BILL NUMBER: SB 505	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 18, 2014
	AMENDED IN ASSEMBLY  AUGUST 4, 2014
	AMENDED IN ASSEMBLY  JUNE 10, 2014
	AMENDED IN SENATE  MAY 28, 2013
	AMENDED IN SENATE  MAY 15, 2013
	AMENDED IN SENATE  APRIL 24, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Jackson

                        FEBRUARY 21, 2013

   An act to add Section 11106.4 to the Penal Code, relating to crime
prevention.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 505, as amended, Jackson. Peace officers: welfare checks:
firearms.
   Existing law allows a person to be taken into custody for a period
of 72 hours for crisis intervention when probable cause exists that
the person, as a result of a mental disorder, is a danger to others,
or to himself or herself, or gravely disabled. Under existing law,
the Attorney General is required to maintain a registry of specified
information concerning the sale, lease, or transfer of firearms, and
to include in the registry specified data provided to the Department
of Justice.
   This bill  would, except when exigent circumstances exist,
and provided that sufficient identifying information is available or
could be ascertained through reasonable efforts, require a peace
officer who is asked to check, or checks on, the welfare or
well-being of an individual based on a concern that the individual is
a danger to others, or to himself or herself, to first 
 would require law enforcement agencies to develop, adopt, and
implement written policies and standard protocols pertaining to the
best manner to conduct a "welfare check," when the inquiry into the
welfare or well-being of the person is motivated by a concern that
the person may be a danger to himself or herself or to others. The
bill would require those policies to encourage a peace officer, prior
to conducting the welfare check and whenever possible and re 
 asonable, as specified, to  conduct a search of the
Department of Justice Automated Firearms System via the California
Law Enforcement Telecommunications System to determine whether the
person is the registered owner of  any   a 
firearm.
   By imposing additional duties on local peace officers
  law enforcement agencies  , this bill would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 11106.4 is added to the
Penal Code, to read:
   11106.4.  Except when exigent circumstances exist, and provided
that sufficient identifying information is available or could be
ascertained through reasonable efforts, if during the discharge of
his or her policing and community care taking functions, a peace
officer is asked to check, or checks on, the welfare or well-being of
a person, and the inquiry is motivated by a concern that the person
may be a danger to others or to himself or herself, the peace officer
shall first conduct a search of the Department of Justice Automated
Firearms System via the California Law Enforcement Telecommunications
System, to determine whether the person is the registered owner of
any firearm. 
   SECTION 1.    Section 11106.4 is added to the 
 Penal Code   , to read:  
   11106.4.  (a) Every law enforcement agency shall develop, adopt,
and implement written policies and standard protocols pertaining to
the best manner to conduct a "welfare check," when the inquiry into
the welfare or well-being of the person is motivated by a concern
that the person may be a danger to himself or herself or to others.
The policies shall encourage a peace officer, prior to conducting the
welfare check and whenever possible and reasonable, to conduct a
search of the Department of Justice Automated Firearms System via the
California Law Enforcement Telecommunications System to determine
whether the person is the registered owner of a firearm.
   (b) For purposes of this section, "reasonable" as used in
subdivision (a) means that the officer could conduct the firearm
registry check without undue burden on the execution of the officer's
other duties, that there are no exigent circumstances demanding
immediate attention, and that the peace officer has access to, or can
reasonably ascertain, relevant identifying information. 
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.