforcement officer, to the control
11of the officer, after being served with the restraining order. A law
12enforcement officer serving a gun violence restraining order that
13indicates that the restrained person possesses any firearms or
14ammunition shall request that all firearms and ammunition be
15immediately surrendered. Alternatively, if no request is made by
16a law enforcement officer, the surrender shall occur within 24
17hours of being served with the order, by either surrendering all
18firearms and ammunition in a safe manner to the control of the
19local law enforcement agency, or by selling all firearms and
20ammunition to a licensed gun dealer, as specified in Article 1
21(commencing with Section 26700) and Article 2 (commencing
22with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
236
of the Penal Code. The law enforcement officer or licensed gun
24dealer taking possession of any firearms or ammunition pursuant
25to this subdivision shall issue a receipt to the person surrendering
26the firearm or firearms or ammunition or both at the time of
27surrender. A person ordered to surrender all firearms and
28ammunition pursuant to this subdivision shall, within 48 hours
29after being served with the order, do both of the following:
30(A) File with the court that issued the gun violence restraining
31order the original receipt showing all firearms
and ammunition
32have been surrendered to a local law enforcement agency or sold
33to a licensed gun dealer. Failure to timely file a receipt shall
34constitute a violation of the restraining order.
35(B) File a copy of the receipt described in subparagraph (A)
36with the law enforcement agency that served the gun violence
37restraining order. Failure to timely file a copy of the receipt shall
38constitute a violation of the restraining order.
39(c) (1) Any firearms or ammunition surrendered to a law
40enforcement officer or law enforcement agency pursuant to this
P15 1section shall be retained by the law enforcement agency until the
2expiration of any gun violence restraining order that has been
3issued against the restrained person. Upon expiration of any order,
4
any firearms or ammunition shall be returned to the restrained
5person in accordance with the provisions of Chapter 2
6(commencing with Section 33850) of Division 11 of Title 4.
7Firearms or ammunition that are not claimed are subject to the
8requirements of Section 34000.
9(2) A restrained person who owns any firearms or ammunition
10that are in the custody of a law enforcement agency pursuant to
11this section and who does not wish to have the firearm or firearms
12or ammunition returned is entitled to sell or transfer title of any
13firearms or ammunition to a licensed dealer provided that the
14firearm or firearms or ammunition are otherwise legal to own or
15possess and the restrained person otherwise has right to title of the
16firearm or firearms or ammunition.
17(d) If the restrained person declines to relinquish possession of
18any firearms or ammunition based on the assertion of the right
19against self-incrimination, as provided by the Fifth Amendment
20to the United States Constitution and Section 15 of Article I of the
21California Constitution, the court shall notify the district attorney,
22and, upon the request of the district attorney, may grant use
23immunity for the act of relinquishing the firearms or ammunition
24required under this section.
25(e)
end delete
26begin insert(d)end insert If a person other than the restrained person claims title to
27any firearms or ammunition surrendered pursuant to this section,
28and he or she is determined by the law enforcement agency to be
29the lawful owner of the firearm or firearms or ammunition, the
30firearm or firearms or ammunition shall be returned tobegin delete theend delete him or
31her pursuant to Chapter 2 (commencing with Section 33850) of
32Division 11 of Title 4.
This division shall become operative on January 1,
342016.
35
(a) A temporary emergency gun violence restraining
40order may be issued on an ex parte basis only if a law enforcement
P16 1officer asserts, and a judicial officer finds, that there is reasonable
2cause to believe both of the following:
3(1) The subject of the petition poses an immediate and present
4danger of causing personal injury to himself, herself, or another
5by having in his or her custody or control, owning, purchasing,
6possessing, or receiving a firearm.
7(2) A temporary emergency gun violence restraining order is
8necessary to prevent personal injury to the subject of the petition
9or another because less
restrictive alternatives either have been
10tried and found to be ineffective, or have been determined to be
11inadequate or inappropriate for the circumstances of the subject
12of the petition.
13(b) A temporary emergency gun violence restraining order issued
14pursuant to this chapter shall prohibit the subject of the petition
15from having in his or her custody or control, owning, purchasing,
16possessing, or receiving, or attempting to purchase or receive, a
17firearm or ammunition, and shall expire 21 days from the date the
18order is issued.
A temporary emergency gun violence restraining order
20is valid only if it is issued by a judicial officer after making the
21findings required by Section 18125 and pursuant to a specific
22request by a law enforcement officer.
A temporary emergency gun violence restraining order
24issued under this chapter shall include all of the following:
25(a) A statement of the grounds supporting the issuance of the
26order.
27(b) The date and time the order expires.
28(c) The address of the superior court for the county in which
29the restrained party resides.
30(d) The following statement:
32“To the restrained person: This order will last until the date and
33time noted
above. You are required to surrender all firearms and
34ammunition that you own or possess in accordance with Section
3518120 of the Penal Code and you may not have in your custody
36or control, own, purchase, possess, or receive, or attempt to
37purchase or receive a firearm or ammunition, while this order is
38in effect. However, a more permanent gun violence restraining
39order may be obtained from the court. You may seek the advice
40of an attorney as to any matter connected with the order. The
P17 1attorney should be consulted promptly so that the attorney may
2assist you in any matter connected with the order.”
A law enforcement officer who requests a temporary
5emergency gun violence restraining order shall do all of the
6following:
7(a) If the order is obtained orally, memorialize the order of the
8court on the form approved by the Judicial Council.
9(b) Serve the order on the restrained person, if the restrained
10person can reasonably be located.
11(c) File a copy of the order with the court as soon as practicable
12after issuance.
13(d) Have the order entered into the computer database system
14for protective and
restraining orders maintained by the Department
15of Justice.
(a) (1) Except as provided in paragraph (2), the petition
17for a temporary emergency gun violence restraining order shall be
18obtained by submitting a written petition to the court.
19(2) If time and circumstances do not permit the submission of
20a written petition, a temporary emergency gun violence restraining
21order may be issued in accordance with the procedures for
22obtaining an oral search warrant described in Section 1526.
23(b) The presiding judge of the superior court of each county
24shall designate at least one judge, commissioner, or referee who
25shall be reasonably available to issue
temporary emergency gun
26violence restraining orders
when the court is not in session.
27
(a) (1) An immediate family member of a person or
31a law enforcement officer may file a petition requesting that the
32court issue an ex parte gun violence restraining order enjoining
33the subject of the petition from having in his or her custody or
34control, owning, purchasing, possessing, or receiving a firearm or
35ammunition.
36(2) For purposes of this subdivision, “immediate family
37member” has the same meaning as in paragraph (3) of subdivision
38(b) of Section 422.4.
39(b) A court may issue an ex parte gun violence restraining order
40if the petition, supported by an affidavit made in writing
and signed
P18 1by the petitioner under oath, or an oral statement taken pursuant
2to paragraph (2) of subdivision (a) of Section 18155, and any
3additional information provided to the court shows that there is a
4substantial likelihood that both of the following are true:
5(1) The subject of the petitionbegin delete will,end deletebegin insert poses a significant danger,end insert
6 in the near future,begin delete causeend deletebegin insert ofend insert personal injury to himself, herself, or
7another by having in his or her custody or control, owning,
8purchasing, possessing, or receiving a
firearm as determined by
9considering the factors listed in Sectionbegin delete 18155 and any other begin insert 18155.end insert
10relevant evidence.end delete
11(2) An ex parte gun violence restraining order is necessary to
12prevent personal injury to the subject of the petition or another
13because less restrictive alternatives either have been tried and
14found to be ineffective, or are inadequate or inappropriate for the
15circumstances of the subject of the petition.
16(c) An affidavit supporting a petition for the issuance of an ex
17parte gun violence restraining order shall set forth the facts tending
18to establish the grounds of the petition, or the reason
for believing
19that they exist.
20(d) An ex parte order under this chapter shall be issued or denied
21on the same day that the petition is submitted to the court, unless
22the petition is filed too late in the day to permit effective review,
23in which case the order shall be issued or denied on the next day
24of judicial business in sufficient time for the order to be filed that
25day with the clerk of the court.
(a) (1) The court, before issuing an ex parte gun
27violence restraining order, shall examine on oath, the petitioner
28and any witness the petitioner may produce.
29(2) In lieu of examining the petitioner and any witness the
30petitioner may produce, the court may require the petitioner and
31any witness to submit a written affidavit signed under oath.
32(b) (1) In determining whether grounds for a gun violence
33restraining order exist, the court shall consider all evidence of the
34following:
35(A) A recent threat of violence or act of violence by the subject
36of the petition directed toward another.
37(B) A recent threat of violence or act of violence by the subject
38of the petition directed toward himself or herself.
39(C) A violation of an emergency protective order issued pursuant
40to Section 646.91 or Part 3 (commencing with Section 6240) of
P19 1Division 10 of the Family Code that is in effect at the time the
2court is considering the petition.
3(D) A recent violation of an unexpired protective order issued
4pursuant to Part 4 (commencing with Section 6300) of Division
510 of the Family Code, Section 136.2, Section 527.6 of the Code
6of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare
7and
Institutions Code.
8(E) A conviction for any offense listed in Section 29805.
9(F) A pattern of violent acts or violent threats within the past
1012 months, including, but not limited to, threats of violence or acts
11of violence by the subject of the petition directed toward himself,
12herself, or another.
13(2) In determining whether grounds for a gun violence
14restraining order exist, the court may consider any other evidence
15of an increased risk for violence, including, but not limited to,
16evidence of any of the following:
17(A) The unlawful and reckless use, display, or brandishing of
18a firearm by the subject of the petition.
19(B) The history of use, attempted use, or threatened use of
20physical force by the subject of the petition against another person.
21(C) Any prior arrest of the subject of the petition for a felony
22offense.
23(D) Any history of a violation by the subject of the petition of
24an emergency protective order issued pursuant to Section 646.91
25or Part 3 (commencing with Section 6240) of Division 10 of the
26Family Code.
27(E) Any history of a violation by the subject of the petition of
28a protective order issued pursuant to Part 4 (commencing with
29Section 6300) of Division 10 of the Family Code, Section 136.2,
30Section 527.6 of the Code of Civil Procedure, or Section 213.5 or
3115657.03 of the Welfare and Institutions Code.
32(F) begin deleteEvidence of recent end deletebegin insertDocumentary evidence, including, but
33not limited to, police reports and records of convictions, of either
34recent criminal offenses by the subject of the petition that involve
35controlled substances or alcohol end insertor ongoing abuse of controlled
36substances or alcohol by the subject of the petition.
37(G) Evidence of recent acquisition of firearms, ammunition, or
38other deadly weapons.
39(3) For the purposes of this subdivision, “recent” means within
40the six months prior to the date the petition was filed.
P20 1(c) If the court determines that there grounds to issue an ex parte
2gun violence restraining order exist, it shall issue an ex parte gun
3violence restraining order that prohibits the subject of the petition
4from having in his or her custody or control, owning, purchasing,
5possessing, or receiving, or attempting to purchase or receive, a
6firearm or ammunition, and expires no later than 21 days from the
7date of the order.
(a) An ex parte gun violence restraining order issued
9under this chapter shall include all of the following:
10(1) A statement of the grounds supporting the issuance of the
11order.
12(2) The date and time the order expires.
13(3) The address of the superior court in which any responsive
14pleading should be filed.
15(4) The date and time of the scheduled hearing.
16(5) The following statement:
18“To the restrained person: This order is valid until the expiration
19date and time noted above. You are required to surrender all
20firearms and ammunition that you own or possess in accordance
21with Section 18120 of the Penal Code and you may not have in
22your custody or control, own, purchase, possess, or receive, or
23attempt to purchase or receive a firearm or ammunition, while this
24order is in effect. A hearing will be held on the date and at the time
25noted above to determine if a more permanent gun violence
26restraining order should be issued. Failure to appear at that hearing
27may result in a court making an order against you that is valid for
28a year. You may seek the advice of an attorney as to any matter
29connected with the order. The attorney should be consulted
30promptly so that the attorney may assist you in any matter
31connected with the order.”
33(b) (1) An ex parte gun violence restraining order shall be
34personally served on the restrained person by a law enforcement
35officer, or any person who is at least 18 years of age and not a
36party to the action, as provided in Section 414.10 of the Code of
37Civil Procedure, if the restrained person can reasonably be located.
38(2) When serving a gun violence restraining order,begin delete theend deletebegin insert aend insert law
39enforcement officer shall inform the restrained person of the
40hearing scheduled pursuant to Section 18165.
Within 21 days after the date on the order, before the
2court that issued the order or another court in the same jurisdiction,
3the court shall hold a hearing pursuant to Section 18175 to
4determine if a gun violence restraining order should be issued
5under Chapter 4 (commencing with Section 18170).
6
(a) An immediate family member of a person or a law
11enforcement officer may request that a court, after notice and a
12hearing, issue a gun violence restraining order enjoining the subject
13of the petition from having in his or her custody or control, owning,
14purchasing, possessing, or receiving a firearm or ammunition for
15a period of one year.
16(b) For purposes of this subdivision, “immediate family
17member” has the same meaning as in paragraph (3) of subdivision
18(b) of Section 422.4.
(a) In determining whether to issue a gun violence
20restraining order under this chapter, the court shall consider
21evidence of the facts identified in paragraph (1) of subdivision (b)
22of Section 18155 and may consider any other evidence of an
23increased risk for violence, including, but not limited to, evidence
24of the facts identified in paragraph (2) of subdivision (b) of Section
2518155.
26(b) At the hearing, the petitioner shall have the burden of
27proving, by clear and convincing evidence, that both of the
28following are true:
29(1) The subject of the petition, or a person subject to an ex parte
30
gun violence restraining order, as applicable,begin delete will causeend deletebegin insert poses a
31significant danger ofend insert personal injury to himself, herself, or another
32by having in his or her custody or control, owning, purchasing,
33possessing, or receiving a firearm or ammunition.
34(2) A gun violence restraining order is necessary to prevent
35personal injury to the subject of the petition, or the person subject
36to an ex parte gun violence restraining order, as applicable, or
37another because less restrictive alternatives either have been tried
38and found to be ineffective, or are inadequate or inappropriate for
39the circumstances of the subject of the petition, or the person
40subject to an ex parte gun violence
restraining order, as applicable.
P22 1(c) (1) If the court finds that there is clear and convincing
2evidence to issue a gun violence restraining order, the court shall
3issue a gun violence restraining order that prohibits the subject of
4the petition from having in his or her custody or control, owning,
5purchasing, possessing, or receiving, or attempting to purchase or
6receive, a firearm or ammunition.
7(2) If the court finds that there is not clear and convincing
8evidence to support the issuance of a gun violence restraining
9order, the court shall dissolve any temporary emergency or ex
10parte gun violence restraining order then in effect.
11(d) The gun violence restraining order issued under this chapter
12shall
have a duration of one year, subject to termination by further
13order of the court at a hearing held pursuant to Section 18185 and
14renewal by further order of the court pursuant to Section 18190.
(a) A gun violence restraining order issued pursuant
16to this chapter shall include all of the following:
17(1) A statement of the grounds supporting the issuance of the
18order.
19(2) The date and time the order expires.
20(3) The address of the superior court for the county in which
21the restrained party resides.
22(4) The following statement:
24“To the restrained person: This order will last until the date and
25time
noted above. If you have not done so already, you must
26surrender all firearms and ammunition that you own or possess in
27accordance with Section 18120 of the Penal Code. You may not
28have in your custody or control, own, purchase, possess, or receive,
29or attempt to purchase or receive a firearm or ammunition, while
30this order is in effect. Pursuant to Section 18185, you have the
31right to request one hearing to terminate this order at any time
32during its effective period. You may seek the advice of an attorney
33as to any matter connected with the order.”
35(b) When the court issues a gun violence restraining order under
36this chapter, the court shall inform the restrained person that he or
37she is entitled to one hearing to request a termination of the order,
38pursuant to Section 18185, and shall provide the
restrained person
39with a form to request a hearing.
(a) A person subject to a gun violence restraining order
2issued under this chapter may submit one written request at any
3time during the effective period of the order for a hearing to
4terminate the order.
5(b) If the court finds after the hearing that there is no longer
6clear and convincing evidence to believe that paragraphs (1) and
7(2) of subdivision (b) of Section 18175 are true, the court shall
8terminate the order.
(a) (1) An immediate family member of a restrained
10person or a law enforcement officer may request a renewal of a
11gun violence restraining order at any time within the three months
12before the expiration of a gun violence restraining order.
13(2) For purposes of this subdivision, “immediate family
14member” has the same meaning as in paragraph (3) of subdivision
15(b) of Section 422.4.
16(b) A court may, after notice and a hearing, renew a gun violence
17
restraining order issued under this chapter if the petitioner proves,
18by clear and convincing evidence, that paragraphs (1) and (2) of
19subdivision (b) of Section 18175 continue to be true.
20(c) In determining whether to renew a gun violence restraining
21order issued under this chapter, the court shall consider evidence
22of the facts identified in paragraph (1) of subdivision (b) of Section
2318155 and any other evidence of an increased risk for violence,
24including, but not limited to, evidence of any of the facts identified
25in paragraph (2) of subdivision (b) of Section 18155.
26(d) At the hearing, the petitioner shall have the burden of
27proving, by clear and convincing evidence, that paragraphs (1)
28and (2) of subdivision (b) of Section 18175 are true.
29(e) If the renewal petition is supported by clear and convincing
30evidence, the court shall renew the gun violence restraining order
31issued under this chapter.
32(f) The renewal of a gun violence restraining order issued
33pursuant to this section shall have a duration of one year, subject
34to termination by further order of the court at a hearing held
35pursuant to Section 18185 and further renewal by further order of
36the court pursuant to this section.
37(g) A gun violence restraining order renewed pursuant to this
38section shall include the information identified in subdivision (a)
39of Section 18180.
Any hearing held pursuant to this chapter may be
2continued upon a showing of good cause. Any existing order issued
3pursuant to this division shall remain in full force and effect during
4the period of continuance.
If a person subject to a gun violence restraining order
6issued or renewed pursuant to this chapter was not present in court
7at the time the order was issued or renewed, the gun violence
8restraining order shall be personally served on the restrained
9person by a law enforcement officer or any person who is at least
1018 years of age and not a party to the action, as provided in Section
11414.10 of the Code of Civil Procedure, if the restrained person
12can reasonably be located.
13
Every person who files a petition for an ex parte gun
17violence restraining order pursuant to Chapter 3 (commencing
18with Section 18150) or a gun violence restraining order issued
19after notice and a hearing pursuant to Chapter 4 (commencing with
20Section 18170), knowing the information in the petition to be false
21or with the intent to harass, is guilty of a misdemeanor.
Every person whobegin delete violatesend deletebegin insert owns or possesses a firearm
23or ammunition with knowledge that he or she is prohibited from
24doing so byend insert a temporary emergency gun violence restraining order
25issued pursuant to Chapter 2 (commencing with Section 18125),
26an ex parte gun violence restraining order issued pursuant to
27Chapter 3 (commencing with Section 18150), or a gun violence
28restraining order issued after notice and a hearing issued pursuant
29to Chapter 4 (commencing with Section 18170), is guilty of a
30misdemeanor and shall be prohibited from having in his or her
31custody or control, owning, purchasing,
possessing, or receiving,
32or attempting to purchase or receive, a firearm or ammunition for
33a five-year period, to commence upon the expiration of the existing
34gun violence restraining order.
Section 18250 of the Penal Code is amended to read:
begin insert(a)end insertbegin insert end insert If any of the following persons is at the scene of
37a domestic violence incident involving a threat to human life or a
38physical assault,begin insert orend insert is serving a protective order as defined in
39Section 6218 of the Family Code,begin delete is serving a gun violence that person shall take temporary custody of
40restraining order issued pursuant to Division 3.2 (commencing
P25 1with Section 18100),end delete
2any
firearm or other deadly weapon in plain sight or discovered
3pursuant to a consensual or other lawful search as necessary for
4the protection of the peace officer or other persons present:
5(a)
end delete
6begin insert(1)end insert A sheriff, undersheriff, deputy sheriff, marshal, deputy
7marshal, or police officer of a city, as defined in subdivision (a)
8of Section 830.1.
9(b)
end delete
10begin insert(2)end insert A peace officer of the Department of the California Highway
11Patrol, as defined in subdivision (a) of Section 830.2.
12(c)
end delete
13begin insert(3)end insert A member of the University of California Police Department,
14as defined in subdivision (b) of Section 830.2.
15(d)
end delete
16begin insert(4)end insert An officer listed in Section 830.6, while
acting in the course
17and scope of the officer’s employment as a peace officer.
18(e)
end delete
19begin insert(5)end insert A member of a California State University Police
20Department, as defined in subdivision (c) of Section 830.2.
21(f)
end delete
22begin insert(6)end insert A peace officer of the Department of Parks and Recreation,
23as defined in subdivision
(f) of Section 830.2.
24(g)
end delete
25begin insert(7)end insert A peace officer, as defined in subdivision (d) of Section
26830.31.
27(h)
end delete
28begin insert(8)end insert A peace officer, as defined in subdivisions (a) and (b) of
29Section 830.32.
30(i)
end delete31begin insert(9)end insert A peace officer, as defined in Section 830.5.
32(j) A sworn member of the Department of Justice who is a peace
33officer, as defined in Section 830.1.
34(b) This section shall remain in effect only until January 1, 2016,
35and as of that date is repealed, unless a later enacted statute, that
36is enacted before January 1, 2016, deletes or extends that date.
Section 18250 of the Penal Code is amended to read:
begin insert(a)end insertbegin insert end insert If any of the following persons is at the scene of
39a domestic violence incident involving a threat to human life or a
40physical assault, is serving a protective order as defined in Section
P26 16218 of the Family Code, or is serving a gun violence restraining
2order issued pursuant to Division 3.2 (commencing with Section
318100), that person shall take temporary custody of any firearm
4or other deadly weapon in plain sight or discovered pursuant to a
5consensual or other lawful search as necessary for the protection
6of the peace officer or other persons
present:
7(a)
end delete
8begin insert(1)end insert A sheriff, undersheriff, deputy sheriff, marshal, deputy
9marshal, or police officer of a city, as defined in subdivision (a)
10of Section 830.1.
11(b)
end delete
12begin insert(2)end insert A peace officer of the Department of the California Highway
13Patrol, as defined in subdivision (a) of Section
830.2.
14(c)
end delete
15begin insert(3)end insert A member of the University of California Police Department,
16as defined in subdivision (b) of Section 830.2.
17(d)
end delete
18begin insert(4)end insert An officer listed in Section 830.6, while acting in the course
19and scope of the officer’s employment as a peace officer.
20(e)
end delete
21begin insert(5)end insert A member of a California State University Police
22Department, as defined in subdivision (c) of Section 830.2.
23(f)
end delete
24begin insert(6)end insert A peace officer of the Department of Parks and Recreation,
25as defined in subdivision (f) of Section 830.2.
26(g)
end delete
27begin insert(7)end insert A peace officer, as defined in subdivision (d) of Section
28830.31.
29(h)
end delete
30begin insert(8)end insert A peace officer, as defined in subdivisions (a) and (b) of
31Section 830.32.
32(i)
end delete33begin insert(9)end insert A peace officer, as defined in Section 830.5.
34(j)
end delete
35begin insert(10)end insert A sworn member of the Department of Justice who is a
36peace officer, as defined in Section 830.1.
37(k)
end delete
38begin insert(11)end insert A member of the San Francisco Bay Area Rapid Transit
39District Police Department, as defined in subdivision (a) of Section
40830.33.
P27 1(b) This section shall remain in effect only until January 1, 2016,
2and
as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2016, deletes or extends that date.
begin insertSection 18250 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert
begin insert(a) If any of the following persons is at the scene of a
6domestic violence incident involving a threat to human life or a
7physical assault, is serving a protective order as defined in Section
86218 of the Family Code, or is serving a gun violence restraining
9order issued pursuant to Division 3.2 (commencing with Section
1018100), that person shall take temporary custody of any firearm
11or other deadly weapon in plain sight or discovered pursuant to
12a consensual or other lawful search as necessary for the protection
13of the peace officer or other persons present:
14(1) A sheriff, undersheriff, deputy sheriff, marshal, deputy
15marshal, or police officer of a city, as defined in subdivision (a)
16of Section 830.1.
17(2) A peace officer of the Department of the California Highway
18Patrol, as defined in subdivision (a) of Section 830.2.
19(3) A member of the University of California Police Department,
20as defined in subdivision (b) of Section 830.2.
21(4) An officer listed in Section 830.6, while acting in the course
22and scope of the officer’s employment as a peace officer.
23(5) A member of a California State University Police
24Department, as defined in subdivision (c) of Section 830.2.
25(6) A peace officer of the Department of Parks and Recreation,
26as defined in subdivision (f) of Section 830.2.
27(7) A peace officer, as defined in subdivision (d) of
Section
28830.31.
29(8) A peace officer, as defined in subdivisions (a) and (b) of
30Section 830.32.
31(9) A peace officer, as defined in Section 830.5.
32(10) A sworn member of the Department of Justice who is a
33peace officer, as defined in Section 830.1.
34(b) This section shall become operative on January 1, 2016.
begin insertSection 18250 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert
begin insert(a) If any of the following persons is at the scene of a
37domestic violence incident involving a threat to human life or a
38physical assault, is serving a protective order as defined in Section
396218 of the Family Code, or is serving a gun violence restraining
40order issued pursuant to Division 3.2 (commencing with Section
P28 118100), that person shall take temporary custody of any firearm
2or other deadly weapon in plain sight or discovered pursuant to
3a consensual or other lawful search as necessary for the protection
4of the peace officer or other persons present:
5(1) A sheriff, undersheriff, deputy sheriff, marshal, deputy
6marshal, or police officer of a city, as defined in subdivision (a)
7of Section 830.1.
8(2) A peace officer of the Department of the California Highway
9Patrol, as defined in subdivision (a) of Section 830.2.
10(3) A member of the University of California Police Department,
11as defined in subdivision (b) of Section 830.2.
12(4) An officer listed in Section 830.6, while acting in the course
13and scope of the officer’s employment as a peace officer.
14(5) A member of a California State University Police
15Department, as defined in subdivision (c) of Section 830.2.
16(6) A peace officer of the Department of Parks and Recreation,
17as defined in subdivision (f) of Section 830.2.
18(7) A peace officer, as defined in subdivision (d) of
Section
19830.31.
20(8) A peace officer, as defined in subdivisions (a) and (b) of
21Section 830.32.
22(9) A peace officer, as defined in Section 830.5.
23(10) A sworn member of the Department of Justice who is a
24peace officer, as defined in Section 830.1.
25(11) A member of the San Francisco Bay Area Rapid Transit
26District Police Department, as defined in subdivision (a) of Section
27830.33.
28(b) This section shall become operative on January 1, 2016.
Section 8105 of the Welfare and Institutions Code is
31amended to read:
(a) The Department of Justice shall request each public
33and private mental hospital, sanitarium, and institution to submit
34to the department information the department deems necessary to
35identify those persons who are subject to the prohibition specified
36by subdivision (a) of Section 8100, in order to carry out its duties
37in relation to firearms, destructive devices, and explosives.
38(b) Upon request of the Department of Justice pursuant to
39subdivision (a), each public and private mental hospital, sanitarium,
40and institution shall submit to the department information the
P29 1department deems necessary to identify those persons who are
2subject to the prohibition specified by subdivision (a) of
Section
38100, in order to carry out its duties in relation to firearms,
4
destructive devices, and explosives.
5(c) A licensed psychotherapist shall report to a local law
6enforcement agency, within 24 hours, in a manner prescribed by
7the Department of Justice, the identity of a person subject to the
8prohibition specified by subdivision (b) of Section 8100. Upon
9receipt of the report, the local law enforcement agency, on a form
10prescribed by the Department of Justice, shall notify the department
11electronically, within 24 hours, in a manner prescribed by the
12department, of the person who is subject to the prohibition specified
13by subdivision (b) of Section 8100.
14(d) All information provided to the Department of Justice
15pursuant to this section shall be kept confidential, separate, and
16apart from all other records maintained by the department.
The
17information provided to the Department of Justice pursuant to this
18section shall be used only for any of the following purposes:
19(1) By the department to determine eligibility of a person to
20acquire, carry, or possess firearms, destructive devices, or
21explosives.
22(2) For the purposes of the court proceedings described in
23subdivision (b) of Section 8100, to determine the eligibility of the
24person who is bringing the petition pursuant to paragraph (3) of
25subdivision (b) of Section 8100.
26(3) To determine the eligibility of a person to acquire, carry, or
27possess firearms, destructive devices, or explosives who is the
28subject of a criminal investigation,begin delete or who is the subject of a
29petition for the issuance of a gun
violence restraining order issued
30pursuant to Division 3.2 (commencing with Section 18100) of
31Title 2 of Part 6 of the Penal Code,end delete
32 investigation involves the acquisition, carrying, or possession of
33firearms, explosives, or destructive devices by that person.
34(e) Reports shall not be required or requested under this section
35if the same person has been previously reported pursuant to Section
368103 or 8104.
37(f) This section shall remain in effect only until January 1, 2016,
38and as of that date is repealed, unless a later enacted statute, that
39is enacted before January 1, 2016,
deletes or extends that date.
begin insertSection 8105 is added to the end insertbegin insertWelfare and Institutions
2Codeend insertbegin insert, to read:end insert
(a) The Department of Justice shall request each public
4and private mental hospital, sanitarium, and institution to submit
5to the department information the department deems necessary to
6identify those persons who are subject to the prohibition specified
7by subdivision (a) of Section 8100, in order to carry out its duties
8in relation to firearms, destructive devices, and explosives.
9(b) Upon request of the Department of Justice pursuant to
10subdivision (a), each public and private mental hospital,
11sanitarium, and institution shall submit to the department
12information the department deems necessary to identify those
13persons who are subject to the prohibition specified by subdivision
14(a) of Section 8100, in order to carry out its duties in
relation to
15firearms, destructive devices, and explosives.
16(c) A licensed psychotherapist shall report to a local law
17enforcement agency, within 24 hours, in a manner prescribed by
18the Department of Justice, the identity of a person subject to the
19prohibition specified by subdivision (b) of Section 8100. Upon
20receipt of the report, the local law enforcement agency, on a form
21prescribed by the Department of Justice, shall notify the department
22electronically, within 24 hours, in a manner prescribed by the
23department, of the person who is subject to the prohibition specified
24by subdivision (b) of Section 8100.
25(d) All information provided to the Department of Justice
26pursuant to this section shall be kept confidential, separate, and
27apart from all other records maintained by the department. The
28information provided to the Department of Justice pursuant to this
29section shall be used
only for any of the following purposes:
30(1) By the department to determine eligibility of a person to
31acquire, carry, or possess firearms, destructive devices, or
32explosives.
33(2) For the purposes of the court proceedings described in
34subdivision (b) of Section 8100, to determine the eligibility of the
35person who is bringing the petition pursuant to paragraph (3) of
36subdivision (b) of Section 8100.
37(3) To determine the eligibility of a person to acquire, carry,
38or possess firearms, destructive devices, or explosives who is the
39subject of a criminal investigation, or who is the subject of a
40petition for the issuance of a gun violence restraining order issued
P31 1pursuant to Division 3.2 (commencing with Section 18100) of Title
22 of Part 6 of the Penal Code, if a part of the investigation involves
3the acquisition, carrying,
or possession of firearms, explosives, or
4destructive devices by that person.
5(e) Reports shall not be required or requested under this section
6if the same person has been previously reported pursuant to Section
78103 or 8104.
8(f) This section shall become operative on January 1, 2016.
The Legislature finds and declares that Section 3 of
11this act, which adds Section 18110 to the Penal Code, imposes a
12limitation on the public’s right of access to the meetings of public
13bodies or the writings of public officials and agencies within the
14meaning of Section 3 of Article I of the California Constitution.
15Pursuant to that constitutional provision, the Legislature makes
16the following findings to demonstrate the interest protected by this
17limitation and the need for protecting that interest:
18In order to protect the privacy rights of a person subject to a
19search pursuant to Section 18110 of the Penal Code.
Section 4.5
begin insertSections 4.5 and 5.5 end insertof this billbegin delete incorporatesend delete
22begin insert incorporateend insert amendments to Section 18250 of the Penal Code
23proposed by both this bill and Senate Bill 1154.begin delete Itend deletebegin insert Theyend insert shall only
24become
operative if (1) both bills are enacted and become effective
25on or before January 1, 2015, (2) each bill amends Section 18250
26of the Penal Code, and (3) this bill is enacted after Senate Bill
271154, in which casebegin delete Section 4end deletebegin insert Sections 4 and 5end insert of this bill shall
28not become operative.
No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution for certain
32costs that may be incurred by a local agency or school district
33because, in that regard, this act creates a new crime or infraction,
34eliminates a crime or infraction, or changes the penalty for a crime
35or infraction, within the meaning of Section 17556 of the
36Government Code, or changes the definition of a crime within the
37meaning of Section 6 of Article XIII B of the California
38Constitution.
39However, if the Commission on State Mandates determines that
40this act contains other costs mandated by the state, reimbursement
P32 1to local agencies and school districts for those costs shall be made
2pursuant to Part 7 (commencing with Section 17500) of Division
34 of Title 2 of the Government Code.
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