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
                                                                  Page  2

            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








                                                                  SB 2052
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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