BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1591| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1591 Author: Achadjian (R) and Gray (D), et al. Amended: 5/20/14 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 6-0, 5/13/14 AYES: Hancock, Anderson, De León, Liu, Mitchell, Steinberg NO VOTE RECORDED: Knight ASSEMBLY FLOOR : 76-0, 3/20/14 - See last page for vote SUBJECT : Firearms: prohibited persons: notification SOURCE : Author DIGEST : This bill reduces the time the court has to notify the Department of Justice (DOJ) of court actions that will result in the prohibition of a person from possessing a firearm or any other deadly weapon or result in the person no longer being subject to that prohibition, from two court days to one court day. ANALYSIS : Existing law: 1.Provides that no person who after October 1, 1955 has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, CONTINUED AB 1591 Page 2 shall purchase or receive, or attempt to purchase or receive, or have in his/her possession, custody, or control any firearm or any other deadly weapon unless there has been issued to the person a certificate by the court of adjudication upon release from treatment or at a later date stating that the person may possess a firearm or any other deadly weapon without endangering others, and the person has not, subsequent to the issuance of the certificate, again been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness. 2.Requires the court to notify DOJ as soon as possible, but not later than two court days, of the court order finding an individual to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender. Requires the court also to notify DOJ as soon as possible, but not later than two court days, of any certificate issued by the court stating that the person may possess a firearm or any other deadly weapon. 3.Prohibits a person who has been found not guilty by reason of insanity of murder, mayhem, carjacking, or robbery in which the victim suffers great bodily injury, burglary in the first degree, or any of the other specified offenses involving death, great bodily injury, or an act which poses a serious threat of bodily harm to another person, from purchasing or receiving, or attempting to purchase or receive, or having in his/her possession or under his/her custody or control any firearm or any other deadly weapon. Requires the court to notify DOJ as soon as possible, but not later than two court days, of the court order finding the person to be a person described in this provision. 4.Prohibits a person who has been found not guilty by reason of insanity for any offense not specifically listed from purchasing or receiving, or attempting to purchase or receive, or having in his/her possession, custody, or control any firearm or any other deadly weapon unless the court of commitment has found the person to have recovered sanity. Requires the court to notify DOJ as soon as possible, but not later than two court days, of the court order finding the person to be a person described in this provision, and requires the court to notify DOJ as soon as possible, but not CONTINUED AB 1591 Page 3 later than two court days, when it finds that the person has recovered his/her sanity. 5.Prohibits a person who has been found by a court to be mentally incompetent to stand trial, from purchasing or receiving, or attempting to purchase or receive, or having in his/her possession, custody, or control, any firearm or any other deadly weapon unless there has been a finding with respect to the person of restoration to competence to stand trial by the committing court. Requires the court to notify DOJ as soon as possible, but not later than two court days, of the court order finding the person to be mentally incompetent, and requires the court to notify DOJ as soon as possible, but not later than two court days, when it finds that the person has recovered his/her competence. 6.Prohibits a person who has been placed under conservatorship by a court from purchasing or receiving, or attempting to purchase or receive, or having in his/her possession, custody, or control, any firearm or any other deadly weapon while under the conservatorship if, at the at the time the conservatorship was ordered or thereafter, the imposing court found that possession of a firearm or any other deadly weapon by the person would present a danger to the safety of the person or to others. Requires the court to notify DOJ as soon as possible, but not later than two court days, of the court order placing the person under conservatorship and prohibiting firearm or any other deadly weapon possession, including the dates the conservatorship was imposed and is to be terminated, and requires the court to notify DOJ as soon as possible, but not later than two court days, if the conservatorship is subsequently terminated before the date listed in the notice to DOJ or the court subsequently finds that possession of firearm or any other deadly weapon by the person would no longer present a danger to the safety of the person or others. This bill reduces the time the court has to notify DOJ of court actions that will result in the prohibition of a person from possessing a firearm or any other deadly weapon or result in the person no longer being subject to that prohibition, from two court days to one court day, as specified. Comments CONTINUED AB 1591 Page 4 According to the author's office, this bill implements the State Auditor's recommendation that courts abide by the same reporting standards required of other reporting entities, establishing consistent procedures regarding the urgency with which we identify and report Armed Prohibited Persons to DOJ. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 6/4/14) American Academy of Pediatrics, California California Police Chiefs Association Inc. Judicial Council of California ASSEMBLY FLOOR : 76-0, 3/20/14 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Morrell, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Frazier, Gray, Logue, V. Manuel Pérez JG:e 6/5/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED