Amended in Senate June 24, 2013

Amended in Assembly April 22, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1131


Introduced by Assembly Member Skinner

February 22, 2013


An act to amend Sectionsbegin delete 26070, 26073, 26080, and 26081 of the Public Resources Code, relating to energy, and making an appropriation thereforend deletebegin insert 8100, 8102, 8103, 8104, and 8105 of the Welfare and Institutions Code, relating to firearmsend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 1131, as amended, Skinner. begin deleteEnergy: renewable energy and energy efficiency projects: financial assistance. end deletebegin insertFirearms.end insert

begin insert

(1) Existing law prohibits a person from possessing a firearm or deadly weapon for a period of 6 months whenever he or she communicates to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims. Under existing law, a violation of this provision is a crime. Existing law allows a person subject to these provisions to petition the superior court of his or her county for an order that he or she may possess a firearm, as provided.

end insert
begin insert

This bill would increase the prohibitory period from 6 months to 5 years. By increasing the scope of an existing crime, this bill would impose a state-mandated local program. This bill would revise the provisions allowing a person to petition the court for an order that would allow him or her to possess a firearm to conform with other provisions of existing law.

end insert
begin insert

(2) Existing law requires that if a person who has been detained or apprehended for examination of his or her mental condition, or who is a mentally ill individual prohibited from possessing firearms, is found to own or possess a firearm, a law enforcement agency or peace officer is required to confiscate the firearm. Existing law requires the peace officer or law enforcement agency, upon confiscation of that firearm from a person who has been detained or apprehended for examination of his or her mental condition, to notify the person of the procedure for the return of the firearm.

end insert
begin insert

Existing law prescribes specified requirements that govern the return of confiscated firearms in the custody or control of a court or law enforcement agency. Under these provisions of law, a person who wishes to have the firearm returned is required to submit a specified application and fee to the Department of Justice, and to meet specified criteria.

end insert
begin insert

This bill would apply these requirements to persons who have been detained or apprehended for examination and mentally ill individuals who are prohibited from possessing firearms who have had their firearms confiscated. By creating new notification duties for peace officers and law enforcement agencies, this bill would impose a state-mandated local program.

end insert
begin insert

(3) Existing law requires reports to be submitted immediately to the Department of Justice in connection with mentally ill individuals who are prohibited from possessing firearms and dangerous weapons.

end insert
begin insert

This bill would specify that, for these purposes, “immediately” means a period of time not exceeding 24 hours. The bill would require notices and reports submitted to the Department of Justice in connection with these provisions to be submitted in an electronic format, in a manner prescribed by the Department of Justice.

end insert
begin insert

(4) Existing law prohibits a person from possessing a firearm or deadly weapon for a period of 6 months when the person has communicated a serious threat of physical violence against a reasonably identifiable victim or victims to a licensed psychotherapist. Existing law requires the licensed psychotherapist to immediately report the identity of the person to a local law enforcement agency, and requires the local law enforcement agency to immediately notify the Department of Justice.

end insert
begin insert

This bill would instead require the licensed psychotherapist to make the report to local law enforcement within 24 hours, in a manner prescribed by the department. The bill would require the local law enforcement agency receiving the report to notify the department electronically within 24 hours, in a manner prescribed by the department.

end insert
begin insert

(5) 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.

end insert
begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert
begin insert

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.

end insert
begin delete

(1) Existing law authorizes local governments to assist property owners to finance the installation of distributed generation renewable energy sources, electric vehicle charging infrastructure, or energy or water efficiency improvements through the issuance of bonds that are secured by a voluntary contractual assessment on property (PACE bonds). Existing law requires the California Alternative Energy and Advanced Transportation Financing Authority to develop and administer a program to reduce the overall costs to property owners of PACE bonds by providing a reserve of no more than 10% of the initial principal amount of the PACE bonds. Existing law requires the authority to administer a Clean Energy Upgrade Program to reduce overall costs to property owners of a loan provided by a financial institution to finance the installation of distributed generation renewable energy sources, electric vehicle charging infrastructure, or energy or water efficiency improvements that are permanently fixed to real property by providing a reserve or other financial assistance at a level to be determined by the State Energy Resources Conservation and Development Commission and the authority. Existing law, until January 1, 2015, appropriates up to $50,000,000 from the Renewable Resource Trust Fund for the above purposes. Existing law requires the authority, until January 1, 2015, to submit a report to the Legislature regarding the implementation of the above programs.

end delete
begin delete

This bill would extend that appropriation and the reporting requirement to January 1, 2017.

end delete
begin delete

(2) Existing law requires the authority to administer the Clean Energy Upgrade Program to provide loans for energy-related improvements for a residential project of 3 units or fewer or energy-related commercial projects that cost less than $25,000. Existing law requires the authority, in evaluating the eligibility of a loan program for the Clean Energy Upgrade Program, to consider, among other things, whether the loans made under the loan program are for less than 10% of the value of the property.

end delete
begin delete

This bill would expand the Clean Energy Upgrade Program to provide financial assistance for residential projects eligible for the program to 4 units or fewer and for energy-related projects for mobilehomes and would delete requirement that the authority consider whether the loan is for less than 10% of the value of the property. By expanding the eligibility of loan programs under the Clean Energy Upgrade Program, this bill would make an appropriation.

end delete

Vote: begin delete23 end deletebegin insertmajorityend insert. Appropriation: begin deleteyes end deletebegin insertnoend insert. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 8100 of the end insertbegin insertWelfare and Institutions Codeend insert
2begin insert is amended to read:end insert

3

8100.  

(a) A person shall not have in his or her possession or
4under his or her custody or control, or purchase or receive, or
5attempt to purchase or receive, any firearms whatsoever or any
6other deadly weapon, if on or after January 1, 1992, he or she has
7been admitted to a facility and is receiving inpatient treatment and,
8in the opinion of the attending health professional who is primarily
9responsible for the patient’s treatment of a mental disorder, is a
10danger to self or others, as specified by Section 5150, 5250, or
115300, even though the patient has consented to that treatment. A
12person is not subject tobegin insert the prohibition inend insert this subdivisionbegin delete onceend delete
13begin insert afterend insert he or she is discharged from the facility.

14(b) (1) A person shall not have in his or her possession or under
15his or her custody or control, or purchase or receive, or attempt to
16purchase or receive, any firearms whatsoever or any other deadly
17weapon for a period ofbegin delete six months wheneverend deletebegin insert five years ifend insert, on or
18after January 1,begin delete 1992,end deletebegin insert 2014,end insert he or she communicates to a licensed
19psychotherapist, as defined in subdivisions (a) to (e), inclusive, of
20Section 1010 of the Evidence Code, a serious threat of physical
21violence against a reasonably identifiable victim or victims. The
22begin delete six-monthend deletebegin insert five-yearend insert period shall commence from the date that the
23licensed psychotherapist reports to the local law enforcement
24agency the identity of the person making the communication. The
P5    1prohibition provided for in this subdivision shall not apply unless
2the licensed psychotherapist notifies a local law enforcement
3agency of the threat by that person. The person, however, may
4own, possess, have custody or control over, or receive or purchase
5any firearm if a superior court, pursuant to paragraph (3) and upon
6petition of the person, has found, by a preponderance of the
7evidence, that the person is likely to use firearms or other deadly
8weapons in a safe and lawful manner.

9(2) Upon receipt of the report from the local law enforcement
10agency pursuant to subdivision (c) of Section 8105, the Department
11of Justice shall notify by certified mail, return receipt requested,
12a person subject to this subdivision of the following:

13(A) That he or she is prohibited from possessing, having custody
14or control over, receiving, or purchasing any firearm or other
15deadly weapon for a period ofbegin delete six monthsend deletebegin insert five yearsend insert commencing
16from the date that the licensed psychotherapist reports to the local
17law enforcement agency the identity of the person making the
18communication. The notice shall state the date when the prohibition
19commences and ends.

20(B) That he or she may petition a court, as provided in this
21subdivision, for an order permitting the person to own, possess,
22control, receive, or purchase a firearm.

23(3) begin insert(A)end insertbegin insertend insert Any person who is subject to paragraph (1) may petition
24the superior court of his or her county of residence for an order
25that he or she may own, possess, have custody or control over,
26receive, or purchase firearms. At the time the petition is filed, the
27clerk of the court shall set a hearing date and notify the person,
28the Department of Justice, and the district attorney. The people of
29the State of California shall be the respondent in the proceeding
30and shall be represented by the district attorney. Upon motion of
31the district attorney, or upon its own motion, the superior court
32may transfer the petition to the county in which the person resided
33at the time of the statements, or the county in which the person
34made the statements. Within seven days after receiving notice of
35the petition, the Department of Justice shall file copies of the
36reports described in Section 8105 with the superior court. The
37reports shall be disclosed upon request to the person and to the
38 district attorney. The district attorney shall be entitled to a
39continuance of the hearing to a date of not less than 14 days after
40the district attorney is notified of the hearing date by the clerk of
P6    1the court. The court, upon motion of the petitioner establishing
2that confidential information is likely to be discussed during the
3hearing that would cause harm to the person, shall conduct the
4hearing in camera with only the relevant parties present, unless
5the court finds that the public interest would be better served by
6conducting the hearing in public. Notwithstanding any other
7provision of law, declarations, police reports, including criminal
8history information, and any other material and relevant evidence
9that is not excluded under Section 352 of the Evidence Code, shall
10be admissible at the hearing under this paragraph. begin delete If the court finds
11by a preponderance of the evidence that the person would be likely
12to use firearms in a safe and lawful manner, the court shall order
13that the person may have custody or control over, receive, possess,
14or purchase firearms. A copy of the order shall be submitted to the
15Department of Justice. Upon receipt of the order, the department
16shall delete any reference to the prohibition against firearms from
17the person’s state summary criminal history information.end delete

begin insert

18(B) The people shall bear the burden of showing by a
19preponderance of the evidence that the person would not be likely
20to use firearms in a safe and lawful manner.

end insert
begin insert

21(C) If the court finds at the hearing that the people have not met
22their burden as set forth in subparagraph (B), the court shall order
23that the person shall not be subject to the five-year prohibition in
24this section on the ownership, control, receipt, possession, or
25purchase of firearms, and that person shall comply with the
26procedure described in Chapter 2 (commencing with Section
2733850) of Division 11 of Title 4 of Part 6 of the Penal Code for
28the return of any firearms. A copy of the order shall be submitted
29to the Department of Justice. Upon receipt of the order, the
30Department of Justice shall delete any reference to the prohibition
31against firearms from the person’s state mental health firearms
32prohibition system information.

end insert
begin insert

33(D) If the district attorney declines or fails to go forward in the
34hearing, the court shall order that the person shall not be subject
35to the five-year prohibition required by this subdivision on the
36ownership, control, receipt, possession, or purchase of firearms,
37and that person shall comply with the procedure described in
38Chapter 2 (commencing with Section 33850) of Division 11 of
39Title 4 of Part 6 of the Penal Code for the return of any firearms.
40A copy of the order shall be submitted to the Department of Justice.
P7    1Upon receipt of the order, the Department of Justice shall, within
215 days, delete any reference to the prohibition against firearms
3from the person’s state mental health firearms prohibition system
4information.

end insert
begin insert

5(E) Nothing in this subdivision shall prohibit the use of reports
6filed pursuant to this section to determine the eligibility of a person
7to own, possess, control, receive, or purchase a firearm if the
8person is the subject of a criminal investigation, a part of which
9involves the ownership, possession, control, receipt, or purchase
10of a firearm.

end insert

11(c) “Discharge,” for the purposes of this section, does not include
12a leave of absence from a facility.

13(d) “Attending health care professional,” as used in this section,
14means the licensed health care professional primarily responsible
15for the person’s treatment who is qualified to make the decision
16that the person has a mental disorder and has probable cause to
17believe that the person is a danger to self or others.

18(e) “Deadly weapon,” as used in this section and in Sections
198101, 8102, and 8103, means any weapon, the possession or
20concealed carrying of which is prohibited by any provision listed
21in Section 16590 of the Penal Code.

22(f) “Danger to self,” as used in subdivision (a), means a
23voluntary person who has made a serious threat of, or attempted,
24suicide with the use of a firearm or other deadly weapon.

25(g) A violation of subdivision (a) of, or paragraph (1) of
26subdivision (b) of, this section shall be a public offense, punishable
27by imprisonment pursuant to subdivision (h) of Section 1170 of
28the Penal Code, or in a county jail for not more than one year, by
29a fine not exceeding one thousand dollars ($1,000), or by both that
30imprisonment and fine.

31(h) The prohibitions set forth in this section shall be in addition
32to those set forth in Section 8103.

33(i) Any person admitted and receiving treatment prior to January
341, 1992, shall be governed by this section, as amended by Chapter
351090 of the Statutes of 1990, until discharged from the facility.

36begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 8102 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
37amended to read:end insert

38

8102.  

(a) Whenever a person, who has been detained or
39apprehended for examination of his or her mental condition or
40who is a person described in Section 8100 or 8103, is found to
P8    1own, have in his or her possession or under his or her control, any
2firearm whatsoever, or any other deadly weapon, the firearm or
3other deadly weapon shall be confiscated by any law enforcement
4agency or peace officer, who shall retain custody of the firearm
5or other deadly weapon.

6“Deadly weapon,” as used in this section, has the meaning
7prescribed by Section 8100.

8(b) begin insert(1)end insertbegin insertend insert Upon confiscation of any firearm or other deadly
9weapon from a person who has been detained or apprehended for
10examination of his or her mental condition, the peace officer or
11law enforcement agency shall notify the person of the procedure
12for the return of any firearm or other deadly weapon which has
13been confiscated.

begin delete

14Where

end delete

15begin insert(2)end insertbegin insertend insertbegin insertIfend insert the person is released, the professional person in charge
16of the facility, or his or her designee, shall notify the person of the
17procedure for the return of any firearm or other deadly weapon
18which may have been confiscated.

begin delete

19Health

end delete

20begin insert (3)end insertbegin insertend insertbegin insertHealthend insert facility personnel shall notify the confiscating law
21enforcement agency upon release of the detained person, and shall
22make a notation to the effect that the facility provided the required
23notice to the person regarding the procedure to obtain return of
24any confiscated firearm.

begin insert

25(4) For purposes of this subdivision, the procedure for the return
26of confiscated firearms includes the procedures described in this
27section and the procedures described in Chapter 2 (commencing
28with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal
29Code.

end insert

30(c) Upon the release of a person as described in subdivision (b),
31the confiscating law enforcement agency shall have 30 days to
32initiate a petition in the superior court for a hearing to determine
33whether the return of a firearm or other deadly weapon would be
34likely to result in endangering the person or others, and to send a
35notice advising the person of his or her right to a hearing on this
36issue. The law enforcement agency may make an ex parte
37application stating good cause for an order extending the time to
38file a petition. Including any extension of time granted in response
39to an ex parte request, a petitionbegin delete mustend deletebegin insert shallend insert be filed within 60 days
40of the release of the person from a health facility.

P9    1(d) If the law enforcement agency does not initiate proceedings
2within the 30-day period, or the period of time authorized by the
3court in an ex parte order issued pursuant to subdivision (c), it
4shall make the weapon available for returnbegin insert upon compliance with
5all applicable requirements, including the requirements specified
6in Chapter 2 (commencing with Section 33850) of Division 11 of
7Title 4 of Part 6 of the Penal Codeend insert
.

8(e) The law enforcement agency shall inform the person that he
9or she has 30 days to respond to the court clerk to confirm his or
10her desire for a hearing, and that the failure to respond will result
11in a default order forfeiting the confiscated firearm or weapon.
12begin insert For a confiscated firearm, the period of forfeiture is 180 days
13pursuant to Section 33875 of the Penal Code, unless the person
14contacts the law enforcement agency to facilitate the sale or
15transfer of the firearm to a licensed dealer pursuant to Section
1633870 of the Penal Code.end insert
For the purpose of this subdivision, the
17person’s last known address shall be the address provided to the
18law enforcement officer by the person at the time of the person’s
19detention or apprehension.

20(f) If the person responds and requests a hearing, the court clerk
21shall set a hearing, no later than 30 days from receipt of the request.
22The court clerk shall notify the person and the district attorney of
23the date, time, and place of the hearing.

24(g) If the person does not respond within 30 days of the notice,
25the law enforcement agency may file a petition for order of defaultbegin insert,
26allowing the law enforcement agency to destroy the firearm in 180
27days from the date the court enters default unless the person
28contacts the law enforcement agency to facilitate the sale or
29transfer of the firearm to a licensed dealer pursuant to Section
3033870 of the Penal Codeend insert
.

31begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 8103 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
32amended to read:end insert

33

8103.  

(a) (1) No person who after October 1, 1955, has been
34adjudicated by a court of any state to be a danger to others as a
35result of a mental disorder or mental illness, or who has been
36adjudicated to be a mentally disordered sex offender, shall purchase
37or receive, or attempt to purchase or receive, or have in his or her
38possession, custody, or control any firearm or any other deadly
39weapon unless there has been issued to the person a certificate by
40the court of adjudication upon release from treatment or at a later
P10   1date stating that the person may possess a firearm or any other
2deadly weapon without endangering others, and the person has
3not, subsequent to the issuance of the certificate, again been
4adjudicated by a court to be a danger to others as a result of a
5mental disorder or mental illness.

6(2) The court shall immediately notify the Department of Justice
7of the court order finding the individual to be a person described
8in paragraph (1). The court shall alsobegin insert immediatelyend insert notify the
9Department of Justice of any certificate issued as described in
10paragraph (1).

11(b) (1) No person who has been found, pursuant to Section
121026 of the Penal Code or the law of any other state or the United
13States, not guilty by reason of insanity of murder, mayhem, a
14violation of Section 207, 209, or 209.5 of the Penal Code in which
15the victim suffers intentionally inflicted great bodily injury,
16carjacking or robbery in which the victim suffers great bodily
17injury, a violation of Section 451 or 452 of the Penal Code
18involving a trailer coach, as defined in Section 635 of the Vehicle
19Code, or any dwelling house, a violation of paragraph (1) or (2)
20of subdivision (a) of Section 262 or paragraph (2) or (3) of
21subdivision (a) of Section 261 of the Penal Code, a violation of
22Section 459 of the Penal Code in the first degree, assault with
23intent to commit murder, a violation of Section 220 of the Penal
24Code in which the victim suffers great bodily injury, a violation
25of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the
26Penal Code, or of a felony involving death, great bodily injury, or
27an act which poses a serious threat of bodily harm to another
28person, or a violation of the law of any other state or the United
29States that includes all the elements of any of the above felonies
30as defined under California law, shall purchase or receive, or
31attempt to purchase or receive, or have in his or her possession or
32under his or her custody or control any firearm or any other deadly
33weapon.

34(2) The court shall immediately notify the Department of Justice
35of the court order finding the person to be a person described in
36paragraph (1).

37(c) (1) No person who has been found, pursuant to Section 1026
38of the Penal Code or the law of any other state or the United States,
39not guilty by reason of insanity of any crime other than those
40described in subdivision (b) shall purchase or receive, or attempt
P11   1to purchase or receive, or shall have in his or her possession,
2custody, or control any firearm or any other deadly weapon unless
3the court of commitment has found the person to have recovered
4sanity, pursuant to Section 1026.2 of the Penal Code or the law of
5any other state or the United States.

6(2) The court shall immediately notify the Department of Justice
7of the court order finding the person to be a person described in
8paragraph (1). The court shall also notify the Department of Justice
9when it finds that the person has recovered his or her sanity.

10(d) (1) No person found by a court to be mentally incompetent
11to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code
12or the law of any other state or the United States, shall purchase
13or receive, or attempt to purchase or receive, or shall have in his
14or her possession, custody, or control, any firearm or any other
15deadly weapon, unless there has been a finding with respect to the
16person of restoration to competence to stand trial by the committing
17court, pursuant to Section 1372 of the Penal Code or the law of
18any other state or the United States.

19(2) The court shall immediately notify the Department of Justice
20of the court order finding the person to be mentally incompetent
21as described in paragraph (1). The court shall also notify the
22Department of Justice when it finds that the person has recovered
23his or her competence.

24(e) (1) No person who has been placed under conservatorship
25by a court, pursuant to Section 5350 or the law of any other state
26or the United States, because the person is gravely disabled as a
27result of a mental disorder or impairment by chronic alcoholism,
28shall purchase or receive, or attempt to purchase or receive, or
29shall have in his or her possession, custody, or control, any firearm
30or any other deadly weapon while under the conservatorship if, at
31the time the conservatorship was ordered or thereafter, the court
32which imposed the conservatorship found that possession of a
33firearm or any other deadly weapon by the person would present
34a danger to the safety of the person or to others. Upon placing any
35person under conservatorship, and prohibiting firearm or any other
36deadly weapon possession by the person, the court shall notify the
37person of this prohibition.

38(2) The court shall immediately notify the Department of Justice
39of the court order placing the person under conservatorship and
40prohibiting firearm or any other deadly weapon possession by the
P12   1person as described in paragraph (1). The notice shall include the
2date the conservatorship was imposed and the date the
3conservatorship is to be terminated. If the conservatorship is
4subsequently terminated before the date listed in the notice to the
5Department of Justice or the court subsequently finds that
6possession of a firearm or any other deadly weapon by the person
7would no longer present a danger to the safety of the person or
8others, the court shall immediately notify the Department of Justice.

9(3) All information provided to the Department of Justice
10pursuant to paragraph (2) shall be kept confidential, separate, and
11apart from all other records maintained by the Department of
12Justice, and shall be used only to determine eligibility to purchase
13or possess firearms or other deadly weapons. Any person who
14knowingly furnishes that information for any other purpose is
15guilty of a misdemeanor. All the information concerning any person
16shall be destroyed upon receipt by the Department of Justice of
17notice of the termination of conservatorship as to that person
18pursuant to paragraph (2).

19(f) (1) No person who has been (A) taken into custody as
20provided in Section 5150 because that person is a danger to himself,
21herself, or to others, (B) assessed within the meaning of Section
225151, and (C) admitted to a designated facility within the meaning
23of Sections 5151 and 5152 because that person is a danger to
24himself, herself, or others, shall own, possess, control, receive, or
25purchase, or attempt to own, possess, control, receive, or purchase
26any firearm for a period of five years after the person is released
27from the facility. A person described in the preceding sentence,
28however, may own, possess, control, receive, or purchase, or
29attempt to own, possess, control, receive, or purchase any firearm
30if the superior court has, pursuant to paragraph (5), found that the
31people of the State of California have not met their burden pursuant
32to paragraph (6).

33(2) (A) For each person subject to this subdivision, the facility
34shall immediately, on the date of admission, submit a report to the
35Department of Justice, on a form prescribed by the Department of
36Justice, containing information that includes, but is not limited to,
37the identity of the person and the legal grounds upon which the
38person was admitted to the facility.

39Any report submitted pursuant to this paragraph shall be
40confidential, except for purposes of the court proceedings described
P13   1in this subdivision and for determining the eligibility of the person
2to own, possess, control, receive, or purchase a firearm.

3(B) Commencing July 1, 2012, facilities shall submit reports
4pursuant to this paragraph exclusively by electronic means, in a
5manner prescribed by the Department of Justice.

6(3) Prior to, or concurrent with, the discharge, the facility shall
7inform a person subject to this subdivision that he or she is
8prohibited from owning, possessing, controlling, receiving, or
9purchasing any firearm for a period of five years. Simultaneously,
10the facility shall inform the person that he or she may request a
11hearing from a court, as provided in this subdivision, for an order
12permitting the person to own, possess, control, receive, or purchase
13a firearm. The facility shall provide the person with a form for a
14request for a hearing. The Department of Justice shall prescribe
15the form. Where the person requests a hearing at the time of
16discharge, the facility shall forward the form to the superior court
17unless the person states that he or she will submit the form to the
18superior court.

19(4) The Department of Justice shall provide the form upon
20request to any person described in paragraph (1). The Department
21of Justice shall also provide the form to the superior court in each
22county. A person described in paragraph (1) may make a single
23request for a hearing at any time during the five-year period. The
24request for hearing shall be made on the form prescribed by the
25department or in a document that includes equivalent language.

26(5) Any person who is subject to paragraph (1) who has
27requested a hearing from the superior court of his or her county
28of residence for an order that he or she may own, possess, control,
29receive, or purchase firearms shall be given a hearing. The clerk
30of the court shall set a hearing date and notify the person, the
31Department of Justice, and the district attorney. The people of the
32State of California shall be the plaintiff in the proceeding and shall
33be represented by the district attorney. Upon motion of the district
34attorney, or on its own motion, the superior court may transfer the
35hearing to the county in which the person resided at the time of
36his or her detention, the county in which the person was detained,
37or the county in which the person was evaluated or treated. Within
38seven days after the request for a hearing, the Department of Justice
39shall file copies of the reports described in this section with the
40superior court. The reports shall be disclosed upon request to the
P14   1person and to the district attorney. The court shall set the hearing
2within 30 days of receipt of the request for a hearing. Upon
3showing good cause, the district attorney shall be entitled to a
4continuance not to exceed 14 days after the district attorney was
5notified of the hearing date by the clerk of the court. If additional
6continuances are granted, the total length of time for continuances
7shall not exceed 60 days. The district attorney may notify the
8county mental health director of the hearing who shall provide
9information about the detention of the person that may be relevant
10to the court and shall file that information with the superior court.
11That information shall be disclosed to the person and to the district
12attorney. The court, upon motion of the person subject to paragraph
13(1) establishing that confidential information is likely to be
14discussed during the hearing that would cause harm to the person,
15shall conduct the hearing in camera with only the relevant parties
16present, unless the court finds that the public interest would be
17better served by conducting the hearing in public. Notwithstanding
18any other law, declarations, police reports, including criminal
19history information, and any other material and relevant evidence
20that is not excluded under Section 352 of the Evidence Code shall
21be admissible at the hearing under this section.

22(6) The people shall bear the burden of showing by a
23preponderance of the evidence that the person would not be likely
24to use firearms in a safe and lawful manner.

25(7) If the court finds at the hearing set forth in paragraph (5)
26that the people have not met their burden as set forth in paragraph
27(6), the court shall order that the person shall not be subject to the
28five-year prohibition in this section on the ownership, control,
29receipt, possession, or purchase of firearmsbegin insert, and that person shall
30comply with the procedure described in Chapter 2 (commencing
31with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal
32Code for the return of any firearmsend insert
. A copy of the order shall be
33 submitted to the Department of Justice. Upon receipt of the order,
34the Department of Justice shall delete any reference to the
35prohibition against firearms from the person’s state mental health
36firearms prohibition system information.

37(8) Where the district attorney declines or fails to go forward
38in the hearing, the court shall order that the person shall not be
39subject to the five-year prohibition required by this subdivision
40on the ownership, control, receipt, possession, or purchase of
P15   1firearms. A copy of the order shall be submitted to the Department
2of Justice. Upon receipt of the order, the Department of Justice
3shall, within 15 days, delete any reference to the prohibition against
4firearms from the person’s state mental health firearms prohibition
5system informationbegin insert, and that person shall comply with the
6procedure described in Chapter 2 (commencing with Section
733850) of Division 11 of Title 4 of Part 6 of the Penal Code for
8the return of any firearmsend insert
.

9(9) Nothing in this subdivision shall prohibit the use of reports
10filed pursuant to this section to determine the eligibility of persons
11to own, possess, control, receive, or purchase a firearm if the person
12is the subject of a criminal investigation, a part of which involves
13the ownership, possession, control, receipt, or purchase of a
14firearm.

15(g) (1) No person who has been certified for intensive treatment
16under Section 5250, 5260, or 5270.15 shall own, possess, control,
17receive, or purchase, or attempt to own, possess, control, receive,
18or purchase, any firearm for a period of five years.

19Any person who meets the criteria contained in subdivision (e)
20or (f) who is released from intensive treatment shall nevertheless,
21if applicable, remain subject to the prohibition contained in
22subdivision (e) or (f).

23(2) (A) For each person certified for intensive treatment under
24paragraph (1), the facility shall immediately submit a report to the
25Department of Justice, on a form prescribed by the department,
26containing information regarding the person, including, but not
27limited to, the legal identity of the person and the legal grounds
28upon which the person was certified. Any report submitted pursuant
29to this paragraph shall only be used for the purposes specified in
30paragraph (2) of subdivision (f).

31(B) Commencing July 1, 2012, facilities shall submit reports
32pursuant to this paragraph exclusively by electronic means, in a
33manner prescribed by the Department of Justice.

34(3) Prior to, or concurrent with, the discharge of each person
35certified for intensive treatment under paragraph (1), the facility
36shall inform the person of that information specified in paragraph
37(3) of subdivision (f).

38(4) Any person who is subject to paragraph (1) may petition the
39superior court of his or her county of residence for an order that
40he or she may own, possess, control, receive, or purchase firearms.
P16   1At the time the petition is filed, the clerk of the court shall set a
2hearing date and notify the person, the Department of Justice, and
3the district attorney. The people of the State of California shall be
4the respondent in the proceeding and shall be represented by the
5district attorney. Upon motion of the district attorney, or on its
6own motion, the superior court may transfer the petition to the
7county in which the person resided at the time of his or her
8detention, the county in which the person was detained, or the
9county in which the person was evaluated or treated. Within seven
10days after receiving notice of the petition, the Department of Justice
11shall file copies of the reports described in this section with the
12superior court. The reports shall be disclosed upon request to the
13person and to the district attorney. The district attorney shall be
14entitled to a continuance of the hearing to a date of not less than
1514 days after the district attorney was notified of the hearing date
16by the clerk of the court. The district attorney may notify the county
17mental health director of the petition, and the county mental health
18director shall provide information about the detention of the person
19that may be relevant to the court and shall file that information
20with the superior court. That information shall be disclosed to the
21person and to the district attorney. The court, upon motion of the
22person subject to paragraph (1) establishing that confidential
23information is likely to be discussed during the hearing that would
24cause harm to the person, shall conduct the hearing in camera with
25only the relevant parties present, unless the court finds that the
26public interest would be better served by conducting the hearing
27in public. Notwithstanding any other provision of law, any
28declaration, police reports, including criminal history information,
29and any other material and relevant evidence that is not excluded
30under Section 352 of the Evidence Code, shall be admissible at
31the hearing under this section. If the court finds by a preponderance
32of the evidence that the person would be likely to use firearms in
33a safe and lawful manner, the court may order that the person may
34own, control, receive, possess, or purchase firearmsbegin insert, and that
35person shall comply with the procedure described in Chapter 2
36(commencing with Section 33850) of Division 11 of Title 4 of Part
376 of the Penal Code for the return of any firearmsend insert
. A copy of the
38order shall be submitted to the Department of Justice. Upon receipt
39of the order, the Department of Justice shall delete any reference
P16   1to the prohibition against firearms from the person’s state mental
2health firearms prohibition system information.

3(h) begin insert(1)end insertbegin insertend insert For all persons identified in subdivisions (f) and (g),
4facilities shall report to the Department of Justice as specified in
5those subdivisions, except facilities shall not report persons under
6subdivision (g) if the same persons previously have been reported
7under subdivision (f).

begin delete

8Additionally,

end delete

9begin insert(2)end insertbegin insertend insertbegin insertAdditionally,end insert all facilities shall report to the Department of
10Justice upon the discharge of persons from whom reports have
11been submitted pursuant to subdivision (f) or (g). However, a report
12shall not be filed for persons who are discharged within 31 days
13after the date of admission.

14(i) Every person who owns or possesses or has under his or her
15custody or control, or purchases or receives, or attempts to purchase
16or receive, any firearm or any other deadly weapon in violation of
17this section shall be punished by imprisonment pursuant to
18subdivision (h) of Section 1170 of the Penal Code or in a county
19jail for not more than one year.

20(j) “Deadly weapon,” as used in this section, has the meaning
21prescribed by Section 8100.

begin insert

22(k) For purposes of this section, “immediately” means a period
23of time not exceeding 24 hours.

end insert
begin insert

24(l) Any notice or report required to be submitted to the
25Department of Justice pursuant to this section shall be submitted
26in an electronic format, in a manner prescribed by the Department
27of Justice.

end insert
28begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 8104 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
29amended to read:end insert

30

8104.  

The State Department of State Hospitals shall maintain
31in a convenient central location and shall make available to the
32Department of Justice those records that the State Department of
33State Hospitals has in its possession that are necessary to identify
34persons who come within Section 8100 or 8103.begin delete These records
35shall be madeend delete
begin insert Upon request of the Department of Justice, the State
36Department of State Hospitals shall make these recordsend insert
available
37to the Department of Justicebegin delete uponend deletebegin insert in electronic format within
38twenty-four hours of receiving theend insert
request. The Department of
39Justice shall make these requests only with respect to its duties
40with regard to applications for permits for, or to carry, or the
P18   1possession, purchase, or transfer of, explosives as defined in
2Section 12000 of the Health and Safety Code, devices defined in
3Section 16250, 16530, or 16640 of the Penal Code, in subdivisions
4(a) to (d), inclusive, of Section 16520 of the Penal Code, or in
5subdivision (a) of Section 16840 of the Penal Code, machineguns
6as defined in Section 16880 of the Penal Code, short-barreled
7shotguns or short-barreled rifles as defined in Sections 17170 and
817180 of the Penal Code, assault weapons as defined in Section
930510 of the Penal Code, and destructive devices as defined in
10Section 16460 of the Penal Code, or to determine the eligibility
11of a person to acquire, carry, or possess a firearm, explosive, or
12destructive device by a person who is subject to a criminal
13investigation, a part of which involves the acquisition, carrying,
14or possession of a firearm by that person. These records shall not
15be furnished or made available to any person unless the department
16determines that disclosure of any information in the records is
17necessary to carry out its duties with respect to applications for
18permits for, or to carry, or the possession, purchase, or transfer of,
19explosives, destructive devices, devices as defined in Section
2016250, 16530, or 16640 of the Penal Code, in subdivisions (a) to
21(d), inclusive, of Section 16520 of the Penal Code, or in subdivision
22(a) of Section 16840 of the Penal Code, short-barreled shotguns,
23short-barreled rifles, assault weapons, and machineguns, or to
24determine the eligibility of a person to acquire, carry, or possess
25a firearm, explosive, or destructive device by a person who is
26subject to a criminal investigation, a part of which involves the
27acquisition, carrying, or possession of a firearm by that person.

28begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 8105 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
29amended to read:end insert

30

8105.  

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

36(b) Upon request of the Department of Justice pursuant to
37subdivision (a), each public and private mental hospital, sanitarium,
38and institution shall submit to the department that information
39which the department deems necessary to identify those persons
40who are within subdivision (a) of Section 8100, in order to carry
P19   1out its duties in relation to firearms, destructive devices, and
2explosives.

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

12(d) All information provided to the Department of Justice
13pursuant to this section shall be kept confidential,begin delete separateend delete
14begin insert separate,end insert and apart from all other records maintained by the
15department. The information provided to the Department of Justice
16pursuant to this section shall be used only for any of the following
17purposes:

18(1) By the department to determine eligibility of a person to
19acquire, carry, or possess firearms, destructive devices, or
20explosives.

21(2) For the purposes of the court proceedings described in
22subdivision (b) of Section 8100begin insert,end insert to determine the eligibility of the
23person who is bringing the petition pursuant to paragraph (3) of
24subdivision (b) of Section 8100.

25(3) To determine the eligibility of a person to acquire, carry, or
26possess firearms, destructive devices, or explosives who is the
27subject of a criminal investigation, if a part of the criminal
28investigation involves the acquisition, carrying, or possession of
29firearms, explosives, or destructive devices by that person.

30(e) Reports shall not be required or requested under this section
31where the same person has been previously reported pursuant to
32Section 8103 or 8104.

33begin insert

begin insertSEC. 6.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution for certain
35costs that may be incurred by a local agency or school district
36because, in that regard, this act creates a new crime or infraction,
37eliminates a crime or infraction, or changes the penalty for a crime
38or infraction, within the meaning of Section 17556 of the
39Government Code, or changes the definition of a crime within the
P20   1meaning of Section 6 of Article XIII B of the California
2Constitution.

end insert
begin insert

3However, if the Commission on State Mandates determines that
4this act contains other costs mandated by the state, reimbursement
5to local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.

end insert
begin delete
8

SECTION 1.  

Section 26070 of the Public Resources Code is
9amended to read:

10

26070.  

The authority shall administer a Clean Energy Upgrade
11Program to reduce overall costs to the property owners of a loan
12provided by an applicant to finance the installation of distributed
13generation renewable energy sources, electric vehicle charging
14infrastructure, or energy or water efficiency improvements that
15are permanently fixed to real property by providing a reserve or
16other financial assistance at a level to be determined by the State
17Energy Resources Conservation and Development Commission
18and the authority. Improvements financed pursuant to this program
19shall be for a residential project of four units or fewer, a project
20for a mobilehome, as defined in Section 18008 of the Health and
21Safety Code, or a commercial project that costs less than
22twenty-five thousand dollars ($25,000) in total.

23

SEC. 2.  

Section 26073 of the Public Resources Code is
24amended to read:

25

26073.  

(a) In evaluating eligibility, the authority shall consider
26whether the applicant’s loan program includes the following
27conditions:

28(1) Loan recipients are legal owners of underlying property.

29(2) Loan recipients are current on mortgage and property tax
30payments.

31(3) Loan recipients are not in default or in bankruptcy
32proceedings.

33(4) The program offers financing for energy and water efficiency
34improvements.

35(5) Improvements financed by the program follow applicable
36standards of energy efficiency retrofit work, including any
37guidelines adopted by the State Energy Resources Conservation
38and Development Commission.

39(b) In evaluating an application, the authority shall consider all
40of the following factors:

P21   1(1) The use by the loan program of best practices, adopted by
2the authority, to qualify eligible properties for participation in
3underwriting the loan program.

4(2) The cost efficiency of the applicant’s loan program.

5(3) The projected number of jobs created by the loan program.

6(4) The applicant’s loan program requirements for quality
7assurance and consumer protection, as related to achieving
8efficiency and clean energy production, in accordance with the
9standards developed pursuant to subdivision (b) of Section 26072.

10(5) The mechanisms by which savings produced by this program
11are passed on to the property owners.

12(6) Any other factors deemed appropriate by the authority.

13(c) The authority may approve a loan program that offers
14financing for electric vehicle charging infrastructure if the electric
15vehicle charging infrastructure is part of a project to install energy
16efficiency improvements and distributed generation renewable
17energy resources and is designed so that the project does not
18increase peak energy demand.

19

SEC. 3.  

Section 26080 of the Public Resources Code is
20amended to read:

21

26080.  

(a) Until January 1, 2017, an amount of up to fifty
22million dollars ($50,000,000) from the Renewable Resource Trust
23Fund, established pursuant to Section 25751, is hereby appropriated
24to the authority for the purposes of this chapter. The moneys
25appropriated shall remain in the Renewable Resource Trust Fund
26until the funds are needed by the authority pursuant to this chapter.

27(b) Of the moneys appropriated in subdivision (a), up to five
28hundred fifty thousand dollars ($550,000) may be expended by
29the authority for the initial administrative costs in implementing
30this chapter.

31(c) All repayments of moneys disbursed pursuant to this chapter
32shall be deposited into the Renewable Resource Trust Fund.

33

SEC. 4.  

Section 26081 of the Public Resources Code is
34amended to read:

35

26081.  

(a) On March 31, 2011, and annually thereafter, the
36authority shall submit to the Legislature a report pursuant to Section
379795 of the Government Code on all of the following:

38(1) The status of the account.

39(2) A summary of the PACE bonds that received assistance
40pursuant to Article 2 (commencing with Section 26060) and a
P22   1summary of the loans that received assistance pursuant to Article
23 (commencing with Section 26070).

3(3) A summary of the benefits provided by this division,
4including reduced interest rates on the PACE bonds or on loans
5receiving assistance pursuant to this division.

6(4) The number of jobs created by the PACE programs or loans
7that received assistance pursuant to this chapter.

8(5) Information on energy and water savings resulting from the
9PACE programs or loans that received assistance pursuant to this
10chapter.

11(6) Other information deemed appropriate by the authority.

12(b) This section shall remain in effect only until January 1, 2017,
13and as of that date is repealed, unless a later enacted statute, that
14is enacted before January 1, 2017, deletes or extends that date.

end delete


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