Amended in Senate April 1, 2013

Amended in Senate March 19, 2013

Senate BillNo. 127


Introduced by Senator Gaines

January 22, 2013


An act to amendbegin delete Sections 8104 andend deletebegin insert Sectionend insert 8105 of the Welfare and Institutions Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 127, as amended, Gaines. Firearms: mentally disorderedbegin delete persons: report to Department of Justice.end deletebegin insert persons.end insert

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(1) Existing law prohibits mentally ill persons who meet specified criteria from possessing firearms or deadly weapons. Existing law requires the State Department of State Hospitals to maintain records in its possession that are necessary to identify persons who come within this prohibition and to make these records available to the Department of Justice upon request.

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This bill would require the State Department of State Hospitals to make these records available to the Department of Justice electronically, within 24 hours, in a manner prescribed by the Department of Justice.

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(2) Existing

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begin insertExistinend insertbegin insertgend insert 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 electronically, within 24 hours, in a manner prescribed by the department. The bill would also require the local law enforcement agency receiving the report to notify the department electronically within 24 hours, in a manner prescribed by the department.

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

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

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P2    1

SECTION 1.  

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

3

8104.  

The State Department of State Hospitals shall maintain
4in a convenient central location and shall make available to the
5Department of Justice those records that the State Department of
6State Hospitals has in its possession that are necessary to identify
7persons who come within Section 8100 or 8103. These records
8shall be made available to the Department of Justice electronically,
9within 24 hours, in a manner prescribed by the Department of
10Justice, upon request. The Department of Justice shall make these
11requests only with respect to its duties with regard to applications
12for permits for, or to carry, or the possession, purchase, or transfer
13of, explosives as defined in Section 12000 of the Health and Safety
14Code, devices defined in Section 16250, 16530, or 16640 of the
15Penal Code, in subdivisions (a) to (d), inclusive, of Section 16520
16of the Penal Code, or in subdivision (a) of Section 16840 of the
17Penal Code, machineguns as defined in Section 16880 of the Penal
18Code, short-barreled shotguns or short-barreled rifles as defined
19in Sections 17170 and 17180 of the Penal Code, assault weapons
20as defined in Section 30510 of the Penal Code, and destructive
21devices as defined in Section 16460 of the Penal Code, or to
22determine the eligibility of a person to acquire, carry, or possess
23a firearm, explosive, or destructive device by a person who is
24subject to a criminal investigation, a part of which involves the
25acquisition, carrying, or possession of a firearm by that person.
26These records shall not be furnished or made available to any
27person unless the department determines that disclosure of any
28information in the records is necessary to carry out its duties with
29respect to applications for permits for, or to carry, or the possession,
P3    1purchase, or transfer of, explosives, destructive devices, devices
2as defined in Section 16250, 16530, or 16640 of the Penal Code,
3in subdivisions (a) to (d), inclusive, of Section 16520 of the Penal
4Code, or in subdivision (a) of Section 16840 of the Penal Code,
5short-barreled shotguns, short-barreled rifles, assault weapons,
6and machineguns, or to determine the eligibility of a person to
7acquire, carry, or possess a firearm, explosive, or destructive device
8by a person who is subject to a criminal investigation, a part of
9which involves the acquisition, carrying, or possession of a firearm
10by that person.

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11

begin deleteSEC. 2.end delete
12begin insertSECTION 1.end insert  

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

14

8105.  

(a) The Department of Justice shall request each public
15and private mental hospital, sanitarium, and institution to submit
16to the department that information that the department deems
17necessary to identify those persons who are within subdivision (a)
18of Section 8100, in order to carry out its duties in relation to
19firearms, destructive devices, and explosives.

20(b) Upon request of the Department of Justice pursuant to
21subdivision (a), each public and private mental hospital, sanitarium,
22and institution shall submit to the department that information
23which the department deems necessary to identify those persons
24who are within subdivision (a) of Section 8100, in order to carry
25out its duties in relation to firearms, destructive devices, and
26explosives.

27(c) A licensed psychotherapist shall report to a local law
28enforcement agency electronically, within 24 hours, in a manner
29prescribed by the Department of Justice, the identity of a person
30subject to subdivision (b) of Section 8100. Upon receipt of the
31report, the local law enforcement agency, on a form prescribed by
32the Department of Justice, shall notify the department
33electronically, within 24 hours, in a manner prescribed by the
34department, of the person who is subject to subdivision (b) of
35Section 8100.

36(d) All information provided to the Department of Justice
37pursuant to this section shall be kept confidential, separate and
38apart from all other records maintained by the department. The
39information provided to the Department of Justice pursuant to this
40section shall be used only for any of the following purposes:

P4    1(1) By the department to determine eligibility of a person to
2acquire, carry, or possess firearms, destructive devices, or
3explosives.

4(2) For the purposes of the court proceedings described in
5subdivision (b) of Section 8100 to determine the eligibility of the
6person who is bringing the petition pursuant to paragraph (3) of
7subdivision (b) of Section 8100.

8(3) To determine the eligibility of a person to acquire, carry, or
9possess firearms, destructive devices, or explosives who is the
10subject of a criminal investigation, if a part of the criminal
11investigation involves the acquisition, carrying, or possession of
12firearms, explosives, or destructive devices by that person.

13(e) Reports shall not be required or requested under this section
14where the same person has been previously reported pursuant to
15Section 8103 or 8104.



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