BILL ANALYSIS
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THIRD READING
Bill No: AB 1288
Author: Chu (D), et al
Amended: 7/12/05 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/14/05
AYES: Alquist, Poochigian, Cedillo, Margett, Migden,
Perata, Romero
SENATE APPROPRIATIONS COMMITTEE : 12-0, 8/25/05
AYES: Migden, Alarcon, Alquist, Ashburn, Battin, Dutton,
Escutia, Florez, Murray, Ortiz, Poochigian, Romero
NO VOTE RECORDED: Aanestad
ASSEMBLY FLOOR : 77-0, 5/16/05 (Passed on Consent) - See
last page for vote
SUBJECT : Domestic violence: firearms
SOURCE : Attorney Generals Office
DIGEST : This bill (1) requires courts in domestic
violence prosecutions to consider issuing a protective
order prohibiting a defendant from having a firearm upon a
good cause belief that harm to, or intimidation or
dissuasion of, a victim or witness has occurred or is
reasonably likely to occur" where the court has not issued
a stay-away order, and (2) authorizes specified officers to
inform persons who are protected by a domestic violence
protective order, or the victim of alleged domestic
CONTINUED
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violence when Department of Justice records indicate the
other person has a firearm, as specified.
ANALYSIS :
Protective Orders
Current law provides that upon a good cause belief that
harm to, or intimidation or dissuasion of, a victim or
witness has occurred or is reasonably likely to occur, any
court with jurisdiction over a criminal matter may issue an
order protecting victims of violent crime from contact,
with the intent to annoy, harass, threaten, or commit acts
of violence, by the defendant. [Section 136.2(g) of the
Penal Code]
Current law provides that a person subject to a protective
order issued under Section 136.2 of the Penal Code shall
not own, possess, purchase, receive, or attempt to purchase
or receive a firearm while the protective order is in
effect. The court shall order a person subject to a
protective order issued under this section to relinquish
any firearms he/she owns or possesses pursuant to Section
527.9 of the Code of Civil Procedure. Every person who
owns, possesses, purchases or receives, or attempts to
purchase or receive a firearm while the protective order is
in effect is punishable pursuant to Section 12021(g) of the
Penal Code. [Section 132.6(h) of the Penal Code]
Current law provides that in all cases where the defendant
is charged with a crime of domestic violence, the court
shall consider issuing an order described in Section 136.2
of the Penal Code on its own motion. [Section 136.2(i)(1)
of the Penal Code]
This bill provides that if a court does not issue a
protective order, as specified, in a case in which the
defendant is charged with a crime of domestic violence, the
court on its own motion would be authorized to consider
issuing a protective order upon a good cause belief that
harm to, or intimidation or dissuasion of, a victim or
witness has occurred or is reasonably likely to occur, that
provides as follows:
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1. The defendant shall not own, possess, purchase, receive,
or attempt to purchase or receive, a firearm while the
protective order is in effect.
2. The defendant shall relinquish any firearms that he/she
owns or possesses pursuant to Section 527.9 of the Code
of Civil Procedure.
This bill further provides that every person who owns,
possesses, purchases, receives, or attempts to purchase or
receive, a firearm while this protective order is in effect
is punishable pursuant to subdivision (g) of Section 12021.
Firearm Records
Current law requires the Department of Justice (DOJ) to
maintain a registry of all handguns sold by licensed
dealers in California including, but not limited to, the
buyer's name, address and other identifying information, as
well as the serial number of the weapon sold. Current law
authorizes disclosure of this information to specified
public officers "if needed in the course of their duties,"
as specified. [Section 11106(c) of the Penal Code]
Current law further requires DOJ to keep specified data in
"order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys (as
specified), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property." [Section
11106(a) of the Penal Code]
This bill provides that specified officers may disseminate
the name of the subject of the record, the number of the
firearms listed in the record, and the description of any
firearm, including the make, model, and caliber, from the
record relating to any firearms sale, transfer,
registration, or license record, or any information
reported to the Department of Justice if the following
conditions are met:
1. The subject of the record has been arraigned for a crime
in which the victim is a family member and is being
prosecuted or is serving a sentence for the crime, or
the subject of the record is the subject of an emergency
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protective order, a temporary restraining order, or an
order after hearing, which is in effect and has been
issued by a family court under the Domestic Violence
Protection Act.
2. The information is disseminated only to the victim of
the crime or to the person who has obtained the
emergency protective order, the temporary restraining
order, or the order after hearing issued by the family
court.
3. Whenever a law enforcement officer disseminates the
information, that officer or another officer assigned to
the case shall immediately provide the victim of the
crime with a "Victims of Domestic Violence" card.
This bill further provides that the "victim or person to
whom such information is disseminated may disclose it as he
or she deems necessary to protect himself or herself or
another person from bodily harm by the person who is the
subject of the record."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2005-06 2006-07 2007-08 Fund
"Wobbler" expansion Potentially in excess of
$150 annually General
State-mandated local Unknown, likely minor
costs General
program (information
about domestic violence
services)
Existing law provides that persons who own, possess,
purchase, attempt to purchase or receive a firearm while
under the protective order described in this bill are
guilty of a "wobbler," punishable by up to one year in a
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county jail or state prison, a fine of up to $1,000, or
both. The Department of Corrections and Rehabilitation
reports that three individuals were sentenced to state
prison for violations of protective order provisions
concerning firearm possession in 2003-04. It is unknown
how many additional protective order violations will arise
as a result of the court consideration language provided in
this bill, but if as few as five additional persons were
sentenced to prison, General Fund costs will exceed
$150,000 annually.
Reimbursable local costs associated with the provision of
domestic violence services information in cases where gun
ownership information is disseminated are unknown, but will
likely be minor. Court cost increases are likely minor as
well.
SUPPORT : (Verified 8/25/05)
Attorney General's Office (source)
California Alliance Against Domestic Violence
California District Attorneys Association
California Peace Officers' Association
California Probation, Parole and Correctional Association
California State Sheriffs' Association
Catalyst Domestic Violence Services
District Attorney of Alameda County
For Our Future, a CA Tribal DV/SA Prevention Coalition
Haven House, Inc.
Kene Me-Wu Family Healing Center, Inc.
Los Angeles City Attorney
Los Angeles Commission on Assaults Against Women
Members of the Attorney General's Task Force on the
Criminal Justice Response to Domestic Violence
San Diego County Sheriff
San Mateo Police Department
Santa Barbara Police Department
Statewide California Coalition for Battered Women
Women's Center of San Joaquin County
ARGUMENTS IN SUPPORT : The author states:
"AB 1288 makes two changes to California's domestic
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violence restraining order statutes?These changes
reflect the recommendations of the Attorney General's
Task Force on the Criminal Justice Response to Domestic
Violence. This bill:
"Requires a criminal court to consider prohibiting a
domestic violence defendant from possessing a firearm -
if the court has a good cause belief that the victim
has been or will be harmed or intimidated.
"Authorizes law enforcement to advise certain domestic
violence victims - those who have already obtained
restraining orders from Family Court, or those whose
abusers have already been arraigned on domestic
violence charges - as to whether the state's firearms
database shows that the batterer has purchased
firearms."
DOJ, the bill's sponsor, provides the following general
statistics concerning domestic violence in California:
"In 2003, 182 murders were the result of intimate
partner violence in California. In 2003, 151 women in
California were killed by their husbands, ex-husbands
or boyfriends, and 27 men were killed by their wives,
ex-wives or girlfriends.
"California law enforcement received 194,288 domestic
violence calls in 2003 - 106,731 involved weapons,
including firearms and knives.
"Domestic violence arrests dropped from 52,392 (2001)
to 50,479 (2002), and to 48,854 in 2003. (DOJ, CJSC)
"Every year, almost 6% of California's women suffer
physical injuries from domestic violence."
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,
Goldberg, Hancock, Harman, Haynes, Jerome Horton, Shirley
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Horton, Houston, Huff, Jones, Karnette, Keene, Klehs,
Koretz, La Malfa, La Suer, Laird, Leno, Leslie, Levine,
Lieber, Matthews, Maze, McCarthy, Montanez, Mountjoy,
Mullin, Nakanishi, Nation, Nava, Negrete McLeod, Niello,
Parra, Pavley, Plescia, Richman, Ridley-Thomas, Sharon
Runner, Ruskin, Saldana, Salinas, Spitzer, Strickland,
Torrico, Tran, Umberg, Vargas, Villines, Walters, Wolk,
Wyland, Yee, Nunez
NO VOTE RECORDED: Gordon, Liu, Oropeza
RJG:mel 8/26/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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