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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