Amended in Assembly August 18, 2014

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 Section 11106.4 to the Penal Code, relating to crime prevention.

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. 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.

This billbegin delete would, except when exigent circumstances exist, and provided that sufficient identifying information is available or could be ascertained through reasonable efforts, 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 firstend deletebegin insert would require law enforcement agencies to develop, adopt, and implement written policies and standard protocols pertaining to the best manner to conduct a “welfare check,” when the inquiry into the welfare or well-being of the person is motivated by a concern that the person may be a danger to himself or herself or to others. The bill would require those policies to encourage a peace officer, prior to conducting the welfare check and whenever possible and reasonable, as specified, toend insert 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 ofbegin delete anyend deletebegin insert aend insert firearm.

By imposing additional duties on localbegin delete peace officersend deletebegin insert law enforcement agenciesend insert, 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 11106.4 is added to the Penal Code, to
2read:

3

11106.4.  

Except when exigent circumstances exist, and
4provided that sufficient identifying information is available or
5could be ascertained through reasonable efforts, if during the
6discharge of his or her policing and community care taking
7functions, a peace officer is asked to check, or checks on, the
8welfare or well-being of a person, and the inquiry is motivated by
9a concern that the person may be a danger to others or to himself
10or herself, the peace officer shall first conduct a search of the
11Department of Justice Automated Firearms System via the
12California Law Enforcement Telecommunications System, to
P3    1determine whether the person is the registered owner of any
2firearm.

end delete
3begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 11106.4 is added to the end insertbegin insertPenal Codeend insertbegin insert, to
4read:end insert

begin insert
5

begin insert11106.4.end insert  

(a) Every law enforcement agency shall develop,
6adopt, and implement written policies and standard protocols
7pertaining to the best manner to conduct a “welfare check,” when
8the inquiry into the welfare or well-being of the person is motivated
9by a concern that the person may be a danger to himself or herself
10or to others. The policies shall encourage a peace officer, prior
11to conducting the welfare check and whenever possible and
12reasonable, to conduct a search of the Department of Justice
13Automated Firearms System via the California Law Enforcement
14Telecommunications System to determine whether the person is
15the registered owner of a firearm.

16(b) For purposes of this section, “reasonable” as used in
17subdivision (a) means that the officer could conduct the firearm
18registry check without undue burden on the execution of the
19officer’s other duties, that there are no exigent circumstances
20demanding immediate attention, and that the peace officer has
21access to, or can reasonably ascertain, relevant identifying
22information.

end insert
23

SEC. 2.  

If the Commission on State Mandates determines that
24this act contains costs mandated by the state, reimbursement to
25local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.



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