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