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 


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