BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 127
                                                                  Page  1

          Date of Hearing:   August 14, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     SB 127 (Gaines) - As Amended:   May 6, 2013 

          Policy Committee:                             Public  
          SafetyVote:7-0 

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          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. (Current law specifies these  
          reports be made "immediately.")   

          This bill also requires local law enforcement agencies, when  
          they receive such reports, to notify the Department of Justice  
          (DOJ) electronically and within 24 hours of that report.  
          (Current law specifies these reports be made "immediately.")   

           FISCAL EFFECT  

          Negligible. 

           COMMENTS  

           1)Rationale  . The author's intent is to clarify the meaning of  
            immediately by requiring reporting within 24 hours. According  
            to the author, "More consistent and timely communications  
            between therapists, local law enforcement and the Department  
            of Justice should lead to fewer prohibited persons purchasing  
            or possessing firearms in California and improve public  
            safety."  
           
           2)DOJ's Armed Prohibited Persons System (APPS)  is an online  
            database that cross-references persons who possess a gun and  
            who, subsequent to possession of that gun, become a member of  
            the class of persons legally prohibited from possessing a gun.  








                                                                  SB 127
                                                                  Page  2

            Prohibition ranges from lifetime bans for anyone convicted of  
            a felony or addicted to a narcotic, as well as specified  
            violent misdemeanors, to 10-year bans for numerous  
            misdemeanors involving violence, to five-year bans for   
            specified misdemeanors or for being found to be a danger to  
            self or others, to temporary bans based on protective orders. 

            Law enforcement agencies have access to APPS and are thus able  
            to identify persons prohibited from possessing a gun.  
            According to DOJ, about half of the persons on the APPS list  
            are prohibited due to criminal history; about 30% due to  
            mental health status, and about 20% due to restraining orders.

             Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081