Amended in Assembly September 6, 2013

Amended in Assembly September 3, 2013

Amended in Assembly August 21, 2013

Amended in Assembly June 27, 2013

Amended in Senate May 7, 2013

Amended in Senate April 3, 2013

Amended in Senate April 1, 2013

Senate BillNo. 755


Introduced by Senator Wolk

(Principal coauthor: Assembly Member Alejo)

(Coauthors: Senators De León, DeSaulnier, Hancock, and Yee)

February 22, 2013


An act to amend Sections 29805 and 30305 of the Penal Code, and to amend Section 8103 of the Welfare and Institutions Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 755, as amended, Wolk. Firearms: prohibited persons.

(1) Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess, or have under his or her custody or control, any firearm. Under existing law, a violation of this prohibition is punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding $1,000, or by both that imprisonment and fine. Existing law makes it a misdemeanor or a felony for a person who is prohibited from owning or possessing a firearm pursuant to these provisions to own, possess, or have under custody or control, any ammunition or reloaded ammunition.

This bill would add to the list of misdemeanors, the conviction for which is subject to those prohibitions, misdemeanor offenses of violating the 10 year prohibition on possessing a firearm specified above.

The bill would also apply the above 10-year prohibition to a person who has been convicted of 2 or more specified misdemeanors, or 2 or more convictions of a single specified misdemeanor, in a 3-year period involving intoxication or possession of certain controlled substances for sale and would make a violation punishable as an infraction. The bill would impose a new 10-year prohibition to a person who commits another of those misdemeanors during the initial 10-year prohibition period, and would make a violation punishable as an infraction. The bill would also make it an infraction for a person prohibited from owning or possessing a firearm pursuant to these provisions to own, possess, or have under his or her custody or control, any ammunition or reloaded ammunition. By changing the definition of a crime, and by creating new crimes, this bill would impose a state-mandated local program.

(2) Existing law prohibits certain specified individuals, including a person who has been adjudicated a danger to others as a result of a mental disorder or mental illness, a person who has been adjudicated a mentally disordered sex offender, a person who has been found not guilty by reason of insanity, or a person who has been placed under conservatorship by a court, among others, from possessing firearms or deadly weapons.

Existing law authorizes a court to order a person to obtain assisted outpatient treatment if certain criteria are met, including that the person is suffering from a mental illness and is unlikely to survive safely in the community without supervision.

This bill would prohibit a person who has been ordered by a court to obtain assisted outpatient treatment from purchasing or possessing any firearm or other deadly weapon while subject to assisted outpatient treatment. The bill would require the court to notify the Department of Justice of the order prohibiting the person from possessing a firearm or other deadly weapon within 2 days of the order, and to notify the Department of Justice when the person is no longer subject to assisted outpatient treatment. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.

(3) Existing constitutional provisions require that a statute that limits the right of access to meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by that limitation and the need for protecting that interest.

This bill would make a legislative finding and declaration relating to the necessity of treating reports to the Department of Justice as confidential in order to protect the privacy of individuals ordered to obtain assisted outpatient treatment.

(4) This bill would incorporate changes to Section 8103 of the Welfare and Institutions Code proposed by AB 1131, that would become operative on the date this bill becomes operative only if AB 1131 and this bill are both chaptered and become effective on or before January 1, 2014, and this bill is chaptered last.

(5) 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 no reimbursement is required by this act for a specified reason.

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

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

P3    1

SECTION 1.  

The Legislature finds and declares that in order
2to protect the privacy of individuals ordered to obtain assisted
3outpatient treatment, it is necessary that reports made by a court
4to the Department of Justice pursuant to Section 3 of this act be
5confidential, except as provided in this act.

6

SEC. 2.  

Section 29805 of the Penal Code is amended to read:

7

29805.  

(a) Except as provided in Section 29855 or subdivision
8(a) of Section 29800, any person who has been convicted of a
9misdemeanor violation of this subdivision, Section 71, 76, 136.1,
10136.5, or 140, subdivision (d) of Section 148, Section 171b,
11paragraph (1) of subdivision (a) of Section 171c, Section 171d,
12Section 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5,
13246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or 830.95,
14subdivision (a) of former Section 12100, as that section read at
15any time from when it was enacted by Section 3 of Chapter 1386
16of the Statutes of 1988 to when it was repealed by Section 18 of
P4    1Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300,
225800, 30315, or 32625, subdivision (b) or (d) of Section 26100,
3or Section 27510, or Section 8100, 8101, or 8103 of the Welfare
4and Institutions Code, any firearm-related offense pursuant to
5Sections 871.5 and 1001.5 of the Welfare and Institutions Code,
6or of the conduct punished in subdivision (c) of Section 27590,
7and who, within 10 years of the conviction, owns, purchases,
8receives, or has in possession or under custody or control, any
9firearm is guilty of a public offense, which shall be punishable by
10imprisonment in a county jail not exceeding one year or in the
11state prison, by a fine not exceeding one thousand dollars ($1,000),
12or by both that imprisonment and fine.

13(b) Except as provided in Section 29855, any person who has
14been convicted of misdemeanor violations of two or more of any
15of the following offenses, or two or more misdemeanor violations
16of any one of the following offenses, within a three-year period
17and who, within 10 years of the second conviction, owns,
18purchases, receives, or has in possession or under custody or
19control, any firearm is guilty of an infraction, punishable by a fine
20not exceeding two hundred fifty dollars ($250).

21(1) Possession of a controlled substance with intent to sell in
22violation of Section 11357.5 of the Health and Safety Code.

23(2) Possession of a controlled substance with intent to sell in
24violation of paragraph (1) of subdivision (b) of Section 11375 of
25the Health and Safety Code.

26(3) Possession of a controlled substance with intent to sell in
27violation of Section 11379.2 of the Health and Safety Code.

28(4) Section 11550 of the Health and Safety Code.

29(5) Section 191.5.

30(6) Subdivision (f) of Section 647.

31(7) Section 23152 of the Vehicle Code.

32(8) Section 23153 of the Vehicle Code.

33(9) Section 23154 of the Vehicle Code.

34(c) Except as provided in Section 29855, any person who is
35prohibited pursuant to subdivision (b) from owning, purchasing,
36receiving, or having in his or her custody or control any firearm,
37who is subsequently convicted of a misdemeanor violation of any
38offense specified in paragraphs (1) to (9), inclusive, of subdivision
39(b) during the prohibitory period specified in subdivision (b), and
40who, within 10 years of the subsequent conviction, owns,
P5    1purchases, receives, or has in possession or under custody or
2control any firearm is guilty of an infraction, punishable by a fine
3not exceeding two hundred fifty dollars ($250).

4(d) The court, on forms prescribed by the Department of Justice,
5shall notify the department of persons subject to this section.
6However, the prohibition in this section may be reduced,
7eliminated, or conditioned as provided in Section 29855 or 29860.

8

SEC. 3.  

Section 30305 of the Penal Code is amended to read:

9

30305.  

(a) (1) No person prohibited from owning or
10possessing a firearm under Chapter 2 (commencing with Section
1129800) or Chapter 3 (commencing with Section 29900) of Division
129 of this title, or Section 8100 or 8103 of the Welfare and
13Institutions Code, shall own, possess, or have under custody or
14control, any ammunition or reloaded ammunition.

15(2) (A) Except as provided in subparagraph (B), a violation of
16this subdivision is punishable by imprisonment in a county jail not
17to exceed one year or in the state prison, by a fine not to exceed
18one thousand dollars ($1,000), or by both the fine and
19imprisonment.

20(B) If the person is prohibited from owning or possessing a
21firearm pursuant to subdivision (b) or (c) of Section 29805, a
22violation of this subdivision is an infraction, punishable by a fine
23not exceeding two hundred fifty dollars ($250).

24(b) (1) A person who is not prohibited by subdivision (a) from
25owning, possessing, or having under the person’s custody or
26control, any ammunition or reloaded ammunition, but who is
27enjoined from engaging in activity pursuant to an injunction issued
28pursuant to Section 3479 of the Civil Code against that person as
29a member of a criminal street gang, as defined in Section 186.22,
30may not own, possess, or have under the person’s custody or
31 control, any ammunition or reloaded ammunition.

32(2) A violation of this subdivision is a misdemeanor.

33(c) A violation of subdivision (a) or (b) is justifiable where all
34of the following conditions are met:

35(1) The person found the ammunition or reloaded ammunition
36or took the ammunition or reloaded ammunition from a person
37who was committing a crime against the person who found or took
38the ammunition or reloaded ammunition.

39(2) The person possessed the ammunition or reloaded
40ammunition no longer than was necessary to deliver or transport
P6    1the ammunition or reloaded ammunition to a law enforcement
2agency for that agency’s disposition according to law.

3(3) The person is prohibited from possessing any ammunition
4or reloaded ammunition solely because that person is prohibited
5from owning or possessing a firearm only by virtue of Chapter 2
6(commencing with Section 29800) of Division 9 or ammunition
7or reloaded ammunition because of subdivision (b).

8(d) Upon the trial for violating subdivision (a) or (b), the trier
9of fact shall determine whether the defendant is subject to the
10exemption created by subdivision (c). The defendant has the burden
11of proving by a preponderance of the evidence that the defendant
12is subject to the exemption provided by subdivision (c).

13

SEC. 4.  

Section 8103 of the Welfare and Institutions Code is
14amended to read:

15

8103.  

(a) (1) No person who after October 1, 1955, has been
16adjudicated by a court of any state to be a danger to others as a
17result of a mental disorder or mental illness, or who has been
18adjudicated to be a mentally disordered sex offender, shall purchase
19or receive, or attempt to purchase or receive, or have in his or her
20possession, custody, or control any firearm or any other deadly
21weapon unless there has been issued to the person a certificate by
22the court of adjudication upon release from treatment or at a later
23date stating that the person may possess a firearm or any other
24deadly weapon without endangering others, and the person has
25not, subsequent to the issuance of the certificate, again been
26adjudicated by a court to be a danger to others as a result of a
27mental disorder or mental illness.

28(2) The court shall immediately notify the Department of Justice
29of the court order finding the individual to be a person described
30in paragraph (1). The court shall also notify the Department of
31Justice of any certificate issued as described in paragraph (1).

32(b) (1) No person who has been found, pursuant to Section
331026 of the Penal Code or the law of any other state or the United
34States, not guilty by reason of insanity of murder, mayhem, a
35violation of Section 207, 209, or 209.5 of the Penal Code in which
36the victim suffers intentionally inflicted great bodily injury,
37carjacking or robbery in which the victim suffers great bodily
38injury, a violation of Section 451 or 452 of the Penal Code
39 involving a trailer coach, as defined in Section 635 of the Vehicle
40Code, or any dwelling house, a violation of paragraph (1) or (2)
P7    1of subdivision (a) of Section 262 or paragraph (2) or (3) of
2subdivision (a) of Section 261 of the Penal Code, a violation of
3Section 459 of the Penal Code in the first degree, assault with
4intent to commit murder, a violation of Section 220 of the Penal
5Code in which the victim suffers great bodily injury, a violation
6of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the
7Penal Code, or of a felony involving death, great bodily injury, or
8an act which poses a serious threat of bodily harm to another
9person, or a violation of the law of any other state or the United
10States that includes all the elements of any of the above felonies
11as defined under California law, shall purchase or receive, or
12attempt to purchase or receive, or have in his or her possession or
13under his or her custody or control any firearm or any other deadly
14weapon.

15(2) The court shall immediately notify the Department of Justice
16of the court order finding the person to be a person described in
17paragraph (1).

18(c) (1) No person who has been found, pursuant to Section 1026
19of the Penal Code or the law of any other state or the United States,
20not guilty by reason of insanity of any crime other than those
21described in subdivision (b) shall purchase or receive, or attempt
22to purchase or receive, or shall have in his or her possession,
23custody, or control any firearm or any other deadly weapon unless
24the court of commitment has found the person to have recovered
25sanity, pursuant to Section 1026.2 of the Penal Code or the law of
26any other state or the United States.

27(2) The court shall immediately notify the Department of Justice
28of the court order finding the person to be a person described in
29paragraph (1). The court shall also notify the Department of Justice
30when it finds that the person has recovered his or her sanity.

31(d) (1) No person found by a court to be mentally incompetent
32to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code
33or the law of any other state or the United States, shall purchase
34or receive, or attempt to purchase or receive, or shall have in his
35or her possession, custody, or control, any firearm or any other
36deadly weapon, unless there has been a finding with respect to the
37person of restoration to competence to stand trial by the committing
38court, pursuant to Section 1372 of the Penal Code or the law of
39any other state or the United States.

P8    1(2) The court shall immediately notify the Department of Justice
2of the court order finding the person to be mentally incompetent
3as described in paragraph (1). The court shall also notify the
4Department of Justice when it finds that the person has recovered
5his or her competence.

6(e) (1) No person who has been placed under conservatorship
7by a court, pursuant to Section 5350 or the law of any other state
8or the United States, because the person is gravely disabled as a
9result of a mental disorder or impairment by chronic alcoholism,
10shall purchase or receive, or attempt to purchase or receive, or
11shall have in his or her possession, custody, or control, any firearm
12or any other deadly weapon while under the conservatorship if, at
13the time the conservatorship was ordered or thereafter, the court
14which imposed the conservatorship found that possession of a
15firearm or any other deadly weapon by the person would present
16a danger to the safety of the person or to others. Upon placing any
17person under conservatorship, and prohibiting firearm or any other
18deadly weapon possession by the person, the court shall notify the
19person of this prohibition.

20(2) The court shall immediately notify the Department of Justice
21of the court order placing the person under conservatorship and
22prohibiting firearm or any other deadly weapon possession by the
23person as described in paragraph (1). The notice shall include the
24date the conservatorship was imposed and the date the
25conservatorship is to be terminated. If the conservatorship is
26subsequently terminated before the date listed in the notice to the
27Department of Justice or the court subsequently finds that
28possession of a firearm or any other deadly weapon by the person
29would no longer present a danger to the safety of the person or
30others, the court shall immediately notify the Department of Justice.

31(3) All information provided to the Department of Justice
32pursuant to paragraph (2) shall be kept confidential, separate, and
33apart from all other records maintained by the Department of
34Justice, and shall be used only to determine eligibility to purchase
35or possess firearms or other deadly weapons. Any person who
36knowingly furnishes that information for any other purpose is
37guilty of a misdemeanor. All the information concerning any person
38shall be destroyed upon receipt by the Department of Justice of
39notice of the termination of conservatorship as to that person
40pursuant to paragraph (2).

P9    1(f) (1) No person who has been (A) taken into custody as
2provided in Section 5150 because that person is a danger to himself,
3herself, or to others, (B) assessed within the meaning of Section
45151, and (C) admitted to a designated facility within the meaning
5of Sections 5151 and 5152 because that person is a danger to
6himself, herself, or others, shall own, possess, control, receive, or
7purchase, or attempt to own, possess, control, receive, or purchase
8any firearm for a period of five years after the person is released
9from the facility. A person described in the preceding sentence,
10however, may own, possess, control, receive, or purchase, or
11attempt to own, possess, control, receive, or purchase any firearm
12if the superior court has, pursuant to paragraph (5), found that the
13people of the State of California have not met their burden pursuant
14to paragraph (6).

15(2) (A) For each person subject to this subdivision, the facility
16shall immediately, on the date of admission, submit a report to the
17Department of Justice, on a form prescribed by the Department of
18Justice, containing information that includes, but is not limited to,
19the identity of the person and the legal grounds upon which the
20person was admitted to the facility.

21Any report submitted pursuant to this paragraph shall be
22confidential, except for purposes of the court proceedings described
23in this subdivision and for determining the eligibility of the person
24to own, possess, control, receive, or purchase a firearm.

25(B) Commencing July 1, 2012, facilities shall submit reports
26pursuant to this paragraph exclusively by electronic means, in a
27manner prescribed by the Department of Justice.

28(3) Prior to, or concurrent with, the discharge, the facility shall
29inform a person subject to this subdivision that he or she is
30prohibited from owning, possessing, controlling, receiving, or
31purchasing any firearm for a period of five years. Simultaneously,
32the facility shall inform the person that he or she may request a
33hearing from a court, as provided in this subdivision, for an order
34permitting the person to own, possess, control, receive, or purchase
35a firearm. The facility shall provide the person with a form for a
36request for a hearing. The Department of Justice shall prescribe
37the form. Where the person requests a hearing at the time of
38discharge, the facility shall forward the form to the superior court
39unless the person states that he or she will submit the form to the
40superior court.

P10   1(4) The Department of Justice shall provide the form upon
2request to any person described in paragraph (1). The Department
3of Justice shall also provide the form to the superior court in each
4county. A person described in paragraph (1) may make a single
5request for a hearing at any time during the five-year period. The
6request for hearing shall be made on the form prescribed by the
7department or in a document that includes equivalent language.

8(5) Any person who is subject to paragraph (1) who has
9requested a hearing from the superior court of his or her county
10of residence for an order that he or she may own, possess, control,
11receive, or purchase firearms shall be given a hearing. The clerk
12of the court shall set a hearing date and notify the person, the
13Department of Justice, and the district attorney. The people of the
14State of California shall be the plaintiff in the proceeding and shall
15be represented by the district attorney. Upon motion of the district
16attorney, or on its own motion, the superior court may transfer the
17hearing to the county in which the person resided at the time of
18his or her detention, the county in which the person was detained,
19or the county in which the person was evaluated or treated. Within
20seven days after the request for a hearing, the Department of Justice
21shall file copies of the reports described in this section with the
22superior court. The reports shall be disclosed upon request to the
23person and to the district attorney. The court shall set the hearing
24within 30 days of receipt of the request for a hearing. Upon
25showing good cause, the district attorney shall be entitled to a
26continuance not to exceed 14 days after the district attorney was
27notified of the hearing date by the clerk of the court. If additional
28 continuances are granted, the total length of time for continuances
29shall not exceed 60 days. The district attorney may notify the
30county mental health director of the hearing who shall provide
31information about the detention of the person that may be relevant
32to the court and shall file that information with the superior court.
33That information shall be disclosed to the person and to the district
34attorney. The court, upon motion of the person subject to paragraph
35(1) establishing that confidential information is likely to be
36discussed during the hearing that would cause harm to the person,
37shall conduct the hearing in camera with only the relevant parties
38present, unless the court finds that the public interest would be
39better served by conducting the hearing in public. Notwithstanding
40any other law, declarations, police reports, including criminal
P11   1history information, and any other material and relevant evidence
2that is not excluded under Section 352 of the Evidence Code shall
3be admissible at the hearing under this section.

4(6) The people shall bear the burden of showing by a
5preponderance of the evidence that the person would not be likely
6to use firearms in a safe and lawful manner.

7(7) If the court finds at the hearing set forth in paragraph (5)
8that the people have not met their burden as set forth in paragraph
9(6), the court shall order that the person shall not be subject to the
10five-year prohibition in this section on the ownership, control,
11receipt, possession, or purchase of firearms. A copy of the order
12shall be submitted to the Department of Justice. Upon receipt of
13the order, the Department of Justice shall delete any reference to
14the prohibition against firearms from the person’s state mental
15health firearms prohibition system information.

16(8) Where the district attorney declines or fails to go forward
17 in the hearing, the court shall order that the person shall not be
18subject to the five-year prohibition required by this subdivision
19on the ownership, control, receipt, possession, or purchase of
20firearms. A copy of the order shall be submitted to the Department
21of Justice. Upon receipt of the order, the Department of Justice
22shall, within 15 days, delete any reference to the prohibition against
23firearms from the person’s state mental health firearms prohibition
24system information.

25(9) Nothing in this subdivision shall prohibit the use of reports
26filed pursuant to this section to determine the eligibility of persons
27to own, possess, control, receive, or purchase a firearm if the person
28is the subject of a criminal investigation, a part of which involves
29the ownership, possession, control, receipt, or purchase of a
30firearm.

31(g) (1) No person who has been certified for intensive treatment
32under Section 5250, 5260, or 5270.15 shall own, possess, control,
33receive, or purchase, or attempt to own, possess, control, receive,
34or purchase, any firearm for a period of five years.

35Any person who meets the criteria contained in subdivision (e)
36or (f) who is released from intensive treatment shall nevertheless,
37if applicable, remain subject to the prohibition contained in
38subdivision (e) or (f).

39(2) (A) For each person certified for intensive treatment under
40paragraph (1), the facility shall immediately submit a report to the
P12   1Department of Justice, on a form prescribed by the department,
2containing information regarding the person, including, but not
3limited to, the legal identity of the person and the legal grounds
4upon which the person was certified. Any report submitted pursuant
5to this paragraph shall only be used for the purposes specified in
6paragraph (2) of subdivision (f).

7(B) Commencing July 1, 2012, facilities shall submit reports
8pursuant to this paragraph exclusively by electronic means, in a
9manner prescribed by the Department of Justice.

10(3) Prior to, or concurrent with, the discharge of each person
11certified for intensive treatment under paragraph (1), the facility
12shall inform the person of that information specified in paragraph
13(3) of subdivision (f).

14(4) Any person who is subject to paragraph (1) may petition the
15superior court of his or her county of residence for an order that
16he or she may own, possess, control, receive, or purchase firearms.
17At the time the petition is filed, the clerk of the court shall set a
18hearing date and notify the person, the Department of Justice, and
19the district attorney. The people of the State of California shall be
20the respondent in the proceeding and shall be represented by the
21district attorney. Upon motion of the district attorney, or on its
22own motion, the superior court may transfer the petition to the
23county in which the person resided at the time of his or her
24detention, the county in which the person was detained, or the
25county in which the person was evaluated or treated. Within seven
26days after receiving notice of the petition, the Department of Justice
27shall file copies of the reports described in this section with the
28superior court. The reports shall be disclosed upon request to the
29person and to the district attorney. The district attorney shall be
30entitled to a continuance of the hearing to a date of not less than
3114 days after the district attorney was notified of the hearing date
32by the clerk of the court. The district attorney may notify the county
33mental health director of the petition, and the county mental health
34director shall provide information about the detention of the person
35that may be relevant to the court and shall file that information
36with the superior court. That information shall be disclosed to the
37person and to the district attorney. The court, upon motion of the
38person subject to paragraph (1) establishing that confidential
39information is likely to be discussed during the hearing that would
40cause harm to the person, shall conduct the hearing in camera with
P13   1only the relevant parties present, unless the court finds that the
2public interest would be better served by conducting the hearing
3in public. Notwithstanding any other provision of law, any
4declaration, police reports, including criminal history information,
5and any other material and relevant evidence that is not excluded
6under Section 352 of the Evidence Code, shall be admissible at
7the hearing under this section. If the court finds by a preponderance
8of the evidence that the person would be likely to use firearms in
9a safe and lawful manner, the court may order that the person may
10own, control, receive, possess, or purchase firearms. A copy of
11the order shall be submitted to the Department of Justice. Upon
12receipt of the order, the Department of Justice shall delete any
13reference to the prohibition against firearms from the person’s
14state mental health firearms prohibition system information.

15(h) For all persons identified in subdivisions (f) and (g), facilities
16shall report to the Department of Justice as specified in those
17subdivisions, except facilities shall not report persons under
18subdivision (g) if the same persons previously have been reported
19under subdivision (f).

20Additionally, all facilities shall report to the Department of
21Justice upon the discharge of persons from whom reports have
22been submitted pursuant to subdivision (f) or (g). However, a report
23shall not be filed for persons who are discharged within 31 days
24after the date of admission.

25(i) (1) No person who has been ordered by a court to obtain
26assisted outpatient treatment pursuant to Article 9 (commencing
27with Section 5345) of Chapter 2 of Part 1 of Division 5 shall
28purchase or receive, or attempt to purchase or receive, or shall
29have in his or her possession, custody, or control, any firearm or
30any other deadly weapon while subject to assisted outpatient
31treatment. Upon placing any person under assisted outpatient
32treatment, the court shall notify the person of this prohibition.

33(2) The court shall notify the Department of Justice of the court
34order placing the person in assisted outpatient treatment and
35prohibiting firearm or any other deadly weapon possession by the
36person described in paragraph (1) within two days of the order.
37The court shall also notify the Department of Justice when the
38person subject to paragraph (1) is no longer subject to assisted
39outpatient treatment. Any report submitted pursuant to this
40paragraph shall be confidential, except for purposes of the court
P14   1proceedings specified in this subdivision and for purposes of
2determining the eligibility of the person to own, possess, control,
3receive, or purchase a firearm.

4(j) Every person who owns or possesses or has under his or her
5custody or control, or purchases or receives, or attempts to purchase
6or receive, any firearm or any other deadly weapon in violation of
7this section shall be punished by imprisonment pursuant to
8subdivision (h) of Section 1170 of the Penal Code or in a county
9jail for not more than one year.

10(k) “Deadly weapon,” as used in this section, has the meaning
11prescribed by Section 8100.

12

SEC. 4.5.  

Section 8103 of the Welfare and Institutions Code
13 is amended to read:

14

8103.  

(a) (1) No person who after October 1, 1955, has been
15adjudicated by a court of any state to be a danger to others as a
16result of a mental disorder or mental illness, or who has been
17adjudicated to be a mentally disordered sex offender, shall purchase
18or receive, or attempt to purchase or receive, or have in his or her
19possession, custody, or control any firearm or any other deadly
20weapon unless there has been issued to the person a certificate by
21the court of adjudication upon release from treatment or at a later
22date stating that the person may possess a firearm or any other
23deadly weapon without endangering others, and the person has
24not, subsequent to the issuance of the certificate, again been
25adjudicated by a court to be a danger to others as a result of a
26mental disorder or mental illness.

27(2) The court shallbegin delete immediatelyend delete notify the Department of Justice
28of the court order finding the individual to be a person described
29in paragraph (1)begin insert as soon as possible, but not later than two court
30days after issuing the orderend insert
. The court shall also immediately
31notify the Department of Justice of any certificate issued as
32described in paragraph (1)begin insert end insertbegin insertas soon as possible, but not later than
33two court days after issuing the certificateend insert
.

34(b) (1) No person who has been found, pursuant to Section
351026 of the Penal Code or the law of any other state or the United
36States, not guilty by reason of insanity of murder, mayhem, a
37violation of Section 207, 209, or 209.5 of the Penal Code in which
38the victim suffers intentionally inflicted great bodily injury,
39carjacking or robbery in which the victim suffers great bodily
40injury, a violation of Section 451 or 452 of the Penal Code
P15   1involving a trailer coach, as defined in Section 635 of the Vehicle
2Code, or any dwelling house, a violation of paragraph (1) or (2)
3of subdivision (a) of Section 262 or paragraph (2) or (3) of
4subdivision (a) of Section 261 of the Penal Code, a violation of
5Section 459 of the Penal Code in the first degree, assault with
6intent to commit murder, a violation of Section 220 of the Penal
7Code in which the victim suffers great bodily injury, a violation
8of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the
9Penal Code, or of a felony involving death, great bodily injury, or
10an act which poses a serious threat of bodily harm to another
11person, or a violation of the law of any other state or the United
12States that includes all the elements of any of the above felonies
13as defined under California law, shall purchase or receive, or
14attempt to purchase or receive, or have in his or her possession or
15under his or her custody or control any firearm or any other deadly
16weapon.

17(2) The court shallbegin delete immediatelyend delete notify the Department of Justice
18of the court order finding the person to be a person described in
19paragraph (1) begin insertas soon as possible, but not later than two court
20days after issuing the orderend insert
.

21(c) (1) No person who has been found, pursuant to Section 1026
22of the Penal Code or the law of any other state or the United States,
23not guilty by reason of insanity of any crime other than those
24described in subdivision (b) shall purchase or receive, or attempt
25to purchase or receive, or shall have in his or her possession,
26custody, or control any firearm or any other deadly weapon unless
27the court of commitment has found the person to have recovered
28sanity, pursuant to Section 1026.2 of the Penal Code or the law of
29any other state or the United States.

30(2) The court shallbegin delete immediatelyend delete notify the Department of Justice
31of the court order finding the person to be a person described in
32paragraph (1)begin insert end insertbegin insertas soon as possible, but not later than two court
33days after issuing the orderend insert
. The court shall also notify the
34Department of Justice when it finds that the person has recovered
35his or her sanitybegin insert end insertbegin insertas soon as possible, but not later than two court
36days after making the findingend insert
.

37(d) (1) No person found by a court to be mentally incompetent
38to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code
39or the law of any other state or the United States, shall purchase
40or receive, or attempt to purchase or receive, or shall have in his
P16   1or her possession, custody, or control, any firearm or any other
2deadly weapon, unless there has been a finding with respect to the
3person of restoration to competence to stand trial by the committing
4court, pursuant to Section 1372 of the Penal Code or the law of
5any other state or the United States.

6(2) The court shallbegin delete immediatelyend delete notify the Department of Justice
7of the court order finding the person to be mentally incompetent
8as described in paragraph (1)begin insert end insertbegin insertas soon as possible, but not later
9than two court days after issuing the orderend insert
. The court shall also
10notify the Department of Justice when it finds that the person has
11recovered his or her competencebegin insert end insertbegin insertas soon as possible, but not later
12than two court days after making the findingend insert
.

13(e) (1) No person who has been placed under conservatorship
14by a court, pursuant to Section 5350 or the law of any other state
15or the United States, because the person is gravely disabled as a
16result of a mental disorder or impairment by chronic alcoholism,
17shall purchase or receive, or attempt to purchase or receive, or
18shall have in his or her possession, custody, or control, any firearm
19or any other deadly weapon while under the conservatorship if, at
20the time the conservatorship was ordered or thereafter, the court
21which imposed the conservatorship found that possession of a
22firearm or any other deadly weapon by the person would present
23a danger to the safety of the person or to others. Upon placing any
24person under conservatorship, and prohibiting firearm or any other
25deadly weapon possession by the person, the court shall notify the
26person of this prohibition.

27(2) The court shallbegin delete immediatelyend delete notify the Department of Justice
28of the court order placing the person under conservatorship and
29prohibiting firearm or any other deadly weapon possession by the
30person as described in paragraph (1)begin insert end insertbegin insertas soon as possible, but not
31later than two court days after placing the person under
32conservatorshipend insert
. The notice shall include the date the
33conservatorship was imposed and the date the conservatorship is
34to be terminated. If the conservatorship is subsequently terminated
35before the date listed in the notice to the Department of Justice or
36the court subsequently finds that possession of a firearm or any
37other deadly weapon by the person would no longer present a
38danger to the safety of the person or others, the court shall
39begin delete immediatelyend delete notify the Department of Justicebegin insert end insertbegin insertas soon as possible,
P17   1but not later than two court days after terminating the
2conservatorshipend insert
.

3(3) All information provided to the Department of Justice
4pursuant to paragraph (2) shall be kept confidential, separate, and
5apart from all other records maintained by the Department of
6Justice, and shall be used only to determine eligibility to purchase
7or possess firearms or other deadly weapons. Any person who
8knowingly furnishes that information for any other purpose is
9guilty of a misdemeanor. All the information concerning any person
10shall be destroyed upon receipt by the Department of Justice of
11notice of the termination of conservatorship as to that person
12pursuant to paragraph (2).

13(f) (1) No person who has been (A) taken into custody as
14provided in Section 5150 because that person is a danger to himself,
15herself, or to others, (B) assessed within the meaning of Section
165151, and (C) admitted to a designated facility within the meaning
17of Sections 5151 and 5152 because that person is a danger to
18himself, herself, or others, shall own, possess, control, receive, or
19purchase, or attempt to own, possess, control, receive, or purchase
20any firearm for a period of five years after the person is released
21from the facility. A person described in the preceding sentence,
22however, may own, possess, control, receive, or purchase, or
23attempt to own, possess, control, receive, or purchase any firearm
24if the superior court has, pursuant to paragraph (5), found that the
25people of the State of California have not met their burden pursuant
26to paragraph (6).

27(2) (A) For each person subject to this subdivision, the facility
28shallbegin delete immediately, on the dateend deletebegin insert, within 24 hours of the timeend insert of
29admission, submit a report to the Department of Justice, on a form
30prescribed by the Department of Justice, containing information
31that includes, but is not limited to, the identity of the person and
32the legal grounds upon which the person was admitted to the
33facility.

34Any report submitted pursuant to this paragraph shall be
35confidential, except for purposes of the court proceedings described
36in this subdivision and for determining the eligibility of the person
37to own, possess, control, receive, or purchase a firearm.

38(B) Commencing July 1, 2012, facilities shall submit reports
39pursuant to this paragraph exclusively by electronic means, in a
40manner prescribed by the Department of Justice.

P18   1(3) Prior to, or concurrent with, the discharge, the facility shall
2inform a person subject to this subdivision that he or she is
3prohibited from owning, possessing, controlling, receiving, or
4purchasing any firearm for a period of five years. Simultaneously,
5the facility shall inform the person that he or she may request a
6hearing from a court, as provided in this subdivision, for an order
7permitting the person to own, possess, control, receive, or purchase
8a firearm. The facility shall provide the person with a form for a
9request for a hearing. The Department of Justice shall prescribe
10the form. Where the person requests a hearing at the time of
11discharge, the facility shall forward the form to the superior court
12unless the person states that he or she will submit the form to the
13superior court.

14(4) The Department of Justice shall provide the form upon
15request to any person described in paragraph (1). The Department
16of Justice shall also provide the form to the superior court in each
17county. A person described in paragraph (1) may make a single
18request for a hearing at any time during the five-year period. The
19request for hearing shall be made on the form prescribed by the
20department or in a document that includes equivalent language.

21(5) Any person who is subject to paragraph (1) who has
22requested a hearing from the superior court of his or her county
23of residence for an order that he or she may own, possess, control,
24receive, or purchase firearms shall be given a hearing. The clerk
25of the court shall set a hearing date and notify the person, the
26Department of Justice, and the district attorney. The people of the
27State of California shall be the plaintiff in the proceeding and shall
28be represented by the district attorney. Upon motion of the district
29attorney, or on its own motion, the superior court may transfer the
30hearing to the county in which the person resided at the time of
31his or her detention, the county in which the person was detained,
32or the county in which the person was evaluated or treated. Within
33seven days after the request for a hearing, the Department of Justice
34shall file copies of the reports described in this section with the
35superior court. The reports shall be disclosed upon request to the
36person and to the district attorney. The court shall set the hearing
37within 30 days of receipt of the request for a hearing. Upon
38showing good cause, the district attorney shall be entitled to a
39continuance not to exceed 14 days after the district attorney was
40notified of the hearing date by the clerk of the court. If additional
P19   1continuances are granted, the total length of time for continuances
2shall not exceed 60 days. The district attorney may notify the
3county mental health director of the hearing who shall provide
4information about the detention of the person that may be relevant
5to the court and shall file that information with the superior court.
6That information shall be disclosed to the person and to the district
7attorney. The court, upon motion of the person subject to paragraph
8(1) establishing that confidential information is likely to be
9discussed during the hearing that would cause harm to the person,
10shall conduct the hearing in camera with only the relevant parties
11present, unless the court finds that the public interest would be
12better served by conducting the hearing in public. Notwithstanding
13any other law, declarations, police reports, including criminal
14history information, and any other material and relevant evidence
15that is not excluded under Section 352 of the Evidence Code shall
16be admissible at the hearing under this section.

17(6) The people shall bear the burden of showing by a
18preponderance of the evidence that the person would not be likely
19to use firearms in a safe and lawful manner.

20(7) If the court finds at the hearing set forth in paragraph (5)
21that the people have not met their burden as set forth in paragraph
22(6), the court shall order that the person shall not be subject to the
23five-year prohibition in this section on the ownership, control,
24receipt, possession, or purchase of firearms, and that person shall
25comply with the procedure described in Chapter 2 (commencing
26with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal
27Code for the return of any firearms. A copy of the order shall be
28submitted to the Department of Justice. Upon receipt of the order,
29the Department of Justice shall delete any reference to the
30prohibition against firearms from the person’s state mental health
31firearms prohibition system information.

32(8) Where the district attorney declines or fails to go forward
33in the hearing, the court shall order that the person shall not be
34subject to the five-year prohibition required by this subdivision
35on the ownership, control, receipt, possession, or purchase of
36firearms. A copy of the order shall be submitted to the Department
37of Justice. Upon receipt of the order, the Department of Justice
38shall, within 15 days, delete any reference to the prohibition against
39firearms from the person’s state mental health firearms prohibition
40system information, and that person shall comply with the
P20   1procedure described in Chapter 2 (commencing with Section
233850) of Division 11 of Title 4 of Part 6 of the Penal Code for
3the return of any firearms.

4(9) Nothing in this subdivision shall prohibit the use of reports
5filed pursuant to this section to determine the eligibility of persons
6to own, possess, control, receive, or purchase a firearm if the person
7is the subject of a criminal investigation, a part of which involves
8the ownership, possession, control, receipt, or purchase of a
9firearm.

10(g) (1) No person who has been certified for intensive treatment
11under Section 5250, 5260, or 5270.15 shall own, possess, control,
12receive, or purchase, or attempt to own, possess, control, receive,
13or purchase, any firearm for a period of five years.

14Any person who meets the criteria contained in subdivision (e)
15or (f) who is released from intensive treatment shall nevertheless,
16if applicable, remain subject to the prohibition contained in
17subdivision (e) or (f).

18(2) (A) For each person certified for intensive treatment under
19paragraph (1), the facility shallbegin delete immediatelyend deletebegin insert, within 24 hours of
20the certification,end insert
submit a report to the Department of Justice, on
21a form prescribed by the department, containing information
22regarding the person, including, but not limited to, the legal identity
23of the person and the legal grounds upon which the person was
24certified. Any report submitted pursuant to this paragraph shall
25only be used for the purposes specified in paragraph (2) of
26subdivision (f).

27(B) Commencing July 1, 2012, facilities shall submit reports
28pursuant to this paragraph exclusively by electronic means, in a
29manner prescribed by the Department of Justice.

30(3) Prior to, or concurrent with, the discharge of each person
31certified for intensive treatment under paragraph (1), the facility
32shall inform the person of that information specified in paragraph
33(3) of subdivision (f).

34(4) Any person who is subject to paragraph (1) may petition the
35superior court of his or her county of residence for an order that
36he or she may own, possess, control, receive, or purchase firearms.
37At the time the petition is filed, the clerk of the court shall set a
38hearing date and notify the person, the Department of Justice, and
39the district attorney. The people of the State of California shall be
40the respondent in the proceeding and shall be represented by the
P21   1district attorney. Upon motion of the district attorney, or on its
2own motion, the superior court may transfer the petition to the
3county in which the person resided at the time of his or her
4detention, the county in which the person was detained, or the
5county in which the person was evaluated or treated. Within seven
6days after receiving notice of the petition, the Department of Justice
7shall file copies of the reports described in this section with the
8superior court. The reports shall be disclosed upon request to the
9person and to the district attorney. The district attorney shall be
10entitled to a continuance of the hearing to a date of not less than
1114 days after the district attorney was notified of the hearing date
12by the clerk of the court. The district attorney may notify the county
13mental health director of the petition, and the county mental health
14director shall provide information about the detention of the person
15that may be relevant to the court and shall file that information
16with the superior court. That information shall be disclosed to the
17person and to the district attorney. The court, upon motion of the
18person subject to paragraph (1) establishing that confidential
19information is likely to be discussed during the hearing that would
20cause harm to the person, shall conduct the hearing in camera with
21only the relevant parties present, unless the court finds that the
22public interest would be better served by conducting the hearing
23in public. Notwithstanding any other provision of law, any
24declaration, police reports, including criminal history information,
25and any other material and relevant evidence that is not excluded
26under Section 352 of the Evidence Code, shall be admissible at
27the hearing under this section. If the court finds by a preponderance
28of the evidence that the person would be likely to use firearms in
29a safe and lawful manner, the court may order that the person may
30own, control, receive, possess, or purchase firearms, and that person
31shall comply with the procedure described in Chapter 2
32(commencing with Section 33850) of Division 11 of Title 4 of Part
336 of the Penal Code for the return of any firearms. A copy of the
34order shall be submitted to the Department of Justice. Upon receipt
35of the order, the Department of Justice shall delete any reference
36to the prohibition against firearms from the person’s state mental
37health firearms prohibition system information.

38(h) (1) For all persons identified in subdivisions (f) and (g),
39facilities shall report to the Department of Justice as specified in
40those subdivisions, except facilities shall not report persons under
P22   1subdivision (g) if the same persons previously have been reported
2under subdivision (f).

3(2) Additionally, all facilities shall report to the Department of
4Justice upon the discharge of persons from whom reports have
5been submitted pursuant to subdivision (f) or (g). However, a report
6shall not be filed for persons who are discharged within 31 days
7after the date of admission.

8(i) (1) No person who has been ordered by a court to obtain
9assisted outpatient treatment pursuant to Article 9 (commencing
10with Section 5345) of Chapter 2 of Part 1 of Division 5 shall
11purchase or receive, or attempt to purchase or receive, or shall
12have in his or her possession, custody, or control, any firearm or
13any other deadly weapon while subject to assisted outpatient
14treatment. Upon placing any person under assisted outpatient
15treatment, the court shall notify the person of this prohibition.

16(2) The court shall notify the Department of Justice of the court
17order placing the person in assisted outpatient treatment and
18prohibiting firearm or any other deadly weapon possession by the
19person described in paragraph (1) within two days of the order.
20The court shall also notify the Department of Justice when the
21person subject to paragraph (1) is no longer subject to assisted
22outpatient treatment. Any report submitted pursuant to this
23paragraph shall be confidential, except for purposes of the court
24 proceedings specified in this subdivision and for purposes of
25determining the eligibility of the person to own, possess, control,
26receive, or purchase a firearm.

27(j) Every person who owns or possesses or has under his or her
28custody or control, or purchases or receives, or attempts to purchase
29or receive, any firearm or any other deadly weapon in violation of
30this section shall be punished by imprisonment pursuant to
31subdivision (h) of Section 1170 of the Penal Code or in a county
32jail for not more than one year.

33(k) “Deadly weapon,” as used in this section, has the meaning
34prescribed by Section 8100.

begin delete

35(l) For purposes of this section, “immediately” means a period
36of time not exceeding 24 hours.

end delete
begin delete

37(m)

end delete

38begin insert(l)end insert Any notice or report required to be submitted to the
39Department of Justice pursuant to this section shall be submitted
P23   1in an electronic format, in a manner prescribed by the Department
2of Justice.

3

SEC. 5.  

Section 4.5 of this bill incorporates amendments to
4Section 8103 of the Welfare and Institutions Code proposed by
5both this bill and Assembly Bill 1131. It shall only become
6operative if (1) both bills are enacted and become effective on or
7before January 1, 2014, (2) each bill amends Section 8103 of the
8Welfare and Institutions Code, and (3) this bill is enacted after
9Assembly Bill 1131, in which case Section 4 of this bill shall not
10become operative.

11

SEC. 6.  

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.



O

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