BILL ANALYSIS
Appropriations Committee Fiscal Summary
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| |AB 1587 (Scott) |
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|Hearing Date: 8/23/99 |Amended: 8/18/99 |
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|Consultant: Lisa Matocq |Policy Vote: Pub Saf 6-0 |
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BILL SUMMARY: AB 1587, an urgency bill, (1) shifts the
burden of proof to the state in a hearing to determine
whether a person who has been held for observation as a
danger to himself/herself or others can safely possess a
firearm, as specified, (2) requires local entities
(primarily hospitals) to forward a form to the court if the
person requests a such a hearing, and (3) appropriates
$145,000 from the General Fund to Department of Justice
(DOJ) primarily for the purpose of reimbursing those
entities for the costs of providing the form, as specified.
Fiscal Impact (in thousands)
Major Provisions 1999-2000 2000-01 2001-02
Fund
Courts Minor, absorbable increased costs
General
DOJ $ 90* $ 130 $ 130
General
*$145 is appropriated in the bill.
STAFF COMMENTS: Under current law, a person who has been
taken into custody for a 72-hour hold as a danger to
himself/herself or others, but not required to undergo any
further treatment, may not own a firearm for 5 years unless
the person proves by a preponderance of the evidence in a
judicial hearing that he or she may safely possess a
firearm. Current law also requires facilities where
persons are held to submit a form to DOJ containing
information that includes, but is not limited to, the
identity of the person and the legal grounds upon which the
person was admitted to the facility. Among other things,
this bill shifts the burden of proof from the person to the
state. It also requires facilities to provide a form to
the superior court if the person requests a hearing, as
specified. According to the author's office, this bill
"addresses the constitutional infirmities cited by the
court in Dayacamos v. Department of Justice" (Sacramento
No. 96 CS 10471), in which the court found that the
existing law violated due process rights. The court
emphasized that the existing statute did not provide for
any meaningful notice or hearing prior to the deprivation
of the ability to possess?a firearm".
DOJ intends to reimburse private and public facilities (at
the rate of $2 per report) for the costs of submitting the
additional form. DOJ recently revised its costs estimates
for the first year, therefore STAFF RECOMMENDS that the
bill be amended to reduce the appropriation to $90,000, and
for technical reasons as follows: On page 6, line 16,
strike (4) and insert (5), and on line 18, strike (5) and
insert (6). On page 8, line 23, strike (4) and insert (5),
and on line 24, strike (5) and insert (6). DOJ
anticipates ongoing costs/reimbursements of $145,000
annually. The bill was not keyed a state-mandated local
program by Legislative Counsel presumably because the
reporting requirement is not unique to local governments
(since it applies to both private and public facilities)
and therefore would not otherwise be reimbursable as a
state mandate.