BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1014
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1014 (Skinner and Williams)
          As Amended  August 21, 2014
          Majority vote
           
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          |ASSEMBLY:  |     |(May 31, 2013)  |SENATE: |23-8 |(August 27,    |
          |           |     |                |        |     |2014)          |
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               (vote not relevant  )

           Original Committee Reference:    U. & C.  

           SUMMARY  :  Creates a Gun Violence Restraining Order (GVRO), which  
          is defined as "an order, in writing, signed by the court,  
          prohibiting and enjoining a named person from having under his  
          or her custody and control, owning, purchasing, possessing, or  
          receiving any firearms or ammunition."

           The Senate amendments  delete the Assembly version of this bill,  
          and instead:

          1)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 GVRO, if the  
            following apply: 

             a)   A prohibited firearm or ammunition or both are  
               possessed, owned, in the custody of, or controlled by a  
               person against whom a GVRO has been issued;

             b)   The person has been lawfully served with that order;  
               and,

             c)   The person has failed to relinquish the firearm as  
               required by law.

          2)Require the law enforcement officer executing a search warrant  
            based on a GVRO to take custody of any firearm or ammunition  
            that is in the restrained person's custody or control or  
            possession or that is owned by the restrained person, which is  
            discovered pursuant to a consensual or other lawful search.

          3)Specify if the location to be searched during the execution of  








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            the warrant is jointly occupied by the restrained person and  
            one or more other persons and a law enforcement officer  
            executing the warrant finds a firearm or ammunition in the  
            restrained person's custody or control or possession, but that  
            is owned by a person other than the restrained person, the  
            firearm or ammunition shall not be seized if both of the  
            following conditions are satisfied:

             a)   The firearm or ammunition is removed from the restrained  
               person's custody or control  or possession and stored in a  
               manner that the restrained person does not have access to  
               or control of the firearm or ammunition; and,

             b)   There is no evidence of unlawful possession of the  
               firearm or ammunition by the owner of the firearm or  
               ammunition.

          4)Provide if the location to be searched during the execution of  
            the warrant is jointly occupied by the restrained person and  
            one or more other persons and a locked gun safe is located  
            that is owned by a person other than the restrained person,  
            the contents of the gun safe shall not be searched except in  
            the owner's presence, and with his or her consent or with a  
            valid search warrant for the gun safe.

          5)Mandate the Judicial Council to prescribe the form of the  
            petitions and orders and any other documents, and promulgate  
            any rules of court necessary to implement these provisions.  

          6)State that a petition for a GVRO shall describe the number,  
            types, and locations of any firearms and ammunition presently  
            believed by the petitioner to be possessed or controlled by  
            the subject of the petition.

          7)Clarify that nothing in this bill shall be interpreted to  
            require a law enforcement agency or a law enforcement officer  
            to seek a GVRO in any case, including, but not limited to, in  
            a case in which the agency or officer concludes, after  
            investigation, that the criteria for issuance of a GVRO are  
            not satisfied.

          8)Provide that the court shall notify the Department of Justice  
            (DOJ) no later than one court day after issuing or renewing a  
            GVRO.









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          9)Require the court to notify DOJ when a GVRO has been dissolved  
            or terminated no later than five court days after dissolving  
            or terminating the order; and upon receipt of either a notice  
            of dissolution or a notice of termination of a GVRO, DOJ  
            shall, within 15 days, note document the updated status of any  
            GVRO issued.

          10)Provide when notifying DOJ, the court shall indicate on the  
            notice whether the person subject to the GVRO was present in  
            court to be informed of the contents of the order or if the  
            person failed to appear.  The person's presence in court shall  
            constitute proof of service of notice of the terms of the  
            order.

          11)Require, within one business day of service, a law  
            enforcement officer who served a GVRO to submit proof of  
            service directing into the California Restraining and  
            Protective Order System, including his or her name and law  
            enforcement agency, and shall transmit the original proof of  
            service form to the issuing court.

          12)Require, within one business day of receipt of proof of  
            service by a person other than a law enforcement officer, the  
            clerk of the court to submit the proof of service of a GVRO  
            directly into the California Restraining and Protective Order  
            System, including the name of the person who served the order.

          13)Specify if the court is unable to provide this notification  
            to DOJ by electronic transmission, the court shall, within one  
            business day of receipt, transmit a copy of the proof of  
            service to a local law enforcement agency; and the local law  
            enforcement agency shall submit the proof of service directly  
            into the California Restraining and Protective Order System  
            within one business day of receipt from the court.

          14)Prohibit a person subject to a GVRO from having in his or her  
            custody or control, owning, purchasing, possessing, or  
            receiving any firearms or ammunition while that order is in  
            effect.

          15)Require a court, upon issuance of a GVRO, 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. 









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          16)Require the surrender ordered by the court to occur by  
            immediately surrendering all firearms and ammunition in a safe  
            manner, upon request of any law enforcement officer, to the  
            control of the officer, after being served with the  
            restraining order.

          17)States, alternatively, if no request is made by a law  
            enforcement officer, the surrender shall occur within 24 hours  
            of being served with the order, by either surrendering all  
            firearms and ammunition in a safe manner to the control of the  
            local law enforcement agency, or by selling all firearms and  
            ammunition to a licensed gun dealer, as specified.

          18)Require the law enforcement officer or licensed gun dealer  
            taking possession of the firearm or firearms or ammunition or  
            both to issue a receipt to the person surrendering the firearm  
            or ammunition at the time of surrender.

          19)Provide that a person ordered to surrender all firearms and  
            ammunition pursuant to a GVRO shall, within 48 hours after  
            being served with the order, do both of the following:

             a)   File with the court that issued the GVRO, the original  
               receipt showing all firearms and ammunition have been  
               surrendered to a local law enforcement agency or sold to a  
               licensed gun dealer.  Failure to timely file a receipt  
               shall constitute a violation of the restraining order; and,

             b)   File a copy of the receipt with the law enforcement  
               agency that served the gun violence restraining order.   
               Failure to timely file a copy of the receipt shall  
               constitute a violation of the restraining order.

          20)State that any firearms or ammunition surrendered to a law  
            enforcement officer or law enforcement agency shall be  
            retained by the law enforcement agency until the expiration of  
            any GVRO that has been issued against the restrained person  
            and provide for the return of the firearms or ammunition after  
            the expiration of the GVRO.

          21)Provide if a person other than the restrained person claims  
            title to any firearms or ammunition surrendered pursuant to  
            this bill, and he or she is determined by the law enforcement  
            agency to be the lawful owner of the firearm or firearms or,  
            the firearm or firearms or ammunition shall be returned to him  








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            or her, as specified.

          22)Authorize a court to issue a temporary emergency GVRO on an  
            ex parte basis 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 the subject  
            of the petition or another by having in his or her custody or  
            control, owning, purchasing, possessing, or receiving a  
            firearm and that the temporary emergency GVRO is necessary to  
            prevent personal injury to himself, herself, or another, as  
            specified.

          23)State that a temporary emergency GVRO shall prohibit 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,  
            and shall expire 21 days from the date the order is issued.

          24)Require a law enforcement officer who requests a temporary  
            emergency GVRO 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 DOJ.

          25)Specify if the order is obtained orally the law enforcement  
            officer shall memorialize the order of the court on the form  
            approved by the Judicial Council.

          26)Provide that the petition for a temporary emergency GVRO  
            shall be obtained by submitting a written petition with the  
            court, unless time and circumstances do not permit the  
            submission of a written petition.

          27)Require the presiding judge of the superior court of each  
            county to designate at least one judge, commissioner, or  
            referee who shall be reasonably available to issue temporary  
            emergency GVROs when the court is not in session.

          28)Allow an immediate family member of a person or a law  
            enforcement officer to file a petition requesting that the  
            court issue an ex parte GVRO enjoining the subject of the  
            petition from having in his or her custody or control, owning,  
            purchasing, possessing, or receiving a firearm or ammunition.








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          29)Authorize a court to issue an ex parte GVRO supported by a  
            written affidavit or oral statement by the petitioner and any  
            additional information provided to the court that shows that  
            there is a substantial likelihood that both of the following  
            are true: 

             a)   The subject of the petition poses a significant danger,  
               in the near future, of personal injury to himself, herself,  
               or another by having in his or her custody or control,  
               owning, purchasing, possessing, or receiving a firearm as  
               determined by considering the listed factors; and,

             b)   The ex parte GVRO is necessary to prevent personal  
               injury to the subject of the petition or another because  
               less restrictive alternatives either have been tried and  
               found to be ineffective, or are inadequate or inappropriate  
               for the circumstances of the subject of the petition. 

          30)State that an affidavit supporting a petition for the  
            issuance of an ex parte GVRO shall set forth the facts tending  
            to establish the grounds of the petition, or the reason for  
            believing that they exist.

          31)Require the ex parte gun violence restraining order to be  
            issued or denied on the same day that the petition is  
            submitted to the court, unless the petition is filed too late  
            in the day to permit effective review, in which case the order  
            shall be issued or denied on the next day of judicial business  
            in sufficient time for the order to be filed that day with the  
            clerk of the court.

          32)Require the court, before issuing an ex parte GVRO, to  
            examine on oath, the petitioner and any witness the petitioner  
            may produce.

          33)Provide, in lieu of examining the petitioner and any witness  
            the petitioner may produce, the court may require the  
            petitioner and any witness to submit a written affidavit.

          34)List specified procedures and evidence that the court must  
            consider in determining whether grounds for an ex parte GVRO  
            exist.

          35)Specify the contents of an ex parte GVRO.








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          36)State that the ex parte GVRO shall expire no later than 21  
            days after the date on the order.

          37)Require the court to hold a hearing within 21 days of issuing  
            the ex parte gun violence restraining order to determine if a  
            GVRO that is in effect for one year should be issued.

          38)Require a law enforcement officer to personally serve the ex  
            parte GVRO on the restrained person, or any person who is at  
            least 18 years of age and not party to the action, as  
            specified, if the restrained person can reasonably be located,  
            and inform the restrained person of the hearing.

          39)Allow an immediate family member of a person or a law  
            enforcement officer to request that a court, after notice and  
            a hearing, issue a GVRO enjoining the subject of the petition  
            from having in his or her custody or control, owning,  
            purchasing, possessing, or receiving a firearm or ammunition  
            for a period of one year.

          40)Authorize a court to issue a GVRO 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 as determined by considering the listed factors and  
            any other relevant evidence.

          41)Provide if the court finds that there is clear and convincing  
            evidence to believe that the subject of the petition, or a  
            person subject to an ex parte GVRO, 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 or ammunition and that the order is  
            necessary to prevent personal injury to himself, herself, or  
            another person, as specified, the court shall issue a GVRO for  
            a duration of one year.

          42)State if the court finds that there is not clear and  
            convincing evidence to support the issuance of a GVRO, the  
            court shall dissolve any temporary emergency or ex parte GVRO  
            then in effect.

          43)Require that the GVRO issued under the provisions of this  
            bill to last for a duration of one year, subject to  








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            termination by further order of the court at a hearing and  
            renewal by further order of the court.

          44)Provide when the court issues a GVRO, the court shall inform  
            the restrained person that he or she is entitled to one  
            hearing to request a termination of the order, and shall  
            provide the restrained person with a form to request a  
            hearing.

          45)Authorize a person subject to a GVRO to submit one written  
            request at any time during the effective period of the order  
            for a hearing to terminate the order.

          46)State if the court finds after the hearing that there is no  
            longer clear and convincing evidence to believe that the bases  
            for issuing the GVRO are true, the court shall terminate the  
            order.

          47)Allow the renewal of the GVRO for additional one-year periods  
            at the request of an immediate family member of a restrained  
            person or a law enforcement officer at any time within the  
            three months before the expiration of a GVRO.  

          48)Place the burden on the petitioner to prove by clear and  
            convincing evidence at a hearing that the GVRO should be  
            renewed.

          49)State that any hearing held pursuant to these provisions may  
            be continued upon a showing of good cause and any existing  
            order issued shall remain in full force and effect during the  
            period of continuance.

          50)Specify if a person subject to a GVRO was not present in  
            court at the time the order was issued or renewed, the GVRP  
            shall be personally served on the restrained person by a law  
            enforcement officer or any person who is at least 18 years of  
            age and not a party to the action, if the person can be  
            reasonably located.

          51)Make it a misdemeanor to file a petition for an ex parte GVRO  
            or a GVRO issued after hearing and notice, knowing the  
            information in the petition to be false or with the intent to  
            harass.

          52)Provide that every person who owns or possesses a firearm or  








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            ammunition with knowledge that he or she is prohibited from  
            doing so by a temporary emergency GVRO, an ex parte GVRO, or a  
            GVRO issued after notice and hearing, 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.

          53)State when serving a GVRO, the law enforcement officer, as  
            specified, shall take temporary custody of any firearm or  
            other deadly weapon in plain sight or discovered pursuant to a  
            consensual or other lawful search as necessary for the  
            protection of the peace officer or other persons present.

          54)Add language from SB 1154 (Hancock) of the current  
            legislative session, to avoid chaptering issues.

          55)Delay implementation of the provisions in this bill until  
            January 1, 2016.

           EXISTING LAW  :

          1)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.

          2)Provides that a search warrant cannot be issued but upon  
            probable cause, supported by affidavit, naming or describing  
            the person to be searched or searched for, and particularly  
            describing the property, thing or things and the place to be  
            searched.

          3)Requires the Attorney General to establish and maintain an  
            online database to be known as the Prohibited Armed Persons  
            File.  The purpose of the file is to cross-reference persons  
            who have ownership or possession of a firearm on or after  
            January 1, 1991, as indicated by a record in the Consolidated  
            Firearms Information System, and who, subsequent to the date  
            of that ownership or possession of a firearm, fall within a  
            class of persons who are prohibited from owning or possessing  
            a firearm.









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          4)Provides that any person taken into custody, assessed, and  
            admitted to a designated facility due to that person being  
            found to be a danger to themselves or others as a result of a  
            mental disorder, is prohibited from possessing a firearm  
            during treatment and for five years from the date of their  
            discharge.

           AS PASSED BY THE ASSEMBLY  , this bill created a new renewable  
          energy program substantially similar to a settlement agreement  
          filed at the California Public Utilities Commission.  

          FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee:

          1)One-time significant costs potentially in excess of $250,000  
            General Fund (GF) to the Judicial Council to develop forms,  
            instructions, standards, and procedures.

          2)Potentially significant ongoing costs to the trial courts,  
            potentially in the hundreds of thousands to low millions of  
            dollars GF to hold hearings, issue warrants, and issue gun  
            violence restraining orders.  Actual costs would be dependent  
            of the volume of petitions filed by law enforcement and family  
            members.

          3)One-time and ongoing costs of about $200,000 GF to DOJ to  
            upgrade automation systems to accommodate the new information,  
            provide training to various entities to facilitate the process  
            of submittal, recording, and tracking of gun violence  
            restraining order status.

          4)Ongoing potentially significant state-reimbursable costs GF  
            for law enforcement to retain surrendered firearms and  
            ammunition during the restraining order period, issue a  
            receipt to the restrained person at the time of surrender, and  
            serve ex parte restraining orders.

          5)Non-reimbursable local law enforcement agency costs for  
            enforcement and incarceration, 
            offset to a degree by fine revenue for misdemeanor violations  
            of the provisions of this measure.

           COMMENTS  :  According to the author, "AB 1014, modeled on our  
          state's domestic violence restraining order laws, provides  
          family members and law enforcement with legal tools similar to  








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          those now available in Connecticut, Indiana, and Texas for  
          protecting loved ones and the public from the danger of gun  
          violence.  AB 1014 allows for the removal of firearms from  
          individuals who are at risk for committing acts of violence.  It  
          establishes a process for obtaining a Gun Violence Restraining  
          Order (GVRO) from a court in order to temporarily limit (for one  
                                                              year, unless renewed) the individual's access to firearms when  
          there are warning signs or indications that the person is at  
          risk for violence.  

          "A Gun Violence Restraining Order is temporary, just like  
          Domestic-Violence Restraining Order.  The person who is affected  
          by the order cannot possess or purchase a firearm while the  
          order is in effect, but regains his or her right to possess  
          firearms when the order expires or is revoked by the court."

          This bill was substantially amended in the Senate and the  
          Assembly-approved version of this bill was deleted.  This bill,  
          as amended in the Senate, is inconsistent with Assembly actions  
          and the provisions of this bill, as amended in the Senate, have  
          not been heard in an Assembly policy committee.


           Analysis Prepared by  :    Stella Choe / PUB. S. / (916) 319-3744 


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