Amended in Senate September 4, 2013

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. The bill would provide additional procedures for the disposition of a firearm that is not returned to the person, as specified. 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 would 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 within 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.

begin insert

(5)   This bill would incorporate changes to Section 8103 of the Welfare and Institutions Code proposed by SB 755, that would become operative on the date this bill becomes operative only if SB 755 and this bill are both chaptered and become effective on or before January 1, 2014, and this bill is chaptered last.

end insert
begin delete

(5)

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begin insert(6)end insert The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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

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

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

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

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.

P4    1(b) (1) A person shall not have in his or her possession or under
2his or her custody or control, or purchase or receive, or attempt to
3purchase or receive, any firearms whatsoever or any other deadly
4weapon for a period of five years if, on or after January 1, 2014,
5he or she communicates to a licensed psychotherapist, as defined
6in subdivisions (a) to (e), inclusive, of Section 1010 of the Evidence
7Code, a serious threat of physical violence against a reasonably
8identifiable victim or victims. The five-year period shall commence
9from the date that the licensed psychotherapist reports to the local
10law enforcement agency the identity of the person making the
11communication. The prohibition provided for in this subdivision
12shall not apply unless the licensed psychotherapist notifies a local
13law enforcement agency of the threat by that person. The person,
14however, may own, possess, have custody or control over, or
15receive or purchase any firearm if a superior court, pursuant to
16paragraph (3) and upon petition of the person, has found, by a
17preponderance of the evidence, that the person is likely to use
18firearms or other deadly weapons in a safe and lawful manner.

19(2) Upon receipt of the report from the local law enforcement
20agency pursuant to subdivision (c) of Section 8105, the Department
21of Justice shall notify by certified mail, return receipt requested,
22a person subject to this subdivision of the following:

23(A) That he or she is prohibited from possessing, having custody
24or control over, receiving, or purchasing any firearm or other
25deadly weapon for a period of five years commencing from the
26date that the licensed psychotherapist reports to the local law
27enforcement agency the identity of the person making the
28communication. The notice shall state the date when the prohibition
29commences and ends.

30(B) That he or she may petition a court, as provided in this
31subdivision, for an order permitting the person to own, possess,
32control, receive, or purchase a firearm.

33(3) (A) Any person who is subject to paragraph (1) may petition
34the superior court of his or her county of residence for an order
35that he or she may own, possess, have custody or control over,
36receive, or purchase firearms. At the time the petition is filed, the
37clerk of the court shall set a hearing date and notify the person,
38the Department of Justice, and the district attorney. The people of
39the State of California shall be the respondent in the proceeding
40and shall be represented by the district attorney. Upon motion of
P5    1the district attorney, or upon its own motion, the superior court
2may transfer the petition to the county in which the person resided
3at the time of the statements, or the county in which the person
4made the statements. Within seven days after receiving notice of
5the petition, the Department of Justice shall file copies of the
6reports described in Section 8105 with the superior court. The
7reports shall be disclosed upon request to the person and to the
8district attorney. The district attorney shall be entitled to a
9continuance of the hearing to a date of not less than 14 days after
10the district attorney is notified of the hearing date by the clerk of
11the court. The court, upon motion of the petitioner establishing
12that confidential information is likely to be discussed during the
13hearing that would cause harm to the person, shall conduct the
14hearing in camera with only the relevant parties present, unless
15the court finds that the public interest would be better served by
16conducting the hearing in public. Notwithstanding any other
17provision of law, declarations, police reports, including criminal
18history information, and any other material and relevant evidence
19that is not excluded under Section 352 of the Evidence Code, shall
20be admissible at the hearing under this paragraph.

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

24(C) If the court finds at the hearing that the people have not met
25their burden as set forth in subparagraph (B), the court shall order
26that the person shall not be subject to the five-year prohibition in
27this section on the ownership, control, receipt, possession, or
28purchase of firearms, and that person shall comply with the
29procedure described in Chapter 2 (commencing with Section
3033850) of Division 11 of Title 4 of Part 6 of the Penal Code for
31the return of any firearms. A copy of the order shall be submitted
32to the Department of Justice. Upon receipt of the order, the
33Department of Justice shall delete any reference to the prohibition
34against firearms from the person’s state mental health firearms
35prohibition system information.

36(D) If the district attorney declines or fails to go forward in the
37hearing, the court shall order that the person shall not be subject
38to the five-year prohibition required by this subdivision on the
39ownership, control, receipt, possession, or purchase of firearms,
40and that person shall comply with the procedure described in
P6    1Chapter 2 (commencing with Section 33850) of Division 11 of
2Title 4 of Part 6 of the Penal Code for the return of any firearms.
3A copy of the order shall be submitted to the Department of Justice.
4Upon receipt of the order, the Department of Justice shall, within
515 days, delete any reference to the prohibition against firearms
6from the person’s state mental health firearms prohibition system
7information.

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

14(c) “Discharge,” for the purposes of this section, does not include
15a leave of absence from a facility.

16(d) “Attending health care professional,” as used in this section,
17means the licensed health care professional primarily responsible
18for the person’s treatment who is qualified to make the decision
19that the person has a mental disorder and has probable cause to
20believe that the person is a danger to self or others.

21(e) “Deadly weapon,” as used in this section and in Sections
228101, 8102, and 8103, means any weapon, the possession or
23concealed carrying of which is prohibited by any provision listed
24in Section 16590 of the Penal Code.

25(f) “Danger to self,” as used in subdivision (a), means a
26voluntary person who has made a serious threat of, or attempted,
27suicide with the use of a firearm or other deadly weapon.

28(g) A violation of subdivision (a) of, or paragraph (1) of
29subdivision (b) of, this section shall be a public offense, punishable
30by imprisonment pursuant to subdivision (h) of Section 1170 of
31the Penal Code, or in a county jail for not more than one year, by
32a fine not exceeding one thousand dollars ($1,000), or by both that
33imprisonment and fine.

34(h) The prohibitions set forth in this section shall be in addition
35to those set forth in Section 8103.

36(i) Any person admitted and receiving treatment prior to January
371, 1992, shall be governed by this section, as amended by Chapter
381090 of the Statutes of 1990, until discharged from the facility.

39

SEC. 2.  

Section 8102 of the Welfare and Institutions Code is
40amended to read:

P7    1

8102.  

(a) Whenever a person, who has been detained or
2apprehended for examination of his or her mental condition or
3who is a person described in Section 8100 or 8103, is found to
4own, have in his or her possession or under his or her control, any
5firearm whatsoever, or any other deadly weapon, the firearm or
6other deadly weapon shall be confiscated by any law enforcement
7agency or peace officer, who shall retain custody of the firearm
8or other deadly weapon.

9“Deadly weapon,” as used in this section, has the meaning
10prescribed by Section 8100.

11(b) (1) Upon confiscation of any firearm or other deadly weapon
12from a person who has been detained or apprehended for
13 examination of his or her mental condition, the peace officer or
14law enforcement agency shall issue a receipt describing the deadly
15weapon or any firearm and listing any serial number or other
16identification on the firearm and shall notify the person of the
17procedure for the return, sale, transfer, or destruction of any firearm
18or other deadly weapon which has been confiscated. A peace officer
19or law enforcement agency that provides the receipt and notification
20described in Section 33800 of the Penal Code satisfies the receipt
21and notice requirements.

22(2) If the person is released, the professional person in charge
23of the facility, or his or her designee, shall notify the person of the
24procedure for the return of any firearm or other deadly weapon
25which may have been confiscated.

26 (3) Health facility personnel shall notify the confiscating law
27enforcement agency upon release of the detained person, and shall
28make a notation to the effect that the facility provided the required
29notice to the person regarding the procedure to obtain return of
30any confiscated firearm.

31(4) For purposes of this subdivision, the procedure for the return,
32sale, or transfer of confiscated firearms includes the procedures
33described in this section and the procedures described in Chapter
342 (commencing with Section 33850) of Division 11 of Title 4 of
35Part 6 of the Penal Code.

36(5) In lieu of destroying a firearm that has been confiscated
37pursuant to this section that is a nuisance, unclaimed, abandoned,
38or otherwise subject to destruction, a law enforcement agency may
39retain or transfer the firearm as provided in Section 34005 of the
40Penal Code.

P8    1(c) Upon the release of a person as described in subdivision (b),
2the confiscating law enforcement agency shall have 30 days to
3initiate a petition in the superior court for a hearing to determine
4whether the return of a firearm or other deadly weapon would be
5likely to result in endangering the person or others, and to send a
6notice advising the person of his or her right to a hearing on this
7issue. The law enforcement agency may make an ex parte
8application stating good cause for an order extending the time to
9file a petition. Including any extension of time granted in response
10to an ex parte request, a petition shall be filed within 60 days of
11the release of the person from a health facility.

12(d) If the law enforcement agency does not initiate proceedings
13within the 30-day period, or the period of time authorized by the
14court in an ex parte order issued pursuant to subdivision (c), it
15shall make the weapon available for return upon compliance with
16all applicable requirements, including the requirements specified
17in Chapter 2 (commencing with Section 33850) of Division 11 of
18Title 4 of Part 6 of the Penal Code.

19(e) The law enforcement agency shall inform the person that he
20or she has 30 days to respond to the court clerk to confirm his or
21her desire for a hearing, and that the failure to respond will result
22in a default order forfeiting the confiscated firearm or weapon. For
23a confiscated firearm, the period of forfeiture is 180 days pursuant
24to Section 33875 of the Penal Code, unless the person contacts the
25law enforcement agency to facilitate the sale or transfer of the
26firearm to a licensed dealer pursuant to Section 33870 of the Penal
27Code. For the purpose of this subdivision, the person’s last known
28address shall be the address provided to the law enforcement officer
29by the person at the time of the person’s detention or apprehension.

30(f) If the person responds and requests a hearing, the court clerk
31shall set a hearing, no later than 30 days from receipt of the request.
32The court clerk shall notify the person and the district attorney of
33the date, time, and place of the hearing.

34(g) If the person does not respond within 30 days of the notice,
35the law enforcement agency may file a petition for order of default,
36allowing the law enforcement agency to destroy the firearm in 180
37days from the date the court enters default unless the person
38contacts the law enforcement agency to facilitate the sale or transfer
39of the firearm to a licensed dealer pursuant to Section 33870 of
40the Penal Code.

P9    1(h) If, after a hearing, the court determines that the return of the
2firearm or other deadly weapon would likely endanger the person
3or others, the law enforcement agency may destroy the firearm
4within 180 days from the date that the court makes that
5determination, unless the person contacts the law enforcement
6agency to facilitate the sale or transfer of the firearm to a licensed
7dealer pursuant to Section 33870 of the Penal Code.

8

SEC. 3.  

Section 8103 of the Welfare and Institutions Code is
9amended to read:

10

8103.  

(a) (1) No person who after October 1, 1955, has been
11adjudicated by a court of any state to be a danger to others as a
12result of a mental disorder or mental illness, or who has been
13adjudicated to be a mentally disordered sex offender, shall purchase
14or receive, or attempt to purchase or receive, or have in his or her
15possession, custody, or control any firearm or any other deadly
16weapon unless there has been issued to the person a certificate by
17the court of adjudication upon release from treatment or at a later
18date stating that the person may possess a firearm or any other
19deadly weapon without endangering others, and the person has
20not, subsequent to the issuance of the certificate, again been
21adjudicated by a court to be a danger to others as a result of a
22mental disorder or mental illness.

23(2) The court shall notify the Department of Justice of the court
24order finding the individual to be a person described in paragraph
25(1) as soon as possible, but not later than two court days after
26issuing the order. The court shall also notify the Department of
27Justice of any certificate issued as described in paragraph (1) as
28soon as possible, but not later than two court days after issuing the
29certificate.

30(b) (1) No person who has been found, pursuant to Section
311026 of the Penal Code or the law of any other state or the United
32States, not guilty by reason of insanity of murder, mayhem, a
33violation of Section 207, 209, or 209.5 of the Penal Code in which
34the victim suffers intentionally inflicted great bodily injury,
35carjacking or robbery in which the victim suffers great bodily
36injury, a violation of Section 451 or 452 of the Penal Code
37involving a trailer coach, as defined in Section 635 of the Vehicle
38Code, or any dwelling house, a violation of paragraph (1) or (2)
39of subdivision (a) of Section 262 or paragraph (2) or (3) of
40subdivision (a) of Section 261 of the Penal Code, a violation of
P10   1Section 459 of the Penal Code in the first degree, assault with
2intent to commit murder, a violation of Section 220 of the Penal
3Code in which the victim suffers great bodily injury, a violation
4of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the
5Penal Code, or of a felony involving death, great bodily injury, or
6an act which poses a serious threat of bodily harm to another
7person, or a violation of the law of any other state or the United
8States that includes all the elements of any of the above felonies
9as defined under California law, shall purchase or receive, or
10attempt to purchase or receive, or have in his or her possession or
11under his or her custody or control any firearm or any other deadly
12weapon.

13(2) The court shall notify the Department of Justice of the court
14order finding the person to be a person described in paragraph (1)
15as soon as possible, but not later than two court days after issuing
16the order.

17(c) (1) No person who has been found, pursuant to Section 1026
18of the Penal Code or the law of any other state or the United States,
19not guilty by reason of insanity of any crime other than those
20described in subdivision (b) shall purchase or receive, or attempt
21to purchase or receive, or shall have in his or her possession,
22custody, or control any firearm or any other deadly weapon unless
23the court of commitment has found the person to have recovered
24sanity, pursuant to Section 1026.2 of the Penal Code or the law of
25any other state or the United States.

26(2) The court shall notify the Department of Justice of the court
27order finding the person to be a person described in paragraph (1)
28as soon as possible, but not later than two court days after issuing
29the order. The court shall also notify the Department of Justice
30when it finds that the person has recovered his or her sanity as
31soon as possible, but not later than two court days after making
32the finding.

33(d) (1) No person found by a court to be mentally incompetent
34to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code
35or the law of any other state or the United States, shall purchase
36or receive, or attempt to purchase or receive, or shall have in his
37or her possession, custody, or control, any firearm or any other
38deadly weapon, unless there has been a finding with respect to the
39person of restoration to competence to stand trial by the committing
P11   1court, pursuant to Section 1372 of the Penal Code or the law of
2any other state or the United States.

3(2) The court shall notify the Department of Justice of the court
4order finding the person to be mentally incompetent as described
5in paragraph (1) as soon as possible, but not later than two court
6days after issuing the order. The court shall also notify the
7Department of Justice when it finds that the person has recovered
8his or her competence as soon as possible, but not later than two
9court days after making the finding.

10(e) (1) No person who has been placed under conservatorship
11by a court, pursuant to Section 5350 or the law of any other state
12or the United States, because the person is gravely disabled as a
13result of a mental disorder or impairment by chronic alcoholism,
14shall purchase or receive, or attempt to purchase or receive, or
15shall have in his or her possession, custody, or control, any firearm
16or any other deadly weapon while under the conservatorship if, at
17the time the conservatorship was ordered or thereafter, the court
18which imposed the conservatorship found that possession of a
19firearm or any other deadly weapon by the person would present
20a danger to the safety of the person or to others. Upon placing any
21person under conservatorship, and prohibiting firearm or any other
22deadly weapon possession by the person, the court shall notify the
23person of this prohibition.

24(2) The court shall notify the Department of Justice of the court
25order placing the person under conservatorship and prohibiting
26firearm or any other deadly weapon possession by the person as
27described in paragraph (1) as soon as possible, but not later than
28two court days after placing the person under conservatorship. The
29notice shall include the date the conservatorship was imposed and
30the date the conservatorship is to be terminated. If the
31conservatorship is subsequently terminated before the date listed
32in the notice to the Department of Justice or the court subsequently
33finds that possession of a firearm or any other deadly weapon by
34the person would no longer present a danger to the safety of the
35person or others, the court shall notify the Department of Justice
36as soon as possible, but not later than two court days after
37terminating the conservatorship.

38(3) All information provided to the Department of Justice
39pursuant to paragraph (2) shall be kept confidential, separate, and
40apart from all other records maintained by the Department of
P12   1Justice, and shall be used only to determine eligibility to purchase
2or possess firearms or other deadly weapons. Any person who
3knowingly furnishes that information for any other purpose is
4guilty of a misdemeanor. All the information concerning any person
5shall be destroyed upon receipt by the Department of Justice of
6notice of the termination of conservatorship as to that person
7pursuant to paragraph (2).

8(f) (1) No person who has been (A) taken into custody as
9provided in Section 5150 because that person is a danger to himself,
10herself, or to others, (B) assessed within the meaning of Section
115151, and (C) admitted to a designated facility within the meaning
12of Sections 5151 and 5152 because that person is a danger to
13himself, herself, or others, shall own, possess, control, receive, or
14purchase, or attempt to own, possess, control, receive, or purchase
15any firearm for a period of five years after the person is released
16from the facility. A person described in the preceding sentence,
17however, may own, possess, control, receive, or purchase, or
18attempt to own, possess, control, receive, or purchase any firearm
19if the superior court has, pursuant to paragraph (5), found that the
20people of the State of California have not met their burden pursuant
21to paragraph (6).

22(2) (A) For each person subject to this subdivision, the facility
23shall, within 24 hours of the time of admission, submit a report to
24the Department of Justice, on a form prescribed by the Department
25of Justice, containing information that includes, but is not limited
26to, the identity of the person and the legal grounds upon which the
27person was admitted to the facility.

28Any report submitted pursuant to this paragraph shall be
29confidential, except for purposes of the court proceedings described
30in this subdivision and for determining the eligibility of the person
31to own, possess, control, receive, or purchase a firearm.

32(B) Commencing July 1, 2012, facilities shall submit reports
33pursuant to this paragraph exclusively by electronic means, in a
34manner prescribed by the Department of Justice.

35(3) Prior to, or concurrent with, the discharge, the facility shall
36inform a person subject to this subdivision that he or she is
37prohibited from owning, possessing, controlling, receiving, or
38purchasing any firearm for a period of five years. Simultaneously,
39the facility shall inform the person that he or she may request a
40hearing from a court, as provided in this subdivision, for an order
P13   1permitting the person to own, possess, control, receive, or purchase
2a firearm. The facility shall provide the person with a form for a
3request for a hearing. The Department of Justice shall prescribe
4the form. Where the person requests a hearing at the time of
5discharge, the facility shall forward the form to the superior court
6unless the person states that he or she will submit the form to the
7superior court.

8(4) The Department of Justice shall provide the form upon
9request to any person described in paragraph (1). The Department
10of Justice shall also provide the form to the superior court in each
11county. A person described in paragraph (1) may make a single
12request for a hearing at any time during the five-year period. The
13request for hearing shall be made on the form prescribed by the
14department or in a document that includes equivalent language.

15(5) Any person who is subject to paragraph (1) who has
16 requested a hearing from the superior court of his or her county
17of residence for an order that he or she may own, possess, control,
18receive, or purchase firearms shall be given a hearing. The clerk
19of the court shall set a hearing date and notify the person, the
20Department of Justice, and the district attorney. The people of the
21State of California shall be the plaintiff in the proceeding and shall
22be represented by the district attorney. Upon motion of the district
23attorney, or on its own motion, the superior court may transfer the
24hearing to the county in which the person resided at the time of
25his or her detention, the county in which the person was detained,
26or the county in which the person was evaluated or treated. Within
27seven days after the request for a hearing, the Department of Justice
28shall file copies of the reports described in this section with the
29superior court. The reports shall be disclosed upon request to the
30person and to the district attorney. The court shall set the hearing
31within 30 days of receipt of the request for a hearing. Upon
32showing good cause, the district attorney shall be entitled to a
33continuance not to exceed 14 days after the district attorney was
34notified of the hearing date by the clerk of the court. If additional
35continuances are granted, the total length of time for continuances
36shall not exceed 60 days. The district attorney may notify the
37county mental health director of the hearing who shall provide
38information about the detention of the person that may be relevant
39to the court and shall file that information with the superior court.
40That information shall be disclosed to the person and to the district
P14   1attorney. The court, upon motion of the person subject to paragraph
2(1) establishing that confidential information is likely to be
3discussed during the hearing that would cause harm to the person,
4shall conduct the hearing in camera with only the relevant parties
5present, unless the court finds that the public interest would be
6better served by conducting the hearing in public. Notwithstanding
7any other 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 section.

11(6) The people shall bear the burden of showing by a
12preponderance of the evidence that the person would not be likely
13to use firearms in a safe and lawful manner.

14(7) If the court finds at the hearing set forth in paragraph (5)
15that the people have not met their burden as set forth in paragraph
16(6), the court shall order that the person shall not be subject to the
17five-year prohibition in this section on the ownership, control,
18receipt, possession, or purchase of firearms, and that person shall
19comply with the procedure described in Chapter 2 (commencing
20with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal
21Code for the return of any firearms. A copy of the order shall be
22submitted to the Department of Justice. Upon receipt of the order,
23the Department of Justice shall delete any reference to the
24prohibition against firearms from the person’s state mental health
25firearms prohibition system information.

26(8) Where the district attorney declines or fails to go forward
27in the hearing, the court shall order that the person shall not be
28subject to the five-year prohibition required by this subdivision
29on the ownership, control, receipt, possession, or purchase of
30firearms. A copy of the order shall be submitted to the Department
31of Justice. Upon receipt of the order, the Department of Justice
32shall, within 15 days, delete any reference to the prohibition against
33firearms from the person’s state mental health firearms prohibition
34system information, and that person shall comply with the
35procedure described in Chapter 2 (commencing with Section
36 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for
37the return of any firearms.

38(9) Nothing in this subdivision shall prohibit the use of reports
39filed pursuant to this section to determine the eligibility of persons
40to own, possess, control, receive, or purchase a firearm if the person
P15   1is the subject of a criminal investigation, a part of which involves
2the ownership, possession, control, receipt, or purchase of a
3firearm.

4(g) (1) No person who has been certified for intensive treatment
5under Section 5250, 5260, or 5270.15 shall own, possess, control,
6receive, or purchase, or attempt to own, possess, control, receive,
7or purchase, any firearm for a period of five years.

8Any person who meets the criteria contained in subdivision (e)
9or (f) who is released from intensive treatment shall nevertheless,
10if applicable, remain subject to the prohibition contained in
11subdivision (e) or (f).

12(2) (A) For each person certified for intensive treatment under
13paragraph (1), the facility shall, within 24 hours of the certification,
14submit a report to the Department of Justice, on a form prescribed
15by the department, containing information regarding the person,
16including, but not limited to, the legal identity of the person and
17the legal grounds upon which the person was certified. Any report
18submitted pursuant to this paragraph shall only be used for the
19purposes specified in paragraph (2) of subdivision (f).

20(B) Commencing July 1, 2012, facilities shall submit reports
21 pursuant to this paragraph exclusively by electronic means, in a
22manner prescribed by the Department of Justice.

23(3) Prior to, or concurrent with, the discharge of each person
24certified for intensive treatment under paragraph (1), the facility
25shall inform the person of that information specified in paragraph
26(3) of subdivision (f).

27(4) Any person who is subject to paragraph (1) may petition the
28superior court of his or her county of residence for an order that
29he or she may own, possess, control, receive, or purchase firearms.
30At the time the petition is filed, the clerk of the court shall set a
31hearing date and notify the person, the Department of Justice, and
32the district attorney. The people of the State of California shall be
33the respondent in the proceeding and shall be represented by the
34district attorney. Upon motion of the district attorney, or on its
35own motion, the superior court may transfer the petition to the
36county in which the person resided at the time of his or her
37detention, the county in which the person was detained, or the
38county in which the person was evaluated or treated. Within seven
39days after receiving notice of the petition, the Department of Justice
40shall file copies of the reports described in this section with the
P16   1superior court. The reports shall be disclosed upon request to the
2person and to the district attorney. The district attorney shall be
3entitled to a continuance of the hearing to a date of not less than
414 days after the district attorney was notified of the hearing date
5by the clerk of the court. The district attorney may notify the county
6mental health director of the petition, and the county mental health
7director shall provide information about the detention of the person
8that may be relevant to the court and shall file that information
9with the superior court. That information shall be disclosed to the
10person and to the district attorney. The court, upon motion of the
11person subject to paragraph (1) establishing that confidential
12information is likely to be discussed during the hearing that would
13cause harm to the person, shall conduct the hearing in camera with
14only the relevant parties present, unless the court finds that the
15public interest would be better served by conducting the hearing
16in public. Notwithstanding any other provision of law, any
17declaration, police reports, including criminal history information,
18and any other material and relevant evidence that is not excluded
19under Section 352 of the Evidence Code, shall be admissible at
20the hearing under this section. If the court finds by a preponderance
21of the evidence that the person would be likely to use firearms in
22a safe and lawful manner, the court may order that the person may
23own, control, receive, possess, or purchase firearms, and that person
24shall comply with the procedure described in Chapter 2
25(commencing with Section 33850) of Division 11 of Title 4 of Part
266 of the Penal Code for the return of any firearms. A copy of the
27order shall be submitted to the Department of Justice. Upon receipt
28of the order, the Department of Justice shall delete any reference
29to the prohibition against firearms from the person’s state mental
30health firearms prohibition system information.

31(h) (1) For all persons identified in subdivisions (f) and (g),
32facilities shall report to the Department of Justice as specified in
33those subdivisions, except facilities shall not report persons under
34subdivision (g) if the same persons previously have been reported
35under subdivision (f).

36(2) Additionally, all facilities shall report to the Department of
37Justice upon the discharge of persons from whom reports have
38been submitted pursuant to subdivision (f) or (g). However, a report
39shall not be filed for persons who are discharged within 31 days
40 after the date of admission.

P17   1(i) Every person who owns or possesses or has under his or her
2custody or control, or purchases or receives, or attempts to purchase
3or receive, any firearm or any other deadly weapon in violation of
4this section shall be punished by imprisonment pursuant to
5subdivision (h) of Section 1170 of the Penal Code or in a county
6jail for not more than one year.

7(j) “Deadly weapon,” as used in this section, has the meaning
8prescribed by Section 8100.

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

13begin insert

begin insertSEC. 3.5.end insert  

end insert

begin insertSection 8103 of the end insertbegin insertWelfare and Institutions Codeend insert
14begin insert is amended to read:end insert

15

8103.  

(a) (1) No person who after October 1, 1955, has been
16adjudicated by a court of any state to be a danger to others as a
17result of a mental disorder or mental illness, or who has been
18adjudicated to be a mentally disordered sex offender, shall purchase
19or receive, or attempt to purchase or receive, or have in his or her
20possession, custody, or control any firearm or any other deadly
21weapon unless there has been issued to the person a certificate by
22the court of adjudication upon release from treatment or at a later
23date stating that the person may possess a firearm or any other
24deadly weapon without endangering others, and the person has
25not, subsequent to the issuance of the certificate, again been
26adjudicated by a court to be a danger to others as a result of a
27mental disorder or mental illness.

28(2) The court shallbegin delete immediatelyend delete notify the Department of Justice
29of the court order finding the individual to be a person described
30in paragraph (1)begin insert as soon as possible, but not later than two court
31days after issuing the orderend insert
. The court shall also notify the
32Department of Justice of any certificate issued as described in
33paragraph (1)begin insert as soon as possible, but not later than two court
34days after issuing the certificateend insert
.

35(b) (1) No person who has been found, pursuant to Section
361026 of the Penal Code or the law of any other state or the United
37States, not guilty by reason of insanity of murder, mayhem, a
38violation of Section 207, 209, or 209.5 of the Penal Code in which
39the victim suffers intentionally inflicted great bodily injury,
40carjacking or robbery in which the victim suffers great bodily
P18   1injury, a violation of Section 451 or 452 of the Penal Code
2involving a trailer coach, as defined in Section 635 of the Vehicle
3Code, or any dwelling house, a violation of paragraph (1) or (2)
4of subdivision (a) of Section 262 or paragraph (2) or (3) of
5subdivision (a) of Section 261 of the Penal Code, a violation of
6Section 459 of the Penal Code in the first degree, assault with
7intent to commit murder, a violation of Section 220 of the Penal
8Code in which the victim suffers great bodily injury, a violation
9of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the
10Penal Code, or of a felony involving death, great bodily injury, or
11an act which poses a serious threat of bodily harm to another
12person, or a violation of the law of any other state or the United
13States that includes all the elements of any of the above felonies
14as defined under California law, shall purchase or receive, or
15attempt to purchase or receive, or have in his or her possession or
16under his or her custody or control any firearm or any other deadly
17weapon.

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

22(c) (1) No person who has been found, pursuant to Section 1026
23of the Penal Code or the law of any other state or the United States,
24not guilty by reason of insanity of any crime other than those
25described in subdivision (b) shall purchase or receive, or attempt
26to purchase or receive, or shall have in his or her possession,
27custody, or control any firearm or any other deadly weapon unless
28the court of commitment has found the person to have recovered
29sanity, pursuant to Section 1026.2 of the Penal Code or the law of
30any other state or the United States.

31(2) The court shallbegin delete immediatelyend delete notify the Department of Justice
32of the court order finding the person to be a person described in
33paragraph (1)begin insert as soon as possible, but not later than two court
34days after issuing the orderend insert
. The court shall also notify the
35Department of Justice when it finds that the person has recovered
36his or her sanitybegin insert as soon as possible, but not later than two court
37days after making the findingend insert
.

38(d) (1) No person found by a court to be mentally incompetent
39to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code
40or the law of any other state or the United States, shall purchase
P19   1or receive, or attempt to purchase or receive, or shall have in his
2or her possession, custody, or control, any firearm or any other
3deadly weapon, unless there has been a finding with respect to the
4person of restoration to competence to stand trial by the committing
5court, pursuant to Section 1372 of the Penal Code or the law of
6any other state or the United States.

7(2) The court shallbegin delete immediatelyend delete notify the Department of Justice
8of the court order finding the person to be mentally incompetent
9as described in paragraph (1)begin insert as soon as possible, but not later
10than two court days after issuing the orderend insert
. The court shall also
11notify the Department of Justice when it finds that the person has
12recovered his or her competencebegin insert as soon as possible, but not later
13than two court days after making the findingend insert
.

14(e) (1) No person who has been placed under conservatorship
15by a court, pursuant to Section 5350 or the law of any other state
16or the United States, because the person is gravely disabled as a
17result of a mental disorder or impairment by chronic alcoholism,
18shall purchase or receive, or attempt to purchase or receive, or
19shall have in his or her possession, custody, or control, any firearm
20or any other deadly weapon while under the conservatorship if, at
21the time the conservatorship was ordered or thereafter, the court
22which imposed the conservatorship found that possession of a
23firearm or any other deadly weapon by the person would present
24a danger to the safety of the person or to others. Upon placing any
25person under conservatorship, and prohibiting firearm or any other
26deadly weapon possession by the person, the court shall notify the
27person of this prohibition.

28(2) The court shallbegin delete immediatelyend delete notify the Department of Justice
29of the court order placing the person under conservatorship and
30prohibiting firearm or any other deadly weapon possession by the
31person as described in paragraph (1)begin insert as soon as possible, but not
32later than two court days after placing the person under
33conservatorshipend insert
. The notice shall include the date the
34conservatorship was imposed and the date the conservatorship is
35to be terminated. If the conservatorship is subsequently terminated
36before the date listed in the notice to the Department of Justice or
37the court subsequently finds that possession of a firearm or any
38other deadly weapon by the person would no longer present a
39 danger to the safety of the person or others, the court shall
40begin delete immediatelyend delete notify the Department of Justicebegin insert as soon as possible,
P20   1but not later than two court days after terminating the
2conservatorshipend insert
.

3(3) All information provided to the Department of Justice
4pursuant to paragraph (2) shall be kept confidential, separate, and
5apart from all other records maintained by the Department of
6Justice, and shall be used only to determine eligibility to purchase
7or possess firearms or other deadly weapons. Any person who
8knowingly furnishes that information for any other purpose is
9guilty of a misdemeanor. All the information concerning any person
10shall be destroyed upon receipt by the Department of Justice of
11notice of the termination of conservatorship as to that person
12pursuant to paragraph (2).

13(f) (1) No person who has been (A) taken into custody as
14provided in Section 5150 because that person is a danger to himself,
15herself, or to others, (B) assessed within the meaning of Section
165151, and (C) admitted to a designated facility within the meaning
17of Sections 5151 and 5152 because that person is a danger to
18himself, herself, or others, shall own, possess, control, receive, or
19purchase, or attempt to own, possess, control, receive, or purchase
20any firearm for a period of five years after the person is released
21from the facility. A person described in the preceding sentence,
22however, may own, possess, control, receive, or purchase, or
23attempt to own, possess, control, receive, or purchase any firearm
24if the superior court has, pursuant to paragraph (5), found that the
25people of the State of California have not met their burden pursuant
26to paragraph (6).

27(2) (A) For each person subject to this subdivision, the facility
28shallbegin delete immediately, on the dateend deletebegin insert, within 24 hours of the timeend insert of
29admission, submit a report to the Department of Justice, on a form
30prescribed by the Department of Justice, containing information
31that includes, but is not limited to, the identity of the person and
32the legal grounds upon which the person was admitted to the
33facility.

34Any report submitted pursuant to this paragraph shall be
35confidential, except for purposes of the court proceedings described
36in this subdivision and for determining the eligibility of the person
37to own, possess, control, receive, or purchase a firearm.

38(B) Commencing July 1, 2012, facilities shall submit reports
39pursuant to this paragraph exclusively by electronic means, in a
40manner prescribed by the Department of Justice.

P21   1(3) Prior to, or concurrent with, the discharge, the facility shall
2inform a person subject to this subdivision that he or she is
3prohibited from owning, possessing, controlling, receiving, or
4purchasing any firearm for a period of five years. Simultaneously,
5the facility shall inform the person that he or she may request a
6hearing from a court, as provided in this subdivision, for an order
7permitting the person to own, possess, control, receive, or purchase
8a firearm. The facility shall provide the person with a form for a
9request for a hearing. The Department of Justice shall prescribe
10the form. Where the person requests a hearing at the time of
11discharge, the facility shall forward the form to the superior court
12unless the person states that he or she will submit the form to the
13superior court.

14(4) The Department of Justice shall provide the form upon
15request to any person described in paragraph (1). The Department
16of Justice shall also provide the form to the superior court in each
17county. A person described in paragraph (1) may make a single
18request for a hearing at any time during the five-year period. The
19request for hearing shall be made on the form prescribed by the
20department or in a document that includes equivalent language.

21(5) Any person who is subject to paragraph (1) who has
22requested a hearing from the superior court of his or her county
23of residence for an order that he or she may own, possess, control,
24receive, or purchase firearms shall be given a hearing. The clerk
25of the court shall set a hearing date and notify the person, the
26Department of Justice, and the district attorney. The people of the
27State of California shall be the plaintiff in the proceeding and shall
28be represented by the district attorney. Upon motion of the district
29attorney, or on its own motion, the superior court may transfer the
30hearing to the county in which the person resided at the time of
31his or her detention, the county in which the person was detained,
32or the county in which the person was evaluated or treated. Within
33seven days after the request for a hearing, the Department of Justice
34shall file copies of the reports described in this section with the
35superior court. The reports shall be disclosed upon request to the
36person and to the district attorney. The court shall set the hearing
37within 30 days of receipt of the request for a hearing. Upon
38showing good cause, the district attorney shall be entitled to a
39continuance not to exceed 14 days after the district attorney was
40notified of the hearing date by the clerk of the court. If additional
P22   1continuances are granted, the total length of time for continuances
2shall not exceed 60 days. The district attorney may notify the
3county mental health director of the hearing who shall provide
4information about the detention of the person that may be relevant
5to the court and shall file that information with the superior court.
6That information shall be disclosed to the person and to the district
7attorney. The court, upon motion of the person subject to paragraph
8(1) establishing that confidential information is likely to be
9discussed during the hearing that would cause harm to the person,
10shall conduct the hearing in camera with only the relevant parties
11present, unless the court finds that the public interest would be
12better served by conducting the hearing in public. Notwithstanding
13any other law, declarations, police reports, including criminal
14history information, and any other material and relevant evidence
15that is not excluded under Section 352 of the Evidence Code shall
16be admissible at the hearing under this section.

17(6) The people shall bear the burden of showing by a
18preponderance of the evidence that the person would not be likely
19to use firearms in a safe and lawful manner.

20(7) If the court finds at the hearing set forth in paragraph (5)
21that the people have not met their burden as set forth in paragraph
22 (6), the court shall order that the person shall not be subject to the
23five-year prohibition in this section on the ownership, control,
24receipt, possession, or purchase ofbegin insert firearms, and that person shall
25comply with the procedure described in Chapter 2 (commencing
26with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal
27Code for the return of anyend insert
firearms. A copy of the order shall be
28submitted to the Department of Justice. Upon receipt of the order,
29the Department of Justice shall delete any reference to the
30prohibition against firearms from the person’s state mental health
31firearms prohibition system information.

32(8) Where the district attorney declines or fails to go forward
33in the hearing, the court shall order that the person shall not be
34subject to the five-year prohibition required by this subdivision
35on the ownership, control, receipt, possession, or purchase of
36firearms. A copy of the order shall be submitted to the Department
37of Justice. Upon receipt of the order, the Department of Justice
38shall, within 15 days, delete any reference to the prohibition against
39firearms from the person’s state mental health firearms prohibition
40system informationbegin insert, and that person shall comply with the
P23   1procedure described in Chapter 2 (commencing with Section
233850) of Division 11 of Title 4 of Part 6 of the Penal Code for
3the return of any firearmsend insert
.

4(9) Nothing in this subdivision shall prohibit the use of reports
5filed pursuant to this section to determine the eligibility of persons
6to own, possess, control, receive, or purchase a firearm if the person
7is the subject of a criminal investigation, a part of which involves
8the ownership, possession, control, receipt, or purchase of a
9firearm.

10(g) (1) No person who has been certified for intensive treatment
11under Section 5250, 5260, or 5270.15 shall own, possess, control,
12receive, or purchase, or attempt to own, possess, control, receive,
13or purchase, any firearm for a period of five years.

14Any person who meets the criteria contained in subdivision (e)
15or (f) who is released from intensive treatment shall nevertheless,
16if applicable, remain subject to the prohibition contained in
17subdivision (e) or (f).

18(2) (A) For each person certified for intensive treatment under
19paragraph (1), the facility shallbegin delete immediatelyend deletebegin insert, within 24 hours of
20the certification,end insert
submit a report to the Department of Justice, on
21a form prescribed by the department, containing information
22regarding the person, including, but not limited to, the legal identity
23of the person and the legal grounds upon which the person was
24certified. Any report submitted pursuant to this paragraph shall
25only be used for the purposes specified in paragraph (2) of
26subdivision (f).

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

30(3) Prior to, or concurrent with, the discharge of each person
31certified for intensive treatment under paragraph (1), the facility
32shall inform the person of that information specified in paragraph
33(3) of subdivision (f).

34(4) Any person who is subject to paragraph (1) may petition the
35superior court of his or her county of residence for an order that
36he or she may own, possess, control, receive, or purchase firearms.
37At the time the petition is filed, the clerk of the court shall set a
38hearing date and notify the person, the Department of Justice, and
39the district attorney. The people of the State of California shall be
40the respondent in the proceeding and shall be represented by the
P24   1district attorney. Upon motion of the district attorney, or on its
2own motion, the superior court may transfer the petition to the
3county in which the person resided at the time of his or her
4detention, the county in which the person was detained, or the
5county in which the person was evaluated or treated. Within seven
6days after receiving notice of the petition, the Department of Justice
7shall file copies of the reports described in this section with the
8superior court. The reports shall be disclosed upon request to the
9person and to the district attorney. The district attorney shall be
10entitled to a continuance of the hearing to a date of not less than
1114 days after the district attorney was notified of the hearing date
12by the clerk of the court. The district attorney may notify the county
13mental health director of the petition, and the county mental health
14director shall provide information about the detention of the person
15that may be relevant to the court and shall file that information
16with the superior court. That information shall be disclosed to the
17person and to the district attorney. The court, upon motion of the
18person subject to paragraph (1) establishing that confidential
19information is likely to be discussed during the hearing that would
20cause harm to the person, shall conduct the hearing in camera with
21only the relevant parties present, unless the court finds that the
22public interest would be better served by conducting the hearing
23in public. Notwithstanding any other provision of law, any
24declaration, police reports, including criminal history information,
25and any other material and relevant evidence that is not excluded
26under Section 352 of the Evidence Code, shall be admissible at
27the hearing under this section. If the court finds by a preponderance
28of the evidence that the person would be likely to use firearms in
29a safe and lawful manner, the court may order that the person may
30own, control, receive, possess, or purchasebegin insert firearms, and that
31person shall comply with the procedure described in Chapter 2
32(commencing with Section 33850) of Division 11 of Title 4 of Part
336 of the Penal Code for the return of anyend insert
firearms. A copy of the
34order shall be submitted to the Department of Justice. Upon receipt
35of the order, the Department of Justice shall delete any reference
36to the prohibition against firearms from the person’s state mental
37health firearms prohibition system information.

38(h) begin insert(1)end insert For all persons identified in subdivisions (f) and (g),
39facilities shall report to the Department of Justice as specified in
40those subdivisions, except facilities shall not report persons under
P25   1subdivision (g) if the same persons previously have been reported
2under subdivision (f).

begin delete

3Additionally,

end delete

4begin insert(2)end insertbegin insertend insertbegin insertAdditionally,end insert all facilities shall report to the Department of
5Justice upon the discharge of persons from whom reports have
6been submitted pursuant to subdivision (f) or (g). However, a report
7shall not be filed for persons who are discharged within 31 days
8after the date of admission.

begin insert

9(i) (1) No person who has been ordered by a court to obtain
10assisted outpatient treatment pursuant to Article 9 (commencing
11with Section 5345) of Chapter 2 of Part 1 of Division 5 shall
12purchase or receive, or attempt to purchase or receive, or shall
13have in his or her possession, custody, or control, any firearm or
14any other deadly weapon while subject to assisted outpatient
15treatment. Upon placing any person under assisted outpatient
16treatment, the court shall notify the person of this prohibition.

end insert
begin insert

17(2) The court shall notify the Department of Justice of the court
18order placing the person in assisted outpatient treatment and
19prohibiting firearm or any other deadly weapon possession by the
20person described in paragraph (1) within two days of the order.
21The court shall also notify the Department of Justice when the
22person subject to paragraph (1) is no longer subject to assisted
23outpatient treatment. Any report submitted pursuant to this
24paragraph shall be confidential, except for purposes of the court
25proceedings specified in this subdivision and for purposes of
26determining the eligibility of the person to own, possess, control,
27receive, or purchase a firearm.

end insert
begin delete

28(i)

end delete

29begin insert(j)end insert Every person who owns or possesses or has under his or her
30custody or control, or purchases or receives, or attempts to purchase
31or receive, any firearm or any other deadly weapon in violation of
32this section shall be punished by imprisonment pursuant to
33subdivision (h) of Section 1170 of the Penal Code or in a county
34jail for not more than one year.

begin delete

35(j)

end delete

36begin insert(k)end insert “Deadly weapon,” as used in this section, has the meaning
37prescribed by Section 8100.

begin insert

38(l) Any notice or report required to be submitted to the
39Department of Justice pursuant to this section shall be submitted
P26   1in an electronic format, in a manner prescribed by the Department
2of Justice.

end insert
3

SEC. 4.  

Section 8104 of the Welfare and Institutions Code is
4amended to read:

5

8104.  

The State Department of State Hospitals shall maintain
6in a convenient central location and shall make available to the
7Department of Justice those records that the State Department of
8State Hospitals has in its possession that are necessary to identify
9persons who come within Section 8100 or 8103. Upon request of
10the Department of Justice, the State Department of State Hospitals
11shall make these records available to the Department of Justice in
12electronic format within 24 hours of receiving the request. The
13Department of Justice shall make these requests only with respect
14to its duties with regard to applications for permits for, or to carry,
15or the possession, purchase, or transfer of, explosives as defined
16in Section 12000 of the Health and Safety Code, devices defined
17in Section 16250, 16530, or 16640 of the Penal Code, in
18subdivisions (a) to (d), inclusive, of Section 16520 of the Penal
19Code, or in subdivision (a) of Section 16840 of the Penal Code,
20machineguns as defined in Section 16880 of the Penal Code,
21short-barreled shotguns or short-barreled rifles as defined in
22Sections 17170 and 17180 of the Penal Code, assault weapons as
23defined in Section 30510 of the Penal Code, and destructive devices
24as defined in Section 16460 of the Penal Code, or to determine the
25eligibility of a person to acquire, carry, or possess a firearm,
26explosive, or destructive device by a person who is subject to a
27criminal investigation, a part of which involves the acquisition,
28carrying, or possession of a firearm by that person. These records
29shall not be furnished or made available to any person unless the
30department determines that disclosure of any information in the
31records is necessary to carry out its duties with respect to
32applications for permits for, or to carry, or the possession, purchase,
33or transfer of, explosives, destructive devices, devices as defined
34in Section 16250, 16530, or 16640 of the Penal Code, in
35subdivisions (a) to (d), inclusive, of Section 16520 of the Penal
36Code, or in subdivision (a) of Section 16840 of the Penal Code,
37short-barreled shotguns, short-barreled rifles, assault weapons,
38and machineguns, or to determine the eligibility of a person to
39acquire, carry, or possess a firearm, explosive, or destructive device
40by a person who is subject to a criminal investigation, a part of
P27   1which involves the acquisition, carrying, or possession of a firearm
2by that person.

3

SEC. 5.  

Section 8105 of the Welfare and Institutions Code is
4amended to read:

5

8105.  

(a) The Department of Justice shall request each public
6and private mental hospital, sanitarium, and institution to submit
7to the department that information that the department deems
8necessary to identify those persons who are within subdivision (a)
9of Section 8100, in order to carry out its duties in relation to
10firearms, destructive devices, and explosives.

11(b) Upon request of the Department of Justice pursuant to
12subdivision (a), each public and private mental hospital, sanitarium,
13and institution shall submit to the department that information
14which the department deems necessary to identify those persons
15who are within subdivision (a) of Section 8100, in order to carry
16out its duties in relation to firearms, destructive devices, and
17explosives.

18(c) A licensed psychotherapist shall report to a local law
19enforcement agency, within 24 hours, in a manner prescribed by
20the Department of Justice, the identity of a person subject to
21subdivision (b) of Section 8100. Upon receipt of the report, the
22local law enforcement agency, on a form prescribed by the
23Department of Justice, shall notify the department electronically,
24within 24 hours, in a manner prescribed by the department, of the
25person who is subject to subdivision (b) of Section 8100.

26(d) All information provided to the Department of Justice
27pursuant to this section shall be kept confidential, separate, and
28apart from all other records maintained by the department. The
29information provided to the Department of Justice pursuant to this
30section shall be used only for any of the following purposes:

31(1) By the department to determine eligibility of a person to
32acquire, carry, or possess firearms, destructive devices, or
33explosives.

34(2) For the purposes of the court proceedings described in
35subdivision (b) of Section 8100, to determine the eligibility of the
36person who is bringing the petition pursuant to paragraph (3) of
37subdivision (b) of Section 8100.

38(3) To determine the eligibility of a person to acquire, carry, or
39possess firearms, destructive devices, or explosives who is the
40subject of a criminal investigation, if a part of the criminal
P28   1investigation involves the acquisition, carrying, or possession of
2firearms, explosives, or destructive devices by that person.

3(e) Reports shall not be required or requested under this section
4where the same person has been previously reported pursuant to
5 Section 8103 or 8104.

6begin insert

begin insertSEC. 6.end insert  

end insert
begin insert

Section 3.5 of this bill incorporates amendments to
7Section 8103 of the Welfare and Institutions Code proposed by
8both this bill and Senate Bill 755. It shall only become operative
9if (1) both bills are enacted and become effective on or before
10January 1, 2014, (2) each bill amends Section 8103 of the Welfare
11and Institutions Code, and (3) this bill is enacted after Senate Bill
12755, in which case Section 3 of this bill shall not become operative.

end insert
13

begin deleteSEC. 6.end delete
14begin insertSEC. 7.end insert  

No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution for certain
16costs that may be incurred by a local agency or school district
17because, in that regard, this act creates a new crime or infraction,
18eliminates a crime or infraction, or changes the penalty for a crime
19or infraction, within the meaning of Section 17556 of the
20Government Code, or changes the definition of a crime within the
21meaning of Section 6 of Article XIII B of the California
22Constitution.

23However, if the Commission on State Mandates determines that
24this act contains other costs mandated by the state, reimbursement
25to local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.



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