BILL ANALYSIS Ó
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THIRD READING
Bill No: SB 769
Author: Block (D)
Amended: 4/1/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/30/13
AYES: Hancock, Anderson, Block, De León, Knight, Liu, Steinberg
SUBJECT : Veterans: criminal defendants
SOURCE : San Diego District Attorney Bonnie Dumanis
DIGEST : This bill clarifies that when a case is dismissed
after probation under a provision for veterans who have suffered
service related mental health problems, the veteran still does
not have the right to carry a firearm.
ANALYSIS :
Existing law:
1. Provides that a person who has been convicted of a felony,
or who is addicted to the use of a narcotic drug, and who
owns, purchases, receives, or has in possession or under
custody or control any firearm is guilty of a felony.
2. Provides that dismissal of an accusation, information, or
conviction pursuant to Penal Code (PEN) Section 1170.9 does
not authorize a defendant to own, possess or have in his/her
custody or control any firearm or prevent his/her convictions
CONTINUED
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for being a felon owning, purchasing receiving or possessing
a firearm.
3. States that in the case of any person convicted of a
criminal offense who would otherwise be sentenced to county
jail or state prison and who alleges that he/she committed
the offense as a result of post-traumatic stress disorder
(PTSD), substance abuse, or psychological problems stemming
from service in a combat theater in the United States
military, the court shall, prior to sentencing, hold a
hearing to determine whether the defendant was a member of
the military forces of the U.S. who served in combat and
shall assess whether the defendant suffers from PTSD,
substance abuse, or psychological problems as a result of
that service. (PEN Section 1170.9, subd. (a))
4. Provides that the restorative relief provision shall apply
to cases in which a trial court or a court monitoring the
defendant's performance on probation finds at a public
hearing that the defendant meets the following eligibility
criteria:
He/she was granted probation, and at the time that
probation was granted had alleged the offense was
committed as a result sexual trauma, traumatic brain
injury, PTSD, substance abuse, or mental health problems
stemming from military service;
He/she is in substantial compliance with the
conditions of that probation;
He/she has successfully participated in court-ordered
treatment and services to address the sexual trauma,
traumatic brain injury, PTSD, substance abuse, or mental
health problems stemming from military service;
He/she does not represent a danger to the health and
safety of others; and
He/she has demonstrated significant benefit from
court-ordered education, treatment, or rehabilitation to
clearly show that granting restorative relief, as
specified, would be in the interests of justice. (PEN
Section 1170.9 (h)91))
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This bill provides that dismissal of an accusation, information,
or conviction pursuant to PEN Section 1170.9 does not authorize
a defendant to own, possess or have in his/her custody or
control any firearm or prevent his/her convictions for being a
felon owning, purchasing receiving or possessing a firearm.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 5/2/13)
San Diego District Attorney Bonnie Dumanis (source)
California District Attorneys Association
Los Angeles District Attorney
OPPOSITION : (Verified 5/2/13)
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : According to the author:
SB 769 clarifies a measure approved in 2012, AB 2371 [Butler,
Chapter 403] that authorized restorative relief to a veteran
defendant who acquires a criminal record due to a mental
disorder stemming from military service. SB 769 provides that
any restorative relief granted to a veteran by a court
pursuant to Section 1170.9 of the Penal Code will not
authorize the veteran to own, possess, or have a firearm in
his/her custody or control.
Although unintended, the law currently leaves open the
possibility that restorative relief granted to a veteran may
restore the veteran's legal right to own, possess, or have a
firearm, where the veteran's conviction would otherwise
prevent him/her from owning, possessing or having a firearm.
ARGUMENTS IN OPPOSITION : Taxpayers for Improving Public
Safety writes:
This bill would provide that a dismissal of an accusation,
information, or conviction, relating to a defendant who served
in the United States military, does not authorize that
defendant to own, possess, or have in his or her custody or
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control any firearm, or prevent his or her conviction for
being a felon or drug addict in possession of a firearm.
Although there is a definite need to restrict access to
weapons due to the increased prevalence of gun violence, the
purpose of a dismissal of an accusation, information or
conviction is provide an individual with the ability to be
placed in the same situation which existed prior to the arrest
which precipitated the criminal action based upon demonstrated
rehabilitation. If an individual has rehabilitated himself,
all of his rights, not just some of them, should be returned.
Due to Post Traumatic Shock Disease, too many veterans return
to "the world" unprepared for the change. However, once the
illness is identified and treatment completed, those who
successfully rehabilitate should be rewarded, not punished,
for that success. Although the legislation seeks to provide a
method for reducing gun violence, in this particular instance,
the Veteran should be given the benefit of the doubt. Those
who have served and suffered deserve special dispensation.
JG:k 5/3/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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