Amended in Assembly August 4, 2014

Amended in Assembly June 10, 2014

Amended in Senate May 28, 2013

Amended in Senate May 15, 2013

Amended in Senate April 24, 2013

Amended in Senate April 1, 2013

Senate BillNo. 505


Introduced by Senator Jackson

February 21, 2013


An act to add Sectionbegin delete 5150.6 to the Welfare and Institutions Code,end deletebegin insert 11106.4 to the Penal Code,end insert relating tobegin delete welfare checks.end deletebegin insert crime prevention.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 505, as amended, Jackson. Peace officers: welfare checks: firearms.

Existing law allows a person to be taken into custody for a period of 72 hours for crisis intervention when probable cause exists that the person, as a result of a mental disorder, is a danger to others, or to himself or herself, or gravely disabled.begin insert Under existing law, the Attorney General is required to maintain a registry of specified information concerning the sale, lease, or transfer of firearms, and to include in the registry specified data provided to the Department of Justice.end insert

This bill would, except when exigent circumstances existbegin insert, and provided that sufficient identifying information is available or could be ascertained through reasonable effortsend insert, require a peace officer who is asked to check, or checks on, the welfare or well-being of an individual based on a concern that the individual is a danger to others, or to himself or herself, to first conduct a search of the Department of Justice Automated Firearms System via the California Law Enforcement Telecommunications System to determine whether the person is the registered owner of any firearm.

By imposing additional duties on local peace officers, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin deleteP2    1

SECTION 1.  

Section 5150.6 is added to the Welfare and
2Institutions Code
, to read:

3

5150.6.  

Except when exigent circumstances exist, if during the
4discharge of his or her policing and community care taking
5functions, a peace officer is asked to check, or checks on, the
6welfare or well-being of a person, and the inquiry is motivated by
7a concern that the person may be a danger to others, or to himself
8or herself, the peace officer shall first conduct a search of the
9Department of Justice Automated Firearms System via the
10California Law Enforcement Telecommunications System, to
11determine whether the person is the registered owner of any
12firearm.

end delete
13begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 11106.4 is added to the end insertbegin insertPenal Codeend insertbegin insert, to
14read:end insert

begin insert
15

begin insert11106.4.end insert  

Except when exigent circumstances exist, and
16provided that sufficient identifying information is available or
17could be ascertained through reasonable efforts, if during the
18discharge of his or her policing and community care taking
19functions, a peace officer is asked to check, or checks on, the
20welfare or well-being of a person, and the inquiry is motivated by
21a concern that the person may be a danger to others or to himself
P3    1or herself, the peace officer shall first conduct a search of the
2Department of Justice Automated Firearms System via the
3California Law Enforcement Telecommunications System, to
4determine whether the person is the registered owner of any
5firearm.

end insert
6

SEC. 2.  

If the Commission on State Mandates determines that
7this act contains costs mandated by the state, reimbursement to
8local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.



O

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