BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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                                 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  
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          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







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           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  







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          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

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