Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2607


Introduced by Assembly Member Ting

February 19, 2016


An actbegin delete relating to public safety.end deletebegin 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 deletePublic safety. end deletebegin insertFirearm restraining orders.end insert

begin insert

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.

end insert
begin 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
begin 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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 18150 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

18150.  

(a) (1) An immediate familybegin delete member of a personend delete
4begin insert member, an employer, a coworker, a mental health worker who
5has seen the person as a patient in the prior six months, an
6employee of a secondary or postsecondary school that the person
7has attended in the last six months,end insert
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.

3(2) For purposes of this subdivision, “immediate family
4member” has the same meaning as in paragraph (3) of subdivision
5(b) of Section 422.4.

begin insert

6(3) Nothing in this chapter shall be construed to require a
7person described in paragraph (1) to seek a gun violence
8restraining order.

end insert

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 denied
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.

35begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 18170 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

36

18170.  

(a) begin insert(1)end insertbegin insertend insertAn immediate familybegin delete member of a personend delete
37begin insert member, an employer, a coworker, a mental health worker who
38has seen the person as a patient in the prior six months, an
39employee of a secondary or postsecondary school that the person
40has attended in the last six months,end insert
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
5one year.

begin insert

6(2) Nothing in this chapter shall be construed to require a
7person described in paragraph (1) to seek a gun violence
8restraining order.

end insert

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.

12begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 18190 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

13

18190.  

(a) (1) An immediate family member of a restrained
14begin delete personend deletebegin insert person, an employer, a coworker, a mental health worker
15who has seen the person as a patient in the prior six months, an
16employee of a secondary or postsecondary school that the person
17has attended in the last six months,end insert
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
20restraining order.

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.

begin insert

24(3) Nothing in this chapter shall be construed to require a
25person described in paragraph (1) to seek a gun violence
26restraining order.

end insert

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.

begin delete
12

SECTION 1.  

It is the intent of the Legislature to enact
13legislation that would ensure that California’s public safety system
14is fair and just.

end delete


O

    98