BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 505
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          SENATE THIRD READING
          SB 505 (Jackson)
          As Amended  August 18, 2014
          Majority vote 

           SENATE VOTE  :37-0  
           
           PUBLIC SAFETY       7-0         APPROPRIATIONS      15-2        
           
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          |Ayes:|Ammiano, Melendez,        |Ayes:|Gatto, Bigelow,           |
          |     |Jones-Sawyer, Quirk,      |     |Bocanegra, Bradford, Ian  |
          |     |Skinner, Stone, Waldron   |     |Calderon, Campos, Eggman, |
          |     |                          |     |Gomez, Holden, Jones,     |
          |     |                          |     |Linder, Pan, Quirk,       |
          |     |                          |     |Ridley-Thomas, Weber      |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Donnelly, Wagner          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires specified practices relative to "welfare  
          checks."  Specifically,  this bill  :

          1)Requires every law enforcement agency 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 dangerous to him  
            or herself or others.

          2)Requires the policies to encourage a peace officer, before  
            conducting a welfare check and whenever possible and  
            reasonable, to conduct a search of the Automated Firearms  
            System (AFS) to determine if a person is the registered owner  
            of a firearm.

          3)Defines "reasonable" to mean that the officer could conduct  
            the AFS check without undue burden on the execution of the  
            officer's other duties, that there are no exigent  
            circumstances demanding immediate attention, and that the  
            officer has access to, or can reasonably ascertain, relevant  
            identifying information.









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           EXISTING LAW  : 

          1)Requires the Commission on Peace Officer Standards and  
            Training (POST) to establish, by July 1, 2006, and keep  
            updated a continuing education classroom training course  
            relating to law enforcement interaction with mentally disabled  
            persons.  Requires the training course to be developed in  
            consultation with appropriate community, local, and state  
            organizations and agencies that have expertise in the area of  
            mental illness and developmental disability, and with  
            appropriate consumer and family advocate groups.  Requires  
            POST, in developing the course, to examine existing courses  
            certified by the commission that relate to mentally disabled  
            persons.  Requires POST to make the course available to law  
            enforcement agencies in California.

          2)Authorizes, upon probable cause, a peace officer or other  
            specified mental health treatment individuals to take, or  
            cause to be taken, a person into custody for a period of up to  
            72 hours for assessment, evaluation, and crisis intervention,  
            or placement for evaluation and treatment in a facility  
            designated and approved, as specified, when the person, as a  
            result of a mental health disorder, is a danger to himself,  
            herself, or others, or is gravely disabled.

          3)Requires that whenever a person, who has been detained or  
            apprehended for examination of his or her mental condition or  
            who is a person that is a danger to himself, herself, or  
            others as a result of a mental illness or disorder, is found  
            to own, have in his or her possession or under his or her  
            control, any firearm whatsoever, or any other deadly weapon,  
            the firearm or other deadly weapon be confiscated by any law  
            enforcement agency or peace officer, who shall retain custody  
            of the firearm or other deadly weapon. 

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, current law authorizes such AFS checks now, at the  
          discretion of the officer and department policy.  This bill  
          creates a reimbursable mandate that would allow law enforcement  
          entities to file state mandate claims for AFS searches in a  
          welfare check situation in which the subject is suspected of  
          being a danger to self or others.  AFS checks are generally  
          conducted via office or patrol car terminals, and take only a  
          few minutes.  But by making these checks mandatory, the state  








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          must pay for all such checks statewide. 

          Extrapolating from the number of service calls by the Los  
          Angeles (L.A.) Sheriff's Office that would likely fall under  
          this proposal, if L.A. City and County conducted 30 related  
          welfare checks per day total, spending an average of 15 minutes  
          obtaining identification and running it through California Law  
          Enforcement Telecommunications System (CLETS), the annual  
          mandated cost of the CLETS checks would be about $140,000.   
          Assuming L.A. City and County account for 33% of the state  
          mandate, the statewide cost would be in the range of $400,000.

           COMMENTS  :  According to the author, "If law enforcement would  
          have searched the state's gun database they would have known  
          that Elliot Rodger had purchased three handguns within the last  
          year and a half.  Although law enforcement would not have had  
          the legal authority to immediately seize Elliott Rodger's three  
          guns, had they known about them, a gun database search could  
          have provided additional information that might have helped them  
          better assess the situation.  Law enforcement could potentially  
          have requested that Rodger surrender the weapons or asked him  
          further questions that might have changed the direction of their  
          conversation with him. 

          "SB 505 will help ensure that peace officers have pertinent  
          information about gun ownership when conducting a well-being  
          check in those instances where the check is motivated by a  
          concern that the subject is potentially a danger to self or  
          others, providing law enforcement with more information with  
          which they can assess a potentially dangerous situation,  
          protecting not only public safety, but also the safety of  
          officers involved."

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


           Analysis Prepared by  :    Shaun Naidu / PUB. S. / (916) 319-3744 


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