BILL ANALYSIS AB 1587 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1587 (Scott) As Amended August 31, 1999 2/3 vote. Urgency ASSEMBLY: (June 1, 1999) SENATE: 40-0 (September 3, 1999) (vote not relevant) Original Committee Reference: ED. SUMMARY : Creates a judicial procedure to determine if a person who has been taken into custody and admitted for treatment because that person is a danger to themselves or others, may possess, own, control or purchase a firearm. The Senate amendments delete the Assembly version of this bill, and instead provide that: 1)A person who has been taken into custody and admitted for treatment because that person is a danger to themselves or others, may request, and shall be granted a hearing in the superior court to determine if the person shall be subject to a five-year prohibition on the ownership, possession or purchase of a firearm, and the district attorney must prove by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. 2)If the court at the hearing finds that the people have not met their burden, or the people fail to go forward at the hearing, then the court must order that the person not be subject to a five-year prohibition, and the Department of Justice shall delete references to the prohibition against firearms from the person's state mental health firearms prohibition system information. 3)Upon discharge from a designated facility, the facility shall provide the person with a form to request a hearing in the superior court, and that a single request for hearing may be made any time during the five-year period. 4)A person who has been certified for intensive treatment related to a mental disorder or chronic alcoholism may not possess or purchase a firearm for a period of five years, unless a court finds by a preponderance of the evidence that the person would be likely to use firearms in a safe and AB 1587 Page 2 lawful manner, and the court may so order. EXISTING LAW provides that: 1)Persons who, by reason of a mental disorder, are dangerous to others or to themselves, or who are gravely disabled may be involuntarily held for 72 hours, and then treated for 14 days, and 180 days following a judicial hearing. 2)A person who has been taken into custody for a 72 hour hold and admitted to a facility for treatment as a danger to themselves or others, may not own or possess a firearm for five years unless the person proves by a preponderance of the evidence at a judicial hearing that he or she is likely to use a firearm in a safe and lawful manner. 3)A person who has been certified for intensive treatment for a mental disorder related to chronic alcoholism may not own a firearm for five years unless he or she proves by a preponderance of the evidence at a judicial hearing that he or she is likely to use a firearm in a safe and lawful manner. AS PASSED BY THE ASSEMBLY , this bill created an urgency measure that established the school Emergency Response to Violent Events program. FISCAL EFFECT : Unknown COMMENTS : This bill was substantially amended in the Senate. The Assembly-approved provisions of this bill were deleted in the Senate. This bill, as amended in the Senate, is inconsistent with Assembly actions. Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0003453