BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 127| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 127 Author: Gaines (R) Amended: 5/6/13 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/30/13 AYES: Hancock, Anderson, Block, De León, Knight, Liu, Steinberg SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : Firearms: mentally disordered persons SOURCE : Author DIGEST : This bill requires that reports by a licensed psychotherapist to a local law enforcement agency regarding the identity of a person who has communicated to that therapist a serious threat of physical violence against a reasonably identifiable victim or victims be made within 24 hours, and requires that local law enforcement agencies, when they receive such reports, notify the Department of Justice (DOJ) electronically and within 24 hours of receiving that report. ANALYSIS : Existing law: 1. Requires that, upon receipt of a report from the local law enforcement agency regarding a person having made such a threat, the DOJ shall notify by certified mail, return CONTINUED SB 127 Page 2 receipt requested, a person subject to this subdivision of the following: A. That he/she is prohibited from possessing, having custody or control over, receiving, or purchasing any firearm or other deadly weapon for a period of six months commencing from the date that the licensed psychotherapist reports to the local law enforcement agency the identity of the person making the communication. The notice shall state the date when the prohibition commences and ends. B. That he/she may petition a court for an order permitting the person to own, possess, control, receive, or purchase a firearm. 2. Requires a licensed psychotherapist to immediately report to a local law enforcement agency the identity of a person who has communicated to that therapist a serious threat of physical violence against a reasonably identifiable victim or victims. Upon receipt of the report, the local law enforcement agency, on a form prescribed by DOJ, shall immediately notify the DOJ of the person who made the threat. 3. Provides that all information provided to DOJ shall be kept confidential, separate and apart from all other records maintained by the DOJ. The information provided to DOJ shall be used only for any of the following purposes: A. By the DOJ to determine eligibility of a person to acquire, carry, or possess firearms, destructive devices, or explosives. B. For the purposes of the court proceedings to determine the eligibility of the person who is bringing the petition to possess, purchase or receive any firearms. C. To determine the eligibility of a person to possess firearms, destructive devices, or explosives who is the subject of a criminal investigation, if a part of the criminal investigation involves the acquisition, carrying, or possession of firearms, explosives, or CONTINUED SB 127 Page 3 destructive devices by that person. This bill: 1. Requires that reports by a licensed psychotherapist to a local law enforcement agency regarding the identity of a person who has communicated to that therapist a serious threat of physical violence against a reasonably identifiable victim or victims be made within 24 hours. 2. Requires that local law enforcement agencies, when they receive such reports, notify the DOJ electronically and within 24 hours of that report. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 5/13/13) California Chapters of the Brady Campaign to Prevent Gun Violence California Rifle and Pistol Association California State Sheriffs' Association Law Center to Prevent Gun Violence National Rifle Association Orange County Citizens Against Gun Violence ARGUMENTS IN SUPPORT : The California Chapters of the Brady Campaign to Prevent Gun Violence supports this bill and states that existing law requires a licensed psychotherapist to immediately report the identity of a person who has communicated a serious threat of physical violence against a reasonably identifiable victim to the local law enforcement agency and to the DOJ. Persons so reported are prohibited from possessing a firearm for a period of six months. The term "immediately" lacks precise definition and in practice, significant delays are taking place. This bill requires that these reports be made electronically to the DOJ within 24 hours. Timely reporting to the DOJ allows these names to be checked against the database of gun ownership and persons disarmed if found to be in possession of a firearm. Rapid reporting will allow potentially dangerous people subject to these so called CONTINUED SB 127 Page 4 "Tarasoff" orders to be disarmed before they can cause harm. JG:d 5/14/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED