BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 585|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 585
Author: Kehoe (D), et al
Amended: 8/7/06
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 4/19/05
AYES: Alquist, Poochigian, Cedillo, Margett, Perata
NO VOTE RECORDED: Migden, Romero
SENATE APPROPRIATIONS COMMITTEE : 12-0, 1/19/06
AYES: Murray, Aanestad, Alquist, Ashburn, Battin, Dutton,
Escutia, Florez, Ortiz, Poochigian, Romero, Torlakson
NO VOTE RECORDED: Alarcon
SENATE FLOOR : 37-0, 1/30/06
AYES: Aanestad, Ackerman, Alarcon, Alquist, Ashburn,
Battin, Bowen, Cedillo, Chesbro, Cox, Denham, Ducheny,
Dunn, Dutton, Figueroa, Florez, Kehoe, Kuehl, Lowenthal,
Machado, Maldonado, Margett, McClintock, Migden, Morrow,
Murray, Ortiz, Perata, Poochigian, Romero, Runner, Scott,
Simitian, Soto, Speier, Torlakson, Vincent
NO VOTE RECORDED: Escutia, Hollingsworth, Vacancy
ASSEMBLY FLOOR : 78-0, 8/17/06 (Consent) - See last page
for vote
SUBJECT : Protective orders: firearms
SOURCE : Author
CONTINUED
SB 585
Page
2
DIGEST : This bill requires a person subject to a
protective order to immediately surrender a firearm and
file a receipt relative to the disposition of the firearm
with the court. This bill also requires the petitioner for
a protective order to list and describe any described
firearms possessed by the respondent.
Assembly Amendments (1) deleted provisions authorizing the
Attorney general to work with local law enforcement to
develop model policies, and (2) added a co-author.
ANALYSIS : Current law contains the "Domestic Violence
Prevention Act." [Section 6200 et seq. of the Family Code]
"Domestic violence" under the Act is abuse perpetrated
against any of the following persons:
1. A spouse or former spouse.
2. A cohabitant or former cohabitant, as defined in Section
6209.
3. A person with whom the respondent is having or has had a
dating or engagement relationship.
4. A person with whom the respondent has had a child, where
the presumption applies that the male parent is the
father of the child of the female parent under the
Uniform Parentage Act [Part 3 (commencing with Section
7600) of Division 12].
5. A child of a party or a child who is the subject of an
action under the Uniform Parentage Act, where the
presumption applies that the male parent is the father
of the child to be protected.
6. Any other person related by consanguinity or affinity
within the second degree. [Section 6212 of the Family
Code]
"Protective order" under this Act means an order that
includes any of the following restraining orders, whether
issued ex parte, after notice and hearing, or in a
judgment:
SB 585
Page
3
1. An order described in Section 6320 enjoining specific
acts of abuse.
2. An order described in Section 6321 excluding a person
from a dwelling.
3. An order described in Section 6322 enjoining other
specified behavior. [Section 6218 of the Family Code]
Current law prohibits a person subject to a protective
order under Family Code section 6218 from owning,
possessing, purchasing, or receiving a firearm while that
protective order is in effect.
Current law further provides every person who owns,
possesses, purchases or receives, or attempts to purchase
or receive, a firearm while the protective order is in
effect is guilty of a public offense punishable by county
jail, state prison or a fine, as specified.
Current law requires the Judicial Council of California
forms giving notice of a protective order to include
information to the respondent concerning their obligations
with respect to relinquishing and not acquiring firearms
while the order is in effect, as specified. [Section
6389(b) of the Family Code]
Each application for a protective order shall include a
space for the petitioner to identify all firearms known to
be in the possession of the respondent, the location of the
firearms, the basis for the petitioner's knowledge
regarding the existence and location of the firearms, and
why the respondent's possession of firearms subjects the
petitioner to an increased risk of harm.
Current law requires courts, upon issuance of a protective
order, to "order the respondent to relinquish any firearm
in that person's immediate possession or control, or
subject to that person's immediate possession or control,
within 24 hours of being served with the order, by either
surrendering the firearm to the control of local law
enforcement officials, or by selling the firearm to a
licensed gun dealer, as specified, and requires a person
ordered to relinquish any firearm to file with the court a
SB 585
Page
4
receipt showing the firearm was surrendered or sold within
72 hours after receiving the order."
This bill instead requires the person ordered to relinquish
a firearm to immediately surrender the firearm in a safe
manner, upon request of any law enforcement officer, or
within 24 hours as specified above. This bill also
requires the person to file a receipt with the court within
48 hours after being served with the order and provides
that the failure to timely file a receipt constitutes a
violation of the protective order.
This bill also requires application forms for protective
orders adopted by the Judicial Council and approved by the
Department of Justice to be amended to require the
petitioner to describe the number, types, and locations of
any firearms presently known by the petitioner to be
possessed or controlled by the respondent. This bill
additionally includes recommendations for written policies
and standards for law enforcement officers who request
relinquishment of firearms.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08
2008-09 Fund
Misdemeanor Unknown increase in incarcerationLocal
expansion costs, offset by increased fine
revenues
Mandate (model Unknown, potentially in excess of
$150General
policies)
Policies, forms Minor, absorbable
costsGeneral
SUPPORT : (Verified 8/17/06)
SB 585
Page
5
American Federation of State, County and Municipal
Employees
California Alliance Against Domestic Violence
California Million Man March
California State Sheriffs' Association
Legal Community Against Violence
San Bernardino County Sheriff's Department
San Diego County District Attorney
San Diego County Sheriff's Department
Violence Prevention Coalition of Orange County
Women Escaping a Violent Environment
ARGUMENTS IN SUPPORT : According to the author's office,
under existing law, individuals seeking protective orders
in domestic violence situations are asked to identify
firearms in the possession of the person who is the subject
of the order. Individuals who are served with temporary
restraining orders then have twenty-four hours to surrender
or sell any firearms in their possession.
Applicants who sought protective orders have, on occasion,
erroneously concluded that when they disclosed the firearms
in the possession of the respondent on the affidavit, it
meant that the firearms were confiscated. In at least one
tragic case in the City of San Diego, a father shot and
killed his son while the 17-year old was training with his
high school's cross-country track team. The shooting
occurred within 24 hours of the order being served, and was
done with one of the firearms that had been listed in the
mother's affidavit for the protective order.
Unfortunately, the act of seeking a temporary restraining
order can escalate the tensions between the two parties.
While the person seeking the protection of the court
assumes that the act of identifying firearms in the
possession of the respondent ensures their prompt removal,
it does not.
This bill proposes to give the court and law enforcement
authorities the ability to order the immediate removal of
the identified firearms in those instances where the court
or law enforcement personnel believe that their continued
SB 585
Page
6
possession by the respondent would create an unsafe
situation.
The purpose of this bill is to provide the maximum amount
of protection to individuals seeking protective orders in
domestic situations that are heated, volatile and dangerous
but up to that point may have been non-violent.
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, Haynes, Jerome Horton, Shirley Horton,
Houston, Huff, Jones, Karnette, Keene, Klehs, Koretz, La
Malfa, La Suer, Laird, Leno, Leslie, Levine, Lieber,
Lieu, Liu, 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: Oropeza, Vacancy
RJG:mel 8/18/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****