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