BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 2052| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 2052 Author: Schiff (D) Amended: 5/9/00 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 6-0, 5/2/00 AYES: Vasconcellos, Burton, Johnston, McPherson, Polanco, Rainey SUBJECT : Firearms and deadly weapons: seizure by law enforcement SOURCE : City of Burbank DIGEST : This bill (1) increases from ten days to 30 days the time within which the police must file a petition for a court hearing to determine if a firearm or other deadly weapon seized in a domestic violence incident should not be returned to the owner, and (2) allows for an extension of the time within which the police must file a petition for a court hearing to determine if a firearm or other deadly weapon seized from a person detained for investigation of his or her mental status should be returned. ANALYSIS : Domestic Violence Incidents Existing law provides that a peace officer "who is at the scene of a domestic violence incident involving a threat to human life or a physical assault, shall take temporary CONTINUED SB 2052 Page 2 custody of any firearm or deadly weapon in plain sight or discovered pursuant to a consensual search as necessary for the protection of the?officer or other person?" Existing law provides that the peace officer shall give the weapon owner a receipt and instructions as to recovery of the weapon. Existing law provides that where the weapon is not held for evidence in a criminal matter, or where was possessed illegally, the firearm shall be made available for the owner between 48 hours and 72 hours after seizure. Existing law provides that where the law enforcement agency believes that return of the firearm would be likely to endanger the victim or person reporting the underlying incident, the following procedures shall occur: 1.The agency must, within ten days, notify the owner and initiate a court petition to determine if the weapon should not be returned to the owner. 2.The agency must inform the owner that he or she has 30 days to confirm his or her desire for a hearing to consent forfeiture of the weapon. 3.Hearing must be held within 30 days upon the request of the owner. 4.The weapon shall be returned to the owner unless the agency shows by clear and convincing evidence that return of the weapon would endanger the victim or reporting party of the domestic violence incident. This bill extends the time in which the law enforcement agency must file a petition to prohibit return of the weapon from ten days to 30 days. The law enforcement agency may take an ex parte application stating good cause for an order extending the time to file a petition. Including any extension of time granted in response to an ex parte request, a petition must be filed within 60 days of the date of seizure of the firearm. Detention for Mental Examination SB 2052 Page 3 Existing law provides that where any person is detained for examination of his or her mental condition, or who has been admitted for observation or treatment as dangerous to self or others, or who has communicated to a therapist a threat to harm others, or who has been found not guilty of many offenses by reason of insanity, and that person has a deadly weapon (including a firearm) in his or her possession, the peace officer shall take temporary custody of the weapon. Existing law provides that the officer must inform the detained person of the procedures for return of the person's weapon. Existing law provides that upon release from treatment of a person detained for examination of his or her mental condition, the law enforcement agency shall have 30 days to petition the superior court for a hearing to determine whether return of the weapon would endanger the person or others. 1.The health facility must notify the law enforcement agency of the release of the person; and the facility must notify the person of the procedure for return of the weapon. 2.The agency must inform the owner that he or she has 30 days to confirm his or her desire for a hearing to contest forfeiture of the weapon. 3.The weapon shall be returned to the owner unless agency shows by clear and convincing evidence that return of the weapon would endanger the victim or reporting party of the domestic violence incident. This bill allows for an extension of time that within which the law enforcement agency must file a petition to prohibit return of the weapon, and to notify the person of the petition by providing that the law enforcement agency may make an ex parte application stating good cause for an order extending the time to file a petition. Including any extension of time granted in response to an ex parte request, a petition must be filed within 60 days of the SB 2052 Page 4 release of the person from a health facility. If the law enforcement agency does not initiate proceedings within the 30-day period, or the period of time authorized by the court in an ex parte order, it shall make the weapon available for return. Prior Legislation SB 1587 (Scott), Chapter 587, Statutes of 1999. Passed the Senate with a vote of 40-0. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 5/9/00) City of Burbank (source) Burbank Chief of Police Burbank City Attorney City of San Gabriel Sacramento County Sheriff California State Sheriffs' Association Los Angeles County District Attorney California Police Chiefs Association California Peace Officers' Association RJG:cm 5/9/00 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****