Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2607

Introduced by Assembly Member Ting

February 19, 2016

An act begin delete relating to public safety. end delete begin insert to amend Sections 18150, 18170, and 18190 of the Penal Code, relating to firearms. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2607, as amended, Ting. begin delete Public safety. end delete begin insert Firearm restraining orders. end insert

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Existing law authorizes a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law requires the ex parte order to expire no later than 21 days after the date on the order. Existing law also authorizes a court to issue a gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law authorizes renewal of a gun violence restraining order within 3 months of the order’s expiration. Petitions for ex parte, one-year, and renewed gun violence restraining orders may be made by an immediate family member of the person or by a law enforcement officer.

end insert begin insert

This bill would also authorize an employer, a coworker, a mental health worker who has seen the person as a patient in the last 6 months, or an employee of a secondary or postsecondary school that the person has attended in the last 6 months to file a petition for an ex parte, one-year, or renewed gun violence restraining order. This bill would also specify that these provisions shall not be construed to require any of those persons to seek a gun violence restraining order.

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Existing law, as set forth in the Constitution of the United States and the California Constitution, establishes certain fundamental personal rights, including, among others, the right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches, the right to equal protection of the laws, the right to due process of law before being deprived of life, liberty, or property, the right to a trial by a jury, and the right of a defendant in a criminal case to a speedy public trial.

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This bill would express the intent of the Legislature to enact legislation that would ensure that California’s public safety system is fair and just.

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

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 18150 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

18150.  

(a) (1) An immediate family begin delete member of a person end delete
begin insert member, an employer, a coworker, a mental health worker who
has seen the person as a patient in the prior six months, an
employee of a secondary or postsecondary school that the person
has attended in the last six months, end insert or a law enforcement officer
may file a petition requesting that the court issue an ex parte gun
violence restraining order enjoining the subject of the petition from
having in his or her custody or control, owning, purchasing,
possessing, or receiving a firearm or ammunition.

(2) For purposes of this subdivision, “immediate family
member” has the same meaning as in paragraph (3) of subdivision
(b) of Section 422.4.

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(3) Nothing in this chapter shall be construed to require a
person described in paragraph (1) to seek a gun violence
restraining order.

end insert

(b) A court may issue an ex parte gun violence restraining order
if the petition, supported by an affidavit made in writing and signed
by the petitioner under oath, or an oral statement taken pursuant
to subdivision (a) of Section 18155, and any additional information
provided to the court shows that there is a substantial likelihood
that both of the following are true:

(1) The subject of the petition poses a significant danger, in the
near future, of causing personal injury to himself, herself, or
another by having in his or her custody or control, owning,
purchasing, possessing, or receiving a firearm as determined by
considering the factors listed in Section 18155.

(2) An ex parte gun violence restraining order is necessary to
prevent personal injury to the subject of the petition or another
because less restrictive alternatives either have been tried and
found to be ineffective, or are inadequate or inappropriate for the
circumstances of the subject of the petition.

(c) An affidavit supporting a petition for the issuance of an ex
parte gun violence restraining order shall set forth the facts tending
to establish the grounds of the petition, or the reason for believing
that they exist.

(d) An ex parte order under this chapter shall be issued or denied
on the same day that the petition is submitted to the court, unless
the petition is filed too late in the day to permit effective review,
in which case the order shall be issued or denied on the next day
of judicial business in sufficient time for the order to be filed that
day with the clerk of the court.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 18170 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

18170.  

(a)  begin insert (1) end insert begin insert   end insert An immediate family begin delete member of a person end delete
begin insert member, an employer, a coworker, a mental health worker who
has seen the person as a patient in the prior six months, an
employee of a secondary or postsecondary school that the person
has attended in the last six months, end insert or a law enforcement officer
may request that a court, after notice and a hearing, issue a gun
violence restraining order enjoining the subject of the petition from
having in his or her custody or control, owning, purchasing,
possessing, or receiving a firearm or ammunition for a period of
one year.

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(2) Nothing in this chapter shall be construed to require a
person described in paragraph (1) to seek a gun violence
restraining order.

end insert

(b) For purposes of this subdivision, “immediate family
member” has the same meaning as in paragraph (3) of subdivision
(b) of Section 422.4.

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begin insert SEC. 3. end insert   

end insert

begin insert Section 18190 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

18190.  

(a) (1) An immediate family member of a restrained
begin delete person end delete begin insert person, an employer, a coworker, a mental health worker
who has seen the person as a patient in the prior six months, an
employee of a secondary or postsecondary school that the person
has attended in the last six months, end insert or a law enforcement officer
may request a renewal of a gun violence restraining order at any
time within the three months before the expiration of a gun violence
restraining order.

(2) For purposes of this subdivision, “immediate family
member” has the same meaning as in paragraph (3) of subdivision
(b) of Section 422.4.

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(3) Nothing in this chapter shall be construed to require a
person described in paragraph (1) to seek a gun violence
restraining order.

end insert

(b) A court may, after notice and a hearing, renew a gun violence
restraining order issued under this chapter if the petitioner proves,
by clear and convincing evidence, that paragraphs (1) and (2) of
subdivision (b) of Section 18175 continue to be true.

(c) In determining whether to renew a gun violence restraining
order issued under this chapter, the court shall consider evidence
of the facts identified in paragraph (1) of subdivision (b) of Section
18155 and any other evidence of an increased risk for violence,
including, but not limited to, evidence of any of the facts identified
in paragraph (2) of subdivision (b) of Section 18155.

(d) At the hearing, the petitioner shall have the burden of
proving, by clear and convincing evidence, that paragraphs (1)
and (2) of subdivision (b) of Section 18175 are true.

(e) If the renewal petition is supported by clear and convincing
evidence, the court shall renew the gun violence restraining order
issued under this chapter.

(f) The renewal of a gun violence restraining order issued
pursuant to this section shall have a duration of one year, subject
to termination by further order of the court at a hearing held
pursuant to Section 18185 and further renewal by further order of
the court pursuant to this section.

(g) A gun violence restraining order renewed pursuant to this
section shall include the information identified in subdivision (a)
of Section 18180.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation that would ensure that California’s public safety system
is fair and just.

end delete