BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 2052
                                                                  Page  1

          Date of Hearing:   June 13, 2000
          Counsel:               Gregory Pagan


                        ASSEMBLY COMMITTEE ON PUBLIC SAFETY 
                               Carl Washington, Chair

                     SB 2052 (Schiff) - As Amended:  May 9, 2000


           SUMMARY  :  Extends the length of time that a law enforcement  
          agency would have to file a petition in the superior court to  
          determine if a firearm or a deadly weapon should be returned to  
          a person involved in a domestic violence incident or detained  
          for examination of his or her mental condition.  Specifically,  
           this bill  :  

          1)Provides that a law enforcement agency has 30 days after the  
            seizure of a deadly weapon or firearm from the scene of a  
            domestic violence incident in which to initiate a petition in  
            the superior court to determine if the return of the weapon  
            would likely endanger the victim or the person reporting the  
            crime.  Upon a showing of good cause, the period in which to  
            file a petition may be extended to 60 days.

          2)Provides that a law enforcement agency, may for good cause  
            extend from 30 to 60 days the time period in which to initiate  
            a petition in the superior court to determine if the return of  
            a confiscated weapon seized from a person detained for  
            examination of his or her mental condition would likely result  
            in endangering the person or others. 

           EXISTING LAW  :

          1)Requires peace officers at the scene of a domestic violence  
            incident involving a threat to human life or a physical  
            assault to take temporary custody of any firearm or other  
            deadly weapon in plain sight or discovered pursuant to a  
            consensual search as necessary for the protection of the peace  
            officer or other persons present.  (Penal Code Section  
            12028.5(b).)

          2)Requires that a firearm or other deadly weapon not retained  
            for use as evidence of a crime, or where it was not illegally  
            possessed, shall be made available to the owner between 48  








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            hours and 72 hours after the seizure.  (Penal Code Section  
            12028.5(b).)

          3)Provides that where the law enforcement agency has reasonable  
            cause to believe that the return of a firearm or other deadly  
            weapon would likely endanger the victim or person reporting  
            the underlying incident, the following procedure shall occur:

             a)The law enforcement agency must, within 10 days, notify the  
               owner and initiate a petition in the superior court to  
               determine if the weapon should be returned.

             b)The law enforcement agency must inform the owner of the  
               weapon that he or she has 30 days to confirm his or her  
               desire for a hearing to contest the forfeiture of the  
               weapon.

             c)Requires that the court set a hearing date within 30 days  
               of the receipt of the request for hearing.

             d)The weapon shall be returned to the owner unless the agency  
               shows by clear and convincing evidence that the return of  
               the weapon would endanger the victim or reporting party of  
               a domestic violence incident.  (Penal Code Sections  
               12028.5(f-h).)

          4)Provides that whenever a person has been detained for  
            examination of his or her mental condition, admitted for  
            observation or treatment as a danger to self or others, has  
            communicated a threat to a therapist to harm others, or has  
            been found not guilty by reason of insanity, and that person  
            has a deadly weapon or firearm in his or her possession, a  
            peace officer shall take temporary custody of that weapon.   
            (Welfare and Institutions Code Section 8102(a).)

          5)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 notify the owner and  
            petition the superior court for a hearing to determine whether  
            the return of the deadly weapon or firearm would likely result  
            in endangering the person or others.  (Welfare and  
            Institutions Code Section 8102(c).)  

           FISCAL EFFECT  : Unknown









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           COMMENTS  :

           1)Author's Statement  .  According to the author,  "Following the  
            seizure of a weapon at the scene of a domestic violence  
            incident, or from a person detained for examination of his or  
            her mental condition, law enforcement has 10 days from the  
            date of seizure (domestic violence), and 30 days from the date  
            of the person's release (mental evaluation) in which to file a  
            petition in the superior court to determine if the weapon  
            should be returned to its owner.  This bill extends the time  
            period, in which law enforcement must file the petition, up to  
            a maximum of 60 days.

          "Requiring law enforcement agencies to return weapons seized  
            within 10 days or 30 days, in the absence of a court hearing,  
            is an onerous burden for the agency.  Such a return may also  
            create a significant public danger.  Existing law is  
            unworkable in a busy police or sheriff's department.   
            Communication between mental health facilities and police  
            departments is poor to non-existent.  Many times, police are  
            required to return weapons to people who in the professional  
            judgment and experience of the officers continue to be a  
            danger to themselves or others.  Even if a petition can be  
            filed within the requisite 10- or 30-day period, the burden is  
            high.  Sometimes, officers are forced to subject themselves or  
            their departments to civil liability by holding weapons, in  
            spite of legal requirements, in order to safeguard the  
            community." 

           2)Comments  .  Existing law requires a peace officer at the scene  
            of a domestic violence incident to take into custody any  
            deadly weapon or firearm for the protection of the officer or  
            persons present.  The weapon must be returned to the owner  
            within 48 hours, unless the law enforcement agency has  
            reasonable cause to believe that return of the weapon would  
            endanger the victim or the person reporting the assault or  
            threat - in which case, the law enforcement agency has 10 days  
            in which to file a petition in the superior court to determine  
            if the weapon should be returned.  According to the sponsor of  
            the bill, the 10-day requirement places an undue burden on law  
            enforcement agencies.  This bill merely extends the period in  
            which a petition must be filed to 30 days; and upon a showing  
            of good cause that period may be extended to 60 days.

          Similarly, this bill allows upon a showing of good cause to  








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            extend the period from 30 days to 60 days in which a petition  
            must be filed to determine if a weapon seized from a person  
            detained for a mental health examination should be returned.    
              

           REGISTERED SUPPORT / OPPOSITION  :   

           Support  

          City of Burbank (Sponsor)
          California Peace Officers' Association
          California Police Chiefs' Association
          California State Sheriffs' Association
          Chief of Police of the City of San Gabriel
          Los Angeles County District Attorney's Office
          Sacramento County Sheriff's Department

           Opposition  

          None on File
           
          Analysis Prepared by  :  Gregory Pagan / PUB. S. / (916) 319-3744