BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 585
                                                                  Page  1

          Date of Hearing:   August 9, 2006

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                    SB 585 (Kehoe) - As Amended:  August 7, 2006 

          Policy Committee:                              Public  
          SafetyVote:  6-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill requires a person ordered to relinquish a gun,  
          pursuant to terms of a protective order, to surrender the weapon  
          immediately upon request of any law enforcement officer, or  
          within 24 hours, if no request is made by an officer. (Current  
          law specifies guns must be relinquished within 24 hours.)  
          Failure to file a receipt in a timely manner is a violation of  
          the protective order; a misdemeanor pursuant to existing law.   
          This bill also: 

          1)Requires a person relinquishing a gun pursuant to a protective  
            order to file a receipt with the court within 48 hours of  
            being served. (Current law specifies 72 hours.) 

          2)Requires application forms adopted by the Judicial Council and  
            approved by the Department of Justice (DOJ) to be amended to  
            require the petitioner to describe the number, types and  
            locations of any guns known by the petitioner to be controlled  
            by the subject of the order.

          3)Recommends every law enforcement agency in California develop  
            and implement written policies and standards for law  
            enforcement officers who request immediate relinquishment of  
            guns pursuant to protective orders and states that before  
            December 31, 2007, DOJ may work with local law enforcement to  
            develop and disseminate model policies and standards. 
           
           FISCAL EFFECT  

          1)Unknown, likely minor, nonreimbursable local incarceration  
            costs as a result of tightening gun relinquishment procedures  








                                                                  SB 585
                                                                  Page  2

            related to protective orders. 

          2)Minor absorbable costs to the Judicial Council to revise  
            forms.

           COMMENTS  

           Rationale.  According to the author, this bill is designed to  
          enhance domestic violence prevention by providing law  
          enforcement officers the option of seeking the immediate  
          surrender of guns in the possession of a person who has been  
          served with a protective order, even when officers are not  
          responding to an incident in progress.  
           

           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081