BILL ANALYSIS Ó
SB 127
Page 1
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 |
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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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