as amended, Ting.
begin deletePublic safety. end delete
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.end delete
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.end delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
(a) (1) An immediate family
begin delete member of a personend delete
4 or a law enforcement officer
8may file a petition requesting that the court issue an ex parte gun
9violence restraining order enjoining the subject of the petition from
P3 1having in his or her custody or control, owning, purchasing,
2possessing, or receiving a firearm or ammunition.
purposes of this subdivision, “immediate family
4member” has the same meaning as in paragraph (3) of subdivision
5(b) of Section 422.4.
9(b) A court may issue an ex parte gun violence restraining order
10if the petition, supported by an affidavit made in writing and signed
11by the petitioner under oath, or an oral statement taken pursuant
12to subdivision (a) of Section 18155, and any additional information
13provided to the court shows that there is a substantial likelihood
14that both of the following are true:
15(1) The subject of the petition poses a significant danger, in the
16near future, of causing personal injury to himself, herself, or
17another by having in his or her custody or control, owning,
18purchasing, possessing, or receiving a firearm as determined by
19considering the factors listed in Section 18155.
20(2) An ex parte gun violence restraining order is necessary to
21prevent personal injury to the subject of the petition or another
22because less restrictive alternatives either have been tried and
23found to be ineffective, or are inadequate or inappropriate for the
24circumstances of the subject of the petition.
25(c) An affidavit supporting a petition for the issuance of an ex
26parte gun violence restraining order shall set forth the facts tending
27to establish the grounds of the petition, or the reason for believing
28that they exist.
29(d) An ex parte order under this chapter shall be issued or
30on the same day that the petition is submitted to the court, unless
31the petition is filed too late in the day to permit effective review,
32in which case the order shall be issued or denied on the next day
33of judicial business in sufficient time for the order to be filed that
34day with the clerk of the court.
(a) An immediate family
begin delete member of a personend delete
37 or a law enforcement officer
P4 1may request that a court, after notice and a hearing, issue a gun
2violence restraining order enjoining the subject of the petition from
3having in his or her custody or control, owning, purchasing,
4possessing, or receiving a firearm or ammunition for a period of
9(b) For purposes of this subdivision, “immediate family
10member” has the same meaning as in paragraph (3) of subdivision
11(b) of Section 422.4.
(a) (1) An immediate family member of a restrained
begin delete personend delete or a law enforcement officer
18may request a renewal of a gun violence restraining order at any
19time within the three months before the expiration of a gun violence
21(2) For purposes of this subdivision, “immediate family
22member” has the same meaning as in paragraph (3) of subdivision
23(b) of Section 422.4.
27(b) A court may, after notice and a hearing, renew a gun violence
28restraining order issued under this chapter if the petitioner proves,
29by clear and convincing evidence, that paragraphs (1) and (2) of
30subdivision (b) of Section 18175 continue to be true.
31(c) In determining whether to renew a gun violence restraining
32order issued under this chapter, the court shall consider evidence
33of the facts identified in paragraph (1) of subdivision (b) of Section
3418155 and any other evidence of an increased risk for violence,
35including, but not limited to, evidence of any of the facts identified
36in paragraph (2) of subdivision (b) of Section 18155.
37(d) At the hearing, the petitioner shall have the burden of
38proving, by clear and convincing evidence, that paragraphs (1)
39and (2) of subdivision (b) of Section 18175 are true.
P5 1(e) If the renewal petition is supported by clear and convincing
2evidence, the court shall renew the gun violence restraining order
3issued under this chapter.
4(f) The renewal of a gun violence restraining order issued
5pursuant to this section shall have a duration of one year, subject
6to termination by further order of the court at a hearing held
7pursuant to Section 18185 and further renewal by further order of
8the court pursuant to this section.
9(g) A gun violence
restraining order renewed pursuant to this
10section shall include the information identified in subdivision (a)
11of Section 18180.
It is the intent of the Legislature to enact
13legislation that would ensure that California’s public safety system
14is fair and just.