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
SB 2052
Page 2
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
SB 2052
Page 3
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
SB 2052
Page 4
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