BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                       AB 1591|
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                                    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,  
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            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  

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            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
           

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          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

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