BILL ANALYSIS
AB 1288
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1288 (Chu)
As Amended August 31, 2005
Majority vote
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|ASSEMBLY: |77-0 |(May 16, 2005) |SENATE: |35-2 |(September 6, |
| | | | | |2005) |
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Original Committee Reference: PUB. S.
SUMMARY : Provides that if a court orders a protective order in
a domestic violence case, the order shall prohibit the defendant
from purchasing a firearm and require the defendant to
relinquish any firearms in his or her possession.
The Senate amendments :
1)Provide that when a law enforcement officer provides specified
firearms information to a victim of domestic violence the
officer shall immediately provide the victim with a "Victims
of Domestic Violence" card.
2)Double join this bill with AB 112 (Cohn), AB 118 (Cohn), AB
1060 (Liu) and SB 720 (Kuehl) to avoid chaptering problems.
3)Make technical non-substantive changes.
EXISTING LAW provides that a person subject to a protective
order issued under Penal Code Section 136.2 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 or she owns or
possesses pursuant to Civil Procedure Code Section 527.9. 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 Penal Code Section 12021(g).
AS PASSED BY THE ASSEMBLY , this bill provided that:
1)If a court does not issue an order pursuant to Penal Code
Section 136.2(g)(1) in a case in which the defendant is
charged with a crime of domestic violence, as specified, the
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court on its own motion shall issue 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. The order shall provide that the defendant shall
not own, possess, purchase, receive, or attempt to purchase or
receive a firearm while the protective order is in effect and
the defendant shall relinquish any firearms that he or she
owns or possesses, as specified.
2)Specified officers may disseminate the name of the subject of
the specified DOJ record regarding firearms; the number of
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 DOJ as
specified if the following conditions are met:
a) The subject of the record has been arraigned for a crime
in which the victim is a person described in Family Code
Section 6211(a) to 6211(f) and is being prosecuted or is
serving a sentence for the crime; or the subject of the
record is the subject of an emergency 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; and,
b) 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)The victim or person to whom the specified firearms
information is disseminated may disclose that information 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 : According to the Senate Appropriations Committee
analysis, Existing law provides that persons who own, possess,
purchase, attempt to purchase or receive a firearm while under
protective order described in this bill are guilty of an
alternate felony/misdemeanor punishable by up to one year in a
county jail or state prison, a fine of up to $1,000 or both.
CDCR 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
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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 would 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.
COMMENTS : According to the author, "According to the Federal
Bureau of Investigation, 33% of women who are murdered with
firearms are killed by intimate partners and the risk of a
gun-related domestic homicide is much higher if there is a
history of domestic violence.
"In 2003, the Attorney General's Office convened a task force to
examine local criminal justice agencies' responses to domestic
violence. Through their work, it became apparent that domestic
violence victims were not being notified that their perpetrators
possess firearms, which is a major victim safety issue. Law
enforcement is prohibited from disseminating the information
located in the DOJ's Dealers' Record of Sales database.
"This bill would allow a criminal court to impose a firearm
prohibition at arraignment, regardless of whether the prosecutor
requests a Criminal Protective Order (CPO), if the court has a
good-cause belief that the victim has or will be harmed or
intimidated. In addition, this bill would allow law enforcement
to advise a domestic violence victim when there is a reason to
believe that the batterer has purchased or obtained a firearm.
This bill further provides the victim the ability to disseminate
that information if it is necessary to protect himself or
herself or another person at risk."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Heather Hopkins / PUB. S. / (916)
319-3744 FN: 0012924