BILL ANALYSIS                                                                                                                                                                                                    



                                                                SB 127
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        SENATE THIRD READING
        SB 127 (Ted Gaines)
        As Amended  May 6, 2013
        Majority vote 

         SENATE VOTE  :36-0  
         
         PUBLIC SAFETY       7-0         APPROPRIATIONS      16-0        
         
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        |Ayes:|Ammiano, Melendez,        |Ayes:|Gatto, Harkey, Bigelow,   |
        |     |Jones-Sawyer, Mitchell,   |     |Bocanegra, Bradford, Ian  |
        |     |Quirk, Skinner, Waldron   |     |Calderon, Campos, Eggman, |
        |     |                          |     |Gomez, Hall, Holden,      |
        |     |                          |     |Linder, Pan, Quirk,       |
        |     |                          |     |Wagner, Weber             |
         ----------------------------------------------------------------- 

         SUMMARY  :  Requires that reports by a licensed psychotherapist to a  
        local law enforcement agency of 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.  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.

         EXISTING LAW  : 

        1)States that a person shall not have in his or her possession or  
          under his or her custody or control, or purchase or receive, or  
          attempt to purchase or receive, any firearms whatsoever or any  
          other deadly weapon for a period of six months whenever, on or  
          after January 1, 1992, he or she communicates to a licensed  
          psychotherapist, as defined, of a serious threat of physical  
          violence against a reasonably identifiable victim or victims.  The  
          six-month period shall commence from the date that the licensed  
          psychotherapist reports to the local law enforcement agency the  
          identity of the person making the communication.  The prohibition  
          provided for in this subdivision shall not apply unless the  
          licensed psychotherapist notifies a local law enforcement agency  
          of the threat by that person.  

        2)Provides that the person, however, may own, possess, have custody  
          or control over, or receive or purchase any firearm if a superior  








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          court, upon petition of the person, has found, by a preponderance  
          of the evidence, that the person is likely to use firearms or  
          other deadly weapons in a safe and lawful manner.  

        3)Requires the DOJ, upon receiving a report from the local law  
          enforcement agency of the identity of a person described in the  
          section above, to notify by certified mail a person subject to  
          this prohibition, of the following:

           a)   That he or 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; and,

           b)   That he or she may petition a court, as provided in this  
             subdivision, for an order permitting the person to own,  
             possess, control, receive, or purchase a firearm.  

        4)States that a violation of these prohibitions against possessing a  
          firearm or deadly weapon shall be a public offense, punishable by  
          imprisonment in a county jail as a felony for 16 months, two or  
          three years, or as a misdemeanor for not more than one year, by a  
          fine not exceeding $1,000, or by both that imprisonment and fine.   


        5)Requires DOJ to request each public and private mental hospital,  
          sanitarium, and institution to submit to DOJ information that DOJ  
          deems necessary to identify those persons who are prohibited from  
          possessing firearms, in order to carry out its duties in relation  
          to firearms, destructive devices, and explosives.  

        6)States that upon request from DOJ, each public and private mental  
          hospital, sanitarium, and institution shall submit to DOJ  
          information which DOJ deems necessary to identify those persons  
          prohibited from possessing firearms, in order to carry out its  
          duties in relation to firearms, destructive devices, and  
          explosives.  

        7)Requires a licensed psychotherapist to immediately report to a  
          local law enforcement agency the identity of a person who  
          communicates to the licensed psychotherapist of a serious threat  








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          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 DOJ  
          of the identity of this person.  

        8)Provides that all information provided to DOJ pursuant to this  
          section shall be kept confidential, separate and apart from all  
          other records maintained by DOJ.  The information provided to DOJ  
          pursuant to this section shall be used only for any of the  
          following purposes:

           a)   By 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 be  
             able to possess or own a firearm; or,

           c)   To determine the eligibility of a person to acquire, carry,  
             or 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 destructive devices by  
             that person.  

         FISCAL EFFECT  :  According to the Assembly Appropriations Committee,  
        negligible costs.

         COMMENTS  :  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."  
         
        Please see the policy committee analysis for a full discussion of  
        this bill.  


        Analysis Prepared by  :    Stella Choe / PUB. S. / (916) 319-3744 


                                                                  FN: 0001683









                                                                SB 127
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