BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 127|
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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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