BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    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  
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             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  

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                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  

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          "Tarasoff" orders to be disarmed before they can cause harm.  



          JG:d  5/14/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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