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 ----------------------------------------------------------------- |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 SB 127 Page 2 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 SB 127 Page 3 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 Page 4