BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 2052|
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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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