BILL ANALYSIS
SB 2052
Page 1
SENATE THIRD READING
SB 2052 (Schiff)
As Amended May 9, 2000
Majority vote
SENATE VOTE :38-0
PUBLIC SAFETY 7-0
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|Ayes:|Washington, Dickerson, | | |
| |Battin, Cedillo, | | |
| |Firebaugh, Keeley, Romero | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
SB 2052
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officer or other persons present.
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
hours and 72 hours after the seizure.
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.
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.
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.
FISCAL EFFECT : None
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COMMENTS : 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."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0005384