Amended in Senate September 3, 2013

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 Sections 8100, 8102, 8103, 8104, and 8105 of the Welfare and Institutions Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 1131, as amended, Skinner. Firearms.

(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.

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.

(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.

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.

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.begin insert The bill would provide additional procedures for the disposition of a firearm that is not returned to the person, as specified.end insert By creating new notification duties for peace officers and law enforcement agencies, this bill would impose a state-mandated local program.

(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.

This bill wouldbegin delete specify that, for these purposes, “immediately” means a period of time not exceedingend deletebegin insert revise those provisions to require a court to provide specified notices to the department as soon as possible, but not exceeding 2 court days, and would require submission of reports by specified facilities to the department withinend insert 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.

(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.

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.

(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.

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

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P3    1

SECTION 1.  

Section 8100 of the Welfare and Institutions Code
2 is amended to read:

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 to the prohibition in this subdivision after he
13or 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 of five years if, on or after January 1, 2014,
18he or she communicates to a licensed psychotherapist, as defined
19in subdivisions (a) to (e), inclusive, of Section 1010 of the Evidence
20Code, a serious threat of physical violence against a reasonably
21identifiable victim or victims. The five-year period shall commence
P4    1from the date that the licensed psychotherapist reports to the local
2law enforcement agency the identity of the person making the
3communication. The prohibition provided for in this subdivision
4shall not apply unless the licensed psychotherapist notifies a local
5law enforcement agency of the threat by that person. The person,
6however, may own, possess, have custody or control over, or
7receive or purchase any firearm if a superior court, pursuant to
8paragraph (3) and upon petition of the person, has found, by a
9preponderance of the evidence, that the person is likely to use
10firearms or other deadly weapons in a safe and lawful manner.

11(2) Upon receipt of the report from the local law enforcement
12agency pursuant to subdivision (c) of Section 8105, the Department
13of Justice shall notify by certified mail, return receipt requested,
14a person subject to this subdivision of the following:

15(A) That he or she is prohibited from possessing, having custody
16or control over, receiving, or purchasing any firearm or other
17deadly weapon for a period of five years commencing from the
18date that the licensed psychotherapist reports to the local law
19enforcement agency the identity of the person making the
20communication. The notice shall state the date when the prohibition
21commences and ends.

22(B) That he or she may petition a court, as provided in this
23subdivision, for an order permitting the person to own, possess,
24control, receive, or purchase a firearm.

25(3) (A) Any person who is subject to paragraph (1) may petition
26the superior court of his or her county of residence for an order
27that he or she may own, possess, have custody or control over,
28receive, or purchase firearms. At the time the petition is filed, the
29clerk of the court shall set a hearing date and notify the person,
30the Department of Justice, and the district attorney. The people of
31the State of California shall be the respondent in the proceeding
32and shall be represented by the district attorney. Upon motion of
33the district attorney, or upon its own motion, the superior court
34may transfer the petition to the county in which the person resided
35at the time of the statements, or the county in which the person
36made the statements. Within seven days after receiving notice of
37the petition, the Department of Justice shall file copies of the
38reports described in Section 8105 with the superior court. The
39reports shall be disclosed upon request to the person and to the
40district attorney. The district attorney shall be entitled to a
P5    1continuance of the hearing to a date of not less than 14 days after
2the district attorney is notified of the hearing date by the clerk of
3the court. The court, upon motion of the petitioner establishing
4that confidential information is likely to be discussed during the
5hearing that would cause harm to the person, shall conduct the
6hearing in camera with only the relevant parties present, unless
7the court finds that the public interest would be better served by
8conducting the hearing in public. Notwithstanding any other
9provision of law, declarations, police reports, including criminal
10history information, and any other material and relevant evidence
11that is not excluded under Section 352 of the Evidence Code, shall
12be admissible at the hearing under this paragraph.

13(B) The people shall bear the burden of showing by a
14preponderance of the evidence that the person would not be likely
15to use firearms in a safe and lawful manner.

16(C) If the court finds at the hearing that the people have not met
17their burden as set forth in subparagraph (B), the court shall order
18that the person shall not be subject to the five-year prohibition in
19this section on the ownership, control, receipt, possession, or
20purchase of firearms, and that person shall comply with the
21procedure described in Chapter 2 (commencing with Section
2233850) of Division 11 of Title 4 of Part 6 of the Penal Code for
23the return of any firearms. A copy of the order shall be submitted
24to the Department of Justice. Upon receipt of the order, the
25Department of Justice shall delete any reference to the prohibition
26against firearms from the person’s state mental health firearms
27prohibition system information.

28(D) If the district attorney declines or fails to go forward in the
29hearing, the court shall order that the person shall not be subject
30to the five-year prohibition required by this subdivision on the
31ownership, control, receipt, possession, or purchase of firearms,
32and that person shall comply with the procedure described in
33Chapter 2 (commencing with Section 33850) of Division 11 of
34Title 4 of Part 6 of the Penal Code for the return of any firearms.
35A copy of the order shall be submitted to the Department of Justice.
36Upon receipt of the order, the Department of Justice shall, within
3715 days, delete any reference to the prohibition against firearms
38from the person’s state mental health firearms prohibition system
39information.

P6    1(E) Nothing in this subdivision shall prohibit the use of reports
2filed pursuant to this section to determine the eligibility of a person
3to own, possess, control, receive, or purchase a firearm if the person
4is the subject of a criminal investigation, a part of which involves
5the ownership, possession, control, receipt, or purchase of a
6firearm.

7(c) “Discharge,” for the purposes of this section, does not include
8a leave of absence from a facility.

9(d) “Attending health care professional,” as used in this section,
10means the licensed health care professional primarily responsible
11for the person’s treatment who is qualified to make the decision
12that the person has a mental disorder and has probable cause to
13believe that the person is a danger to self or others.

14(e) “Deadly weapon,” as used in this section and in Sections
158101, 8102, and 8103, means any weapon, the possession or
16concealed carrying of which is prohibited by any provision listed
17in Section 16590 of the Penal Code.

18(f) “Danger to self,” as used in subdivision (a), means a
19voluntary person who has made a serious threat of, or attempted,
20suicide with the use of a firearm or other deadly weapon.

21(g) A violation of subdivision (a) of, or paragraph (1) of
22subdivision (b) of, this section shall be a public offense, punishable
23by imprisonment pursuant to subdivision (h) of Section 1170 of
24the Penal Code, or in a county jail for not more than one year, by
25a fine not exceeding one thousand dollars ($1,000), or by both that
26imprisonment and fine.

27(h) The prohibitions set forth in this section shall be in addition
28to those set forth in Section 8103.

29(i) Any person admitted and receiving treatment prior to January
301, 1992, shall be governed by this section, as amended by Chapter
311090 of the Statutes of 1990, until discharged from the facility.

32

SEC. 2.  

Section 8102 of the Welfare and Institutions Code is
33amended to read:

34

8102.  

(a) Whenever a person, who has been detained or
35apprehended for examination of his or her mental condition or
36who is a person described in Section 8100 or 8103, is found to
37own, have in his or her possession or under his or her control, any
38firearm whatsoever, or any other deadly weapon, the firearm or
39other deadly weapon shall be confiscated by any law enforcement
P7    1agency or peace officer, who shall retain custody of the firearm
2or other deadly weapon.

3“Deadly weapon,” as used in this section, has the meaning
4prescribed by Section 8100.

5(b) (1) Upon confiscation of any firearm or other deadly weapon
6from a person who has been detained or apprehended for
7 examination of his or her mental condition, the peace officer or
8law enforcement agencybegin insert shall issue a receipt describing the deadly
9weapon or any firearm and listing any serial number or other
10identification on the firearm andend insert
shall notify the person of the
11procedure for the returnbegin insert, sale, transfer, or destructionend insert of any
12firearm or other deadly weapon which has been confiscated.begin insert A
13peace officer or law enforcement agency that provides the receipt
14and notification described in Section 33800 of the Penal Code
15satisfies the receipt and notice requirements.end insert

16(2) If the person is released, the professional person in charge
17of the facility, or his or her designee, shall notify the person of the
18procedure for the return of any firearm or other deadly weapon
19which may have been confiscated.

20 (3) Health 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.

25(4) For purposes of this subdivision, the procedure for the returnbegin insert,
26sale, or transfer end insert
of confiscated firearms includes the procedures
27described in this section and the procedures described in Chapter
282 (commencing with Section 33850) of Division 11 of Title 4 of
29Part 6 of the Penal Code.

begin insert

30(5) In lieu of destroying a firearm that has been confiscated
31pursuant to this section that is a nuisance, unclaimed, abandoned,
32or otherwise subject to destruction, a law enforcement agency may
33retain or transfer the firearm as provided in Section 34005 of the
34Penal Code.

end insert

35(c) Upon the release of a person as described in subdivision (b),
36the confiscating law enforcement agency shall have 30 days to
37initiate a petition in the superior court for a hearing to determine
38whether the return of a firearm or other deadly weapon would be
39likely to result in endangering the person or others, and to send a
40notice advising the person of his or her right to a hearing on this
P8    1issue. The law enforcement agency may make an ex parte
2application stating good cause for an order extending the time to
3file a petition. Including any extension of time granted in response
4to an ex parte request, a petition shall be filed within 60 days of
5the release of the person from a health facility.

6(d) If the law enforcement agency does not initiate proceedings
7within the 30-day period, or the period of time authorized by the
8court in an ex parte order issued pursuant to subdivision (c), it
9shall make the weapon available for return upon compliance with
10all applicable requirements, including the requirements specified
11in Chapter 2 (commencing with Section 33850) of Division 11 of
12Title 4 of Part 6 of the Penal Code.

13(e) The law enforcement agency shall inform the person that he
14or she has 30 days to respond to the court clerk to confirm his or
15her desire for a hearing, and that the failure to respond will result
16in a default order forfeiting the confiscated firearm or weapon. For
17a confiscated firearm, the period of forfeiture is 180 days pursuant
18to Section 33875 of the Penal Code, unless the person contacts the
19law enforcement agency to facilitate the sale or transfer of the
20firearm to a licensed dealer pursuant to Section 33870 of the Penal
21Code. For the purpose of this subdivision, the person’s last known
22address shall be the address provided to the law enforcement officer
23by the person at the time of the person’s detention or apprehension.

24(f) If the person responds and requests a hearing, the court clerk
25shall set a hearing, no later than 30 days from receipt of the request.
26The court clerk shall notify the person and the district attorney of
27the date, time, and place of the hearing.

28(g) If the person does not respond within 30 days of the notice,
29the law enforcement agency may file a petition for order of default,
30allowing the law enforcement agency to destroy the firearm in 180
31days from the date the court enters default unless the person
32contacts the law enforcement agency to facilitate the sale or transfer
33of the firearm to a licensed dealer pursuant to Section 33870 of
34the Penal Code.

begin insert

35(h) If, after a hearing, the court determines that the return of
36the firearm or other deadly weapon would likely endanger the
37person or others, the law enforcement agency may destroy the
38firearm within 180 days from the date that the court makes that
39determination, unless the person contacts the law enforcement
P9    1agency to facilitate the sale or transfer of the firearm to a licensed
2dealer pursuant to Section 33870 of the Penal Code.

end insert
3

SEC. 3.  

Section 8103 of the Welfare and Institutions Code is
4amended to read:

5

8103.  

(a) (1) No person who after October 1, 1955, has been
6adjudicated by a court of any state to be a danger to others as a
7result of a mental disorder or mental illness, or who has been
8adjudicated to be a mentally disordered sex offender, shall purchase
9or receive, or attempt to purchase or receive, or have in his or her
10possession, custody, or control any firearm or any other deadly
11weapon unless there has been issued to the person a certificate by
12the court of adjudication upon release from treatment or at a later
13date stating that the person may possess a firearm or any other
14deadly weapon without endangering others, and the person has
15not, subsequent to the issuance of the certificate, again been
16adjudicated by a court to be a danger to others as a result of a
17mental disorder or mental illness.

18(2) The court shallbegin delete immediatelyend delete notify the Department of Justice
19of the court order finding the individual to be a person described
20in paragraph (1)begin insert as soon as possible, but not later than two court
21days after issuing the orderend insert
. The court shall alsobegin delete immediatelyend delete
22 notify the Department of Justice of any certificate issued as
23described in paragraph (1)begin insert as soon as possible, but not later than
24two court days after issuing the certificateend insert
.

25(b) (1) No person who has been found, pursuant to Section
261026 of the Penal Code or the law of any other state or the United
27States, not guilty by reason of insanity of murder, mayhem, a
28violation of Section 207, 209, or 209.5 of the Penal Code in which
29the victim suffers intentionally inflicted great bodily injury,
30carjacking or robbery in which the victim suffers great bodily
31injury, a violation of Section 451 or 452 of the Penal Code
32involving a trailer coach, as defined in Section 635 of the Vehicle
33Code, or any dwelling house, a violation of paragraph (1) or (2)
34of subdivision (a) of Section 262 or paragraph (2) or (3) of
35subdivision (a) of Section 261 of the Penal Code, a violation of
36Section 459 of the Penal Code in the first degree, assault with
37intent to commit murder, a violation of Section 220 of the Penal
38Code in which the victim suffers great bodily injury, a violation
39of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the
40Penal Code, or of a felony involving death, great bodily injury, or
P10   1an act which poses a serious threat of bodily harm to another
2person, or a violation of the law of any other state or the United
3States that includes all the elements of any of the above felonies
4as defined under California law, shall purchase or receive, or
5attempt to purchase or receive, or have in his or her possession or
6under his or her custody or control any firearm or any other deadly
7weapon.

8(2) The court shallbegin delete immediatelyend delete notify the Department of Justice
9of the court order finding the person to be a person described in
10paragraph (1)begin insert as soon as possible, but not later than two court
11days after issuing the orderend insert
.

12(c) (1) No person who has been found, pursuant to Section 1026
13of the Penal Code or the law of any other state or the United States,
14not guilty by reason of insanity of any crime other than those
15described in subdivision (b) shall purchase or receive, or attempt
16to purchase or receive, or shall have in his or her possession,
17custody, or control any firearm or any other deadly weapon unless
18the court of commitment has found the person to have recovered
19sanity, pursuant to Section 1026.2 of the Penal Code or the law of
20any other state or the United States.

21(2) The court shallbegin delete immediatelyend delete notify the Department of Justice
22of the court order finding the person to be a person described in
23 paragraph (1)begin insert as soon as possible, but not later than two court
24days after issuing the orderend insert
. The court shall also notify the
25Department of Justice when it finds that the person has recovered
26his or her sanitybegin insert as soon as possible, but notend insertbegin insert later than two court
27days after making the findingend insert
.

28(d) (1) No person found by a court to be mentally incompetent
29to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code
30or the law of any other state or the United States, shall purchase
31or receive, or attempt to purchase or receive, or shall have in his
32or her possession, custody, or control, any firearm or any other
33deadly weapon, unless there has been a finding with respect to the
34person of restoration to competence to stand trial by the committing
35court, pursuant to Section 1372 of the Penal Code or the law of
36any other state or the United States.

37(2) The court shallbegin delete immediatelyend delete notify the Department of Justice
38of the court order finding the person to be mentally incompetent
39as described in paragraph (1)begin insert as soon as possible, but notend insertbegin insert later
40than two court days after issuing the orderend insert
. The court shall also
P11   1notify the Department of Justice when it finds that the person has
2recovered his or her competencebegin insert as soon as possible, but notend insertbegin insert later
3than two court days after making the findingend insert
.

4(e) (1) No person who has been placed under conservatorship
5by a court, pursuant to Section 5350 or the law of any other state
6or the United States, because the person is gravely disabled as a
7result of a mental disorder or impairment by chronic alcoholism,
8shall purchase or receive, or attempt to purchase or receive, or
9shall have in his or her possession, custody, or control, any firearm
10or any other deadly weapon while under the conservatorship if, at
11the time the conservatorship was ordered or thereafter, the court
12which imposed the conservatorship found that possession of a
13firearm or any other deadly weapon by the person would present
14a danger to the safety of the person or to others. Upon placing any
15person under conservatorship, and prohibiting firearm or any other
16deadly weapon possession by the person, the court shall notify the
17person of this prohibition.

18(2) The court shallbegin delete immediatelyend delete notify the Department of Justice
19of the court order placing the person under conservatorship and
20prohibiting firearm or any other deadly weapon possession by the
21person as described in paragraph (1)begin insert as soon as possible, but notend insert
22begin insert later than two court days after placing the person under
23conservatorshipend insert
. The notice shall include the date the
24conservatorship was imposed and the date the conservatorship is
25to be terminated. If the conservatorship is subsequently terminated
26before the date listed in the notice to the Department of Justice or
27the court subsequently finds that possession of a firearm or any
28other deadly weapon by the person would no longer present a
29danger to the safety of the person or others, the court shall
30begin delete immediatelyend delete notify the Department of Justicebegin insert as soon as possible,
31but notend insert
begin insert later than two court days after terminating the
32conservatorshipend insert
.

33(3) All information provided to the Department of Justice
34pursuant to paragraph (2) shall be kept confidential, separate, and
35apart from all other records maintained by the Department of
36Justice, and shall be used only to determine eligibility to purchase
37or possess firearms or other deadly weapons. Any person who
38knowingly furnishes that information for any other purpose is
39guilty of a misdemeanor. All the information concerning any person
40shall be destroyed upon receipt by the Department of Justice of
P12   1notice of the termination of conservatorship as to that person
2pursuant to paragraph (2).

3(f) (1) No person who has been (A) taken into custody as
4provided in Section 5150 because that person is a danger to himself,
5herself, or to others, (B) assessed within the meaning of Section
65151, and (C) admitted to a designated facility within the meaning
7of Sections 5151 and 5152 because that person is a danger to
8himself, herself, or others, shall own, possess, control, receive, or
9purchase, or attempt to own, possess, control, receive, or purchase
10any firearm for a period of five years after the person is released
11from the facility. A person described in the preceding sentence,
12however, may own, possess, control, receive, or purchase, or
13attempt to own, possess, control, receive, or purchase any firearm
14if the superior court has, pursuant to paragraph (5), found that the
15people of the State of California have not met their burden pursuant
16to paragraph (6).

17(2) (A) For each person subject to this subdivision, the facility
18shallbegin delete immediately, on the dateend deletebegin insert, within 24 hours of the timeend insert of
19admission, submit a report to the Department of Justice, on a form
20prescribed by the Department of Justice, containing information
21that includes, but is not limited to, the identity of the person and
22the legal grounds upon which the person was admitted to the
23facility.

24Any report submitted pursuant to this paragraph shall be
25confidential, except for purposes of the court proceedings described
26in this subdivision and for determining the eligibility of the person
27to own, possess, control, receive, or purchase a firearm.

28(B) Commencing July 1, 2012, facilities shall submit reports
29pursuant to this paragraph exclusively by electronic means, in a
30manner prescribed by the Department of Justice.

31(3) Prior to, or concurrent with, the discharge, the facility shall
32inform a person subject to this subdivision that he or she is
33prohibited from owning, possessing, controlling, receiving, or
34purchasing any firearm for a period of five years. Simultaneously,
35the facility shall inform the person that he or she may request a
36hearing from a court, as provided in this subdivision, for an order
37permitting the person to own, possess, control, receive, or purchase
38a firearm. The facility shall provide the person with a form for a
39request for a hearing. The Department of Justice shall prescribe
40the form. Where the person requests a hearing at the time of
P13   1discharge, the facility shall forward the form to the superior court
2unless the person states that he or she will submit the form to the
3superior court.

4(4) The Department of Justice shall provide the form upon
5request to any person described in paragraph (1). The Department
6of Justice shall also provide the form to the superior court in each
7county. A person described in paragraph (1) may make a single
8request for a hearing at any time during the five-year period. The
9request for hearing shall be made on the form prescribed by the
10department or in a document that includes equivalent language.

11(5) Any person who is subject to paragraph (1) who has
12 requested a hearing from the superior court of his or her county
13of residence for an order that he or she may own, possess, control,
14receive, or purchase firearms shall be given a hearing. The clerk
15of the court shall set a hearing date and notify the person, the
16Department of Justice, and the district attorney. The people of the
17State of California shall be the plaintiff in the proceeding and shall
18be represented by the district attorney. Upon motion of the district
19attorney, or on its own motion, the superior court may transfer the
20hearing to the county in which the person resided at the time of
21his or her detention, the county in which the person was detained,
22or the county in which the person was evaluated or treated. Within
23seven days after the request for a hearing, the Department of Justice
24shall file copies of the reports described in this section with the
25superior court. The reports shall be disclosed upon request to the
26person and to the district attorney. The court shall set the hearing
27within 30 days of receipt of the request for a hearing. Upon
28showing good cause, the district attorney shall be entitled to a
29continuance not to exceed 14 days after the district attorney was
30notified of the hearing date by the clerk of the court. If additional
31continuances are granted, the total length of time for continuances
32shall not exceed 60 days. The district attorney may notify the
33county mental health director of the hearing who shall provide
34information about the detention of the person that may be relevant
35to the court and shall file that information with the superior court.
36That information shall be disclosed to the person and to the district
37attorney. The court, upon motion of the person subject to paragraph
38(1) establishing that confidential information is likely to be
39discussed during the hearing that would cause harm to the person,
40shall conduct the hearing in camera with only the relevant parties
P14   1present, unless the court finds that the public interest would be
2better served by conducting the hearing in public. Notwithstanding
3any other law, declarations, police reports, including criminal
4history information, and any other material and relevant evidence
5that is not excluded under Section 352 of the Evidence Code shall
6be admissible at the hearing under this section.

7(6) The people shall bear the burden of showing by a
8preponderance of the evidence that the person would not be likely
9to use firearms in a safe and lawful manner.

10(7) If the court finds at the hearing set forth in paragraph (5)
11that the people have not met their burden as set forth in paragraph
12(6), the court shall order that the person shall not be subject to the
13five-year prohibition in this section on the ownership, control,
14receipt, possession, or purchase of firearms, and that person shall
15comply with the procedure described in Chapter 2 (commencing
16with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal
17Code for the return of any firearms. A copy of the order shall be
18submitted to the Department of Justice. Upon receipt of the order,
19the Department of Justice shall delete any reference to the
20prohibition against firearms from the person’s state mental health
21firearms prohibition system information.

22(8) Where the district attorney declines or fails to go forward
23in the hearing, the court shall order that the person shall not be
24subject to the five-year prohibition required by this subdivision
25on the ownership, control, receipt, possession, or purchase of
26firearms. A copy of the order shall be submitted to the Department
27of Justice. Upon receipt of the order, the Department of Justice
28shall, within 15 days, delete any reference to the prohibition against
29firearms from the person’s state mental health firearms prohibition
30system information, and that person shall comply with the
31procedure described in Chapter 2 (commencing with Section
32 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for
33the return of any firearms.

34(9) Nothing in this subdivision shall prohibit the use of reports
35filed pursuant to this section to determine the eligibility of persons
36to own, possess, control, receive, or purchase a firearm if the person
37is the subject of a criminal investigation, a part of which involves
38the ownership, possession, control, receipt, or purchase of a
39firearm.

P15   1(g) (1) No person who has been certified for intensive treatment
2under Section 5250, 5260, or 5270.15 shall own, possess, control,
3receive, or purchase, or attempt to own, possess, control, receive,
4or purchase, any firearm for a period of five years.

5Any person who meets the criteria contained in subdivision (e)
6or (f) who is released from intensive treatment shall nevertheless,
7if applicable, remain subject to the prohibition contained in
8subdivision (e) or (f).

9(2) (A) For each person certified for intensive treatment under
10paragraph (1), the facility shallbegin delete immediatelyend deletebegin insert, within 24 hours of
11the certification,end insert
submit a report to the Department of Justice, on
12a form prescribed by the department, containing information
13regarding the person, including, but not limited to, the legal identity
14of the person and the legal grounds upon which the person was
15certified. Any report submitted pursuant to this paragraph shall
16only be used for the purposes specified in paragraph (2) of
17subdivision (f).

18(B) Commencing July 1, 2012, facilities shall submit reports
19 pursuant to this paragraph exclusively by electronic means, in a
20manner prescribed by the Department of Justice.

21(3) Prior to, or concurrent with, the discharge of each person
22certified for intensive treatment under paragraph (1), the facility
23shall inform the person of that information specified in paragraph
24(3) of subdivision (f).

25(4) Any person who is subject to paragraph (1) may petition the
26superior court of his or her county of residence for an order that
27he or she may own, possess, control, receive, or purchase firearms.
28At the time the petition is filed, the clerk of the court shall set a
29hearing date and notify the person, the Department of Justice, and
30the district attorney. The people of the State of California shall be
31the respondent in the proceeding and shall be represented by the
32district attorney. Upon motion of the district attorney, or on its
33own motion, the superior court may transfer the petition to the
34county in which the person resided at the time of his or her
35detention, the county in which the person was detained, or the
36county in which the person was evaluated or treated. Within seven
37days after receiving notice of the petition, the Department of Justice
38shall file copies of the reports described in this section with the
39superior court. The reports shall be disclosed upon request to the
40person and to the district attorney. The district attorney shall be
P16   1entitled to a continuance of the hearing to a date of not less than
214 days after the district attorney was notified of the hearing date
3by the clerk of the court. The district attorney may notify the county
4mental health director of the petition, and the county mental health
5director shall provide information about the detention of the person
6that may be relevant to the court and shall file that information
7with the superior court. That information shall be disclosed to the
8person and to the district attorney. The court, upon motion of the
9person subject to paragraph (1) establishing that confidential
10information is likely to be discussed during the hearing that would
11cause harm to the person, shall conduct the hearing in camera with
12only the relevant parties present, unless the court finds that the
13public interest would be better served by conducting the hearing
14in public. Notwithstanding any other provision of law, any
15declaration, police reports, including criminal history information,
16and any other material and relevant evidence that is not excluded
17under Section 352 of the Evidence Code, shall be admissible at
18the hearing under this section. If the court finds by a preponderance
19of the evidence that the person would be likely to use firearms in
20a safe and lawful manner, the court may order that the person may
21own, control, receive, possess, or purchase firearms, and that person
22shall comply with the procedure described in Chapter 2
23(commencing with Section 33850) of Division 11 of Title 4 of Part
246 of the Penal Code for the return of any firearms. A copy of the
25order shall be submitted to the Department of Justice. Upon receipt
26of the order, the Department of Justice shall delete any reference
27to the prohibition against firearms from the person’s state mental
28health firearms prohibition system information.

29(h) (1) For all persons identified in subdivisions (f) and (g),
30facilities shall report to the Department of Justice as specified in
31those subdivisions, except facilities shall not report persons under
32subdivision (g) if the same persons previously have been reported
33under subdivision (f).

34(2) Additionally, all facilities shall report to the Department of
35Justice upon the discharge of persons from whom reports have
36been submitted pursuant to subdivision (f) or (g). However, a report
37shall not be filed for persons who are discharged within 31 days
38 after the date of admission.

39(i) Every person who owns or possesses or has under his or her
40custody or control, or purchases or receives, or attempts to purchase
P17   1or receive, any firearm or any other deadly weapon in violation of
2this section shall be punished by imprisonment pursuant to
3subdivision (h) of Section 1170 of the Penal Code or in a county
4jail for not more than one year.

5(j) “Deadly weapon,” as used in this section, has the meaning
6prescribed by Section 8100.

begin delete

7(k) For purposes of this section, “immediately” means a period
8of time not exceeding 24 hours.

end delete
begin delete

9(l)

end delete

10begin insert(k)end insert Any notice or report required to be submitted to the
11Department of Justice pursuant to this section shall be submitted
12in an electronic format, in a manner prescribed by the Department
13of Justice.

14

SEC. 4.  

Section 8104 of the Welfare and Institutions Code is
15amended to read:

16

8104.  

The State Department of State Hospitals shall maintain
17in a convenient central location and shall make available to the
18Department of Justice those records that the State Department of
19State Hospitals has in its possession that are necessary to identify
20persons who come within Section 8100 or 8103. Upon request of
21the Department of Justice, the State Department of State Hospitals
22shall make these records available to the Department of Justice in
23electronic format within 24 hours of receiving the request. The
24Department of Justice shall make these requests only with respect
25to its duties with regard to applications for permits for, or to carry,
26or the possession, purchase, or transfer of, explosives as defined
27in Section 12000 of the Health and Safety Code, devices defined
28in Section 16250, 16530, or 16640 of the Penal Code, in
29subdivisions (a) to (d), inclusive, of Section 16520 of the Penal
30Code, or in subdivision (a) of Section 16840 of the Penal Code,
31machineguns as defined in Section 16880 of the Penal Code,
32short-barreled shotguns or short-barreled rifles as defined in
33Sections 17170 and 17180 of the Penal Code, assault weapons as
34defined in Section 30510 of the Penal Code, and destructive devices
35as defined in Section 16460 of the Penal Code, or to determine the
36eligibility of a person to acquire, carry, or possess a firearm,
37explosive, or destructive device by a person who is subject to a
38criminal investigation, a part of which involves the acquisition,
39carrying, or possession of a firearm by that person. These records
40shall not be furnished or made available to any person unless the
P18   1department determines that disclosure of any information in the
2records is necessary to carry out its duties with respect to
3applications for permits for, or to carry, or the possession, purchase,
4or transfer of, explosives, destructive devices, devices as defined
5in Section 16250, 16530, or 16640 of the Penal Code, in
6subdivisions (a) to (d), inclusive, of Section 16520 of the Penal
7Code, or in subdivision (a) of Section 16840 of the Penal Code,
8short-barreled shotguns, short-barreled rifles, assault weapons,
9and machineguns, or to determine the eligibility of a person to
10acquire, carry, or possess a firearm, explosive, or destructive device
11by a person who is subject to a criminal investigation, a part of
12which involves the acquisition, carrying, or possession of a firearm
13by that person.

14

SEC. 5.  

Section 8105 of the Welfare and Institutions Code is
15amended to read:

16

8105.  

(a) The Department of Justice shall request each public
17and private mental hospital, sanitarium, and institution to submit
18to the department that information that the department deems
19necessary to identify those persons who are within subdivision (a)
20of Section 8100, in order to carry out its duties in relation to
21firearms, destructive devices, and explosives.

22(b) Upon request of the Department of Justice pursuant to
23subdivision (a), each public and private mental hospital, sanitarium,
24and institution shall submit to the department that information
25which the department deems necessary to identify those persons
26who are within subdivision (a) of Section 8100, in order to carry
27out its duties in relation to firearms, destructive devices, and
28explosives.

29(c) A licensed psychotherapist shall report to a local law
30enforcement agency, within 24 hours, in a manner prescribed by
31the Department of Justice, the identity of a person subject to
32subdivision (b) of Section 8100. Upon receipt of the report, the
33local law enforcement agency, on a form prescribed by the
34Department of Justice, shall notify the department electronically,
35within 24 hours, in a manner prescribed by the department, of the
36person who is subject to subdivision (b) of Section 8100.

37(d) All information provided to the Department of Justice
38pursuant to this section shall be kept confidential, separate, and
39apart from all other records maintained by the department. The
P19   1information provided to the Department of Justice pursuant to this
2section shall be used only for any of the following purposes:

3(1) By the department to determine eligibility of a person to
4acquire, carry, or possess firearms, destructive devices, or
5explosives.

6(2) For the purposes of the court proceedings described in
7subdivision (b) of Section 8100, to determine the eligibility of the
8person who is bringing the petition pursuant to paragraph (3) of
9subdivision (b) of Section 8100.

10(3) To determine the eligibility of a person to acquire, carry, or
11possess firearms, destructive devices, or explosives who is the
12subject of a criminal investigation, if a part of the criminal
13investigation involves the acquisition, carrying, or possession of
14firearms, explosives, or destructive devices by that person.

15(e) Reports shall not be required or requested under this section
16where the same person has been previously reported pursuant to
17 Section 8103 or 8104.

18

SEC. 6.  

No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution for certain
20costs that may be incurred by a local agency or school district
21because, in that regard, this act creates a new crime or infraction,
22eliminates a crime or infraction, or changes the penalty for a crime
23or infraction, within the meaning of Section 17556 of the
24Government Code, or changes the definition of a crime within the
25meaning of Section 6 of Article XIII B of the California
26Constitution.

27However, if the Commission on State Mandates determines that
28this act contains other costs mandated by the state, reimbursement
29to local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.



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