BILL NUMBER: AB 1131 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 2013
AMENDED IN SENATE SEPTEMBER 3, 2013
AMENDED IN SENATE JUNE 24, 2013
AMENDED IN ASSEMBLY APRIL 22, 2013
INTRODUCED BY Assembly Member Skinner
FEBRUARY 22, 2013
An act to amend Sections 8100, 8102, 8103, 8104, and 8105 of the
Welfare and Institutions Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1131, as amended, Skinner. Firearms.
(1) Existing law prohibits a person from possessing a firearm or
deadly weapon for a period of 6 months whenever he or she
communicates to a licensed psychotherapist a serious threat of
physical violence against a reasonably identifiable victim or
victims. Under existing law, a violation of this provision is a
crime. Existing law allows a person subject to these provisions to
petition the superior court of his or her county for an order that he
or she may possess a firearm, as provided.
This bill would increase the prohibitory period from 6 months to 5
years. By increasing the scope of an existing crime, this bill would
impose a state-mandated local program. This bill would revise the
provisions allowing a person to petition the court for an order that
would allow him or her to possess a firearm to conform with other
provisions of existing law.
(2) Existing law requires that if a person who has been detained
or apprehended for examination of his or her mental condition, or who
is a mentally ill individual prohibited from possessing firearms, is
found to own or possess a firearm, a law enforcement agency or peace
officer is required to confiscate the firearm. Existing law requires
the peace officer or law enforcement agency, upon confiscation of
that firearm from a person who has been detained or apprehended for
examination of his or her mental condition, to notify the person of
the procedure for the return of the firearm.
Existing law prescribes specified requirements that govern the
return of confiscated firearms in the custody or control of a court
or law enforcement agency. Under these provisions of law, a person
who wishes to have the firearm returned is required to submit a
specified application and fee to the Department of Justice, and to
meet specified criteria.
This bill would apply these requirements to persons who have been
detained or apprehended for examination and mentally ill individuals
who are prohibited from possessing firearms who have had their
firearms confiscated. The bill would provide additional procedures
for the disposition of a firearm that is not returned to the person,
as specified. By creating new notification duties for peace officers
and law enforcement agencies, this bill would impose a state-mandated
local program.
(3) Existing law requires reports to be submitted immediately to
the Department of Justice in connection with mentally ill individuals
who are prohibited from possessing firearms and dangerous weapons.
This bill would revise those provisions to require a court to
provide specified notices to the department as soon as possible, but
not exceeding 2 court days, and would require submission of reports
by specified facilities to the department within 24 hours. The bill
would require notices and reports submitted to the Department of
Justice in connection with these provisions to be submitted in an
electronic format, in a manner prescribed by the Department of
Justice.
(4) Existing law prohibits a person from possessing a firearm or
deadly weapon for a period of 6 months when the person has
communicated a serious threat of physical violence against a
reasonably identifiable victim or victims to a licensed
psychotherapist. Existing law requires the licensed psychotherapist
to immediately report the identity of the person to a local law
enforcement agency, and requires the local law enforcement agency to
immediately notify the Department of Justice.
This bill would instead require the licensed psychotherapist to
make the report to local law enforcement within 24 hours, in a manner
prescribed by the department. The bill would require the local law
enforcement agency receiving the report to notify the department
electronically within 24 hours, in a manner prescribed by the
department.
(5) This bill would incorporate changes to Section 8103 of the
Welfare and Institutions Code proposed by SB 755, that would become
operative on the date this bill becomes operative only if SB 755 and
this bill are both chaptered and become effective on or before
January 1, 2014, and this bill is chaptered last.
(5)
(6) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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 8100 of the Welfare and Institutions Code is
amended to read:
8100. (a) A person shall not have in his or her possession or
under his or her custody or control, or purchase or receive, or
attempt to purchase or receive, any firearms whatsoever or any other
deadly weapon, if on or after January 1, 1992, he or she has been
admitted to a facility and is receiving inpatient treatment and, in
the opinion of the attending health professional who is primarily
responsible for the patient's treatment of a mental disorder, is a
danger to self or others, as specified by Section 5150, 5250, or
5300, even though the patient has consented to that treatment. A
person is not subject to the prohibition in this subdivision after he
or she is discharged from the facility.
(b) (1) A person shall not have in his or her possession or under
his or her custody or control, or purchase or receive, or attempt to
purchase or receive, any firearms whatsoever or any other deadly
weapon for a period of five years if, on or after January 1, 2014, he
or she communicates to a licensed psychotherapist, as defined in
subdivisions (a) to (e), inclusive, of Section 1010 of the Evidence
Code, a serious threat of physical violence against a reasonably
identifiable victim or victims. The five-year period shall commence
from the date that the licensed psychotherapist reports to the local
law enforcement agency the identity of the person making the
communication. The prohibition provided for in this subdivision shall
not apply unless the licensed psychotherapist notifies a local law
enforcement agency of the threat by that person. The person, however,
may own, possess, have custody or control over, or receive or
purchase any firearm if a superior court, pursuant to paragraph (3)
and upon petition of the person, has found, by a preponderance of the
evidence, that the person is likely to use firearms or other deadly
weapons in a safe and lawful manner.
(2) Upon receipt of the report from the local law enforcement
agency pursuant to subdivision (c) of Section 8105, the Department of
Justice shall notify by certified mail, return receipt requested, a
person subject to this subdivision of the following:
(A) That he or she is prohibited from possessing, having custody
or control over, receiving, or purchasing any firearm or other deadly
weapon for a period of five years commencing from the date that the
licensed psychotherapist reports to the local law enforcement agency
the identity of the person making the communication. The notice shall
state the date when the prohibition commences and ends.
(B) That he or she may petition a court, as provided in this
subdivision, for an order permitting the person to own, possess,
control, receive, or purchase a firearm.
(3) (A) Any person who is subject to paragraph (1) may petition
the superior court of his or her county of residence for an order
that he or she may own, possess, have custody or control over,
receive, or purchase firearms. At the time the petition is filed, the
clerk of the court shall set a hearing date and notify the person,
the Department of Justice, and the district attorney. The people of
the State of California shall be the respondent in the proceeding and
shall be represented by the district attorney. Upon motion of the
district attorney, or upon its own motion, the superior court may
transfer the petition to the county in which the person resided at
the time of the statements, or the county in which the person made
the statements. Within seven days after receiving notice of the
petition, the Department of Justice shall file copies of the reports
described in Section 8105 with the superior court. The reports shall
be disclosed upon request to the person and to the district attorney.
The district attorney shall be entitled to a continuance of the
hearing to a date of not less than 14 days after the district
attorney is notified of the hearing date by the clerk of the court.
The court, upon motion of the petitioner establishing that
confidential information is likely to be discussed during the hearing
that would cause harm to the person, shall conduct the hearing in
camera with only the relevant parties present, unless the court finds
that the public interest would be better served by conducting the
hearing in public. Notwithstanding any other provision of law,
declarations, police reports, including criminal history information,
and any other material and relevant evidence that is not excluded
under Section 352 of the Evidence Code, shall be admissible at the
hearing under this paragraph.
(B) The people shall bear the burden of showing by a preponderance
of the evidence that the person would not be likely to use firearms
in a safe and lawful manner.
(C) If the court finds at the hearing that the people have not met
their burden as set forth in subparagraph (B), the court shall order
that the person shall not be subject to the five-year prohibition in
this section on the ownership, control, receipt, possession, or
purchase of firearms, and that person shall comply with the procedure
described in Chapter 2 (commencing with Section 33850) of Division
11 of Title 4 of Part 6 of the Penal Code for the return of any
firearms. A copy of the order shall be submitted to the Department of
Justice. Upon receipt of the order, the Department of Justice shall
delete any reference to the prohibition against firearms from the
person's state mental health firearms prohibition system information.
(D) If the district attorney declines or fails to go forward in
the hearing, the court shall order that the person shall not be
subject to the five-year prohibition required by this subdivision on
the ownership, control, receipt, possession, or purchase of firearms,
and that person shall comply with the procedure described in Chapter
2 (commencing with Section 33850) of Division 11 of Title 4 of Part
6 of the Penal Code for the return of any firearms. A copy of the
order shall be submitted to the Department of Justice. Upon receipt
of the order, the Department of Justice shall, within 15 days, delete
any reference to the prohibition against firearms from the person's
state mental health firearms prohibition system information.
(E) Nothing in this subdivision shall prohibit the use of reports
filed pursuant to this section to determine the eligibility of a
person to own, possess, control, receive, or purchase a firearm if
the person is the subject of a criminal investigation, a part of
which involves the ownership, possession, control, receipt, or
purchase of a firearm.
(c) "Discharge," for the purposes of this section, does not
include a leave of absence from a facility.
(d) "Attending health care professional," as used in this section,
means the licensed health care professional primarily responsible
for the person's treatment who is qualified to make the decision that
the person has a mental disorder and has probable cause to believe
that the person is a danger to self or others.
(e) "Deadly weapon," as used in this section and in Sections 8101,
8102, and 8103, means any weapon, the possession or concealed
carrying of which is prohibited by any provision listed in Section
16590 of the Penal Code.
(f) "Danger to self," as used in subdivision (a), means a
voluntary person who has made a serious threat of, or attempted,
suicide with the use of a firearm or other deadly weapon.
(g) A violation of subdivision (a) of, or paragraph (1) of
subdivision (b) of, this section shall be a public offense,
punishable by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code, or in a county jail for not more than one
year, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine.
(h) The prohibitions set forth in this section shall be in
addition to those set forth in Section 8103.
(i) Any person admitted and receiving treatment prior to January
1, 1992, shall be governed by this section, as amended by Chapter
1090 of the Statutes of 1990, until discharged from the facility.
SEC. 2. Section 8102 of the Welfare and Institutions Code is
amended to read:
8102. (a) Whenever a person, who has been detained or apprehended
for examination of his or her mental condition or who is a person
described in Section 8100 or 8103, is found to own, have in his or
her possession or under his or her control, any firearm whatsoever,
or any other deadly weapon, the firearm or other deadly weapon shall
be confiscated by any law enforcement agency or peace officer, who
shall retain custody of the firearm or other deadly weapon.
"Deadly weapon," as used in this section, has the meaning
prescribed by Section 8100.
(b) (1) Upon confiscation of any firearm or other deadly weapon
from a person who has been detained or apprehended for examination of
his or her mental condition, the peace officer or law enforcement
agency shall issue a receipt describing the deadly weapon or any
firearm and listing any serial number or other identification on the
firearm and shall notify the person of the procedure for the return,
sale, transfer, or destruction of any firearm or other deadly weapon
which has been confiscated. A peace officer or law enforcement agency
that provides the receipt and notification described in Section
33800 of the Penal Code satisfies the receipt and notice
requirements.
(2) If the person is released, the professional person in charge
of the facility, or his or her designee, shall notify the person of
the procedure for the return of any firearm or other deadly weapon
which may have been confiscated.
(3) Health facility personnel shall notify the confiscating law
enforcement agency upon release of the detained person, and shall
make a notation to the effect that the facility provided the required
notice to the person regarding the procedure to obtain return of any
confiscated firearm.
(4) For purposes of this subdivision, the procedure for the
return, sale, or transfer of confiscated firearms includes the
procedures described in this section and the procedures described in
Chapter 2 (commencing with Section 33850) of Division 11 of Title 4
of Part 6 of the Penal Code.
(5) In lieu of destroying a firearm that has been confiscated
pursuant to this section that is a nuisance, unclaimed, abandoned, or
otherwise subject to destruction, a law enforcement agency may
retain or transfer the firearm as provided in Section 34005 of the
Penal Code.
(c) Upon the release of a person as described in subdivision (b),
the confiscating law enforcement agency shall have 30 days to
initiate a petition in the superior court for a hearing to determine
whether the return of a firearm or other deadly weapon would be
likely to result in endangering the person or others, and to send a
notice advising the person of his or her right to a hearing on this
issue. The law enforcement agency may make an ex parte application
stating good cause for an order extending the time to file a
petition. Including any extension of time granted in response to an
ex parte request, a petition shall be filed within 60 days of the
release of the person from a health facility.
(d) If the law enforcement agency does not initiate proceedings
within the 30-day period, or the period of time authorized by the
court in an ex parte order issued pursuant to subdivision (c), it
shall make the weapon available for return upon compliance with all
applicable requirements, including the requirements specified in
Chapter 2 (commencing with Section 33850) of Division 11 of Title 4
of Part 6 of the Penal Code.
(e) The law enforcement agency shall inform the person that he or
she has 30 days to respond to the court clerk to confirm his or her
desire for a hearing, and that the failure to respond will result in
a default order forfeiting the confiscated firearm or weapon. For a
confiscated firearm, the period of forfeiture is 180 days pursuant to
Section 33875 of the Penal Code, unless the person contacts the law
enforcement agency to facilitate the sale or transfer of the firearm
to a licensed dealer pursuant to Section 33870 of the Penal Code. For
the purpose of this subdivision, the person's last known address
shall be the address provided to the law enforcement officer by the
person at the time of the person's detention or apprehension.
(f) If the person responds and requests a hearing, the court clerk
shall set a hearing, no later than 30 days from receipt of the
request. The court clerk shall notify the person and the district
attorney of the date, time, and place of the hearing.
(g) If the person does not respond within 30 days of the notice,
the law enforcement agency may file a petition for order of default,
allowing the law enforcement agency to destroy the firearm in 180
days from the date the court enters default unless the person
contacts the law enforcement agency to facilitate the sale or
transfer of the firearm to a licensed dealer pursuant to Section
33870 of the Penal Code.
(h) If, after a hearing, the court determines that the return of
the firearm or other deadly weapon would likely endanger the person
or others, the law enforcement agency may destroy the firearm within
180 days from the date that the court makes that determination,
unless the person contacts the law enforcement agency to facilitate
the sale or transfer of the firearm to a licensed dealer pursuant to
Section 33870 of the Penal Code.
SEC. 3. Section 8103 of the Welfare and Institutions Code is
amended to read:
8103. (a) (1) No person who after October 1, 1955, has been
adjudicated by a court of any state to be a danger to others as a
result of a mental disorder or mental illness, or who has been
adjudicated to be a mentally disordered sex offender, shall purchase
or receive, or attempt to purchase or receive, or have in his or her
possession, custody, or control any firearm or any other deadly
weapon unless there has been issued to the person a certificate by
the court of adjudication upon release from treatment or at a later
date stating that the person may possess a firearm or any other
deadly weapon without endangering others, and the person has not,
subsequent to the issuance of the certificate, again been adjudicated
by a court to be a danger to others as a result of a mental disorder
or mental illness.
(2) The court shall notify the Department of Justice of the court
order finding the individual to be a person described in paragraph
(1) as soon as possible, but not later than two court days after
issuing the order. The court shall also notify the Department of
Justice of any certificate issued as described in paragraph (1) as
soon as possible, but not later than two court days after issuing the
certificate.
(b) (1) No person who has been found, pursuant to Section 1026 of
the Penal Code or the law of any other state or the United States,
not guilty by reason of insanity of murder, mayhem, a violation of
Section 207, 209, or 209.5 of the Penal Code in which the victim
suffers intentionally inflicted great bodily injury, carjacking or
robbery in which the victim suffers great bodily injury, a violation
of Section 451 or 452 of the Penal Code involving a trailer coach, as
defined in Section 635 of the Vehicle Code, or any dwelling house, a
violation of paragraph (1) or (2) of subdivision (a) of Section 262
or paragraph (2) or (3) of subdivision (a) of Section 261 of the
Penal Code, a violation of Section 459 of the Penal Code in the first
degree, assault with intent to commit murder, a violation of Section
220 of the Penal Code in which the victim suffers great bodily
injury, a violation of Section 18715, 18725, 18740, 18745, 18750, or
18755 of the Penal Code, or of a felony involving death, great bodily
injury, or an act which poses a serious threat of bodily harm to
another person, or a violation of the law of any other state or the
United States that includes all the elements of any of the above
felonies as defined under California law, shall purchase or receive,
or attempt to purchase or receive, or have in his or her possession
or under his or her custody or control any firearm or any other
deadly weapon.
(2) The court shall notify the Department of Justice of the court
order finding the person to be a person described in paragraph (1) as
soon as possible, but not later than two court days after issuing
the order.
(c) (1) No person who has been found, pursuant to Section 1026 of
the Penal Code or the law of any other state or the United States,
not guilty by reason of insanity of any crime other than those
described in subdivision (b) shall purchase or receive, or attempt to
purchase or receive, or shall have in his or her possession,
custody, or control any firearm or any other deadly weapon unless the
court of commitment has found the person to have recovered sanity,
pursuant to Section 1026.2 of the Penal Code or the law of any other
state or the United States.
(2) The court shall notify the Department of Justice of the court
order finding the person to be a person described in paragraph (1) as
soon as possible, but not later than two court days after issuing
the order. The court shall also notify the Department of Justice when
it finds that the person has recovered his or her sanity as soon as
possible, but not later than two court days after making the finding.
(d) (1) No person found by a court to be mentally incompetent to
stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code or
the law of any other state or the United States, shall purchase or
receive, or attempt to purchase or receive, or shall have in his or
her possession, custody, or control, any firearm or any other deadly
weapon, unless there has been a finding with respect to the person of
restoration to competence to stand trial by the committing court,
pursuant to Section 1372 of the Penal Code or the law of any other
state or the United States.
(2) The court shall notify the Department of Justice of the court
order finding the person to be mentally incompetent as described in
paragraph (1) as soon as possible, but not later than two court days
after issuing the order. The court shall also notify the Department
of Justice when it finds that the person has recovered his or her
competence as soon as possible, but not later than two court days
after making the finding.
(e) (1) No person who has been placed under conservatorship by a
court, pursuant to Section 5350 or the law of any other state or the
United States, because the person is gravely disabled as a result of
a mental disorder or impairment by chronic alcoholism, shall purchase
or receive, or attempt to purchase or receive, or shall have in his
or her possession, custody, or control, any firearm or any other
deadly weapon while under the conservatorship if, at the time the
conservatorship was ordered or thereafter, the court which imposed
the conservatorship found that possession of a firearm or any other
deadly weapon by the person would present a danger to the safety of
the person or to others. Upon placing any person under
conservatorship, and prohibiting firearm or any other deadly weapon
possession by the person, the court shall notify the person of this
prohibition.
(2) The court shall notify the Department of Justice of the court
order placing the person under conservatorship and prohibiting
firearm or any other deadly weapon possession by the person as
described in paragraph (1) as soon as possible, but not later than
two court days after placing the person under conservatorship. The
notice shall include the date the conservatorship was imposed and the
date the conservatorship is to be terminated. If the conservatorship
is subsequently terminated before the date listed in the notice to
the Department of Justice or the court subsequently finds that
possession of a firearm or any other deadly weapon by the person
would no longer present a danger to the safety of the person or
others, the court shall notify the Department of Justice as soon as
possible, but not later than two court days after terminating the
conservatorship.
(3) All information provided to the Department of Justice pursuant
to paragraph (2) shall be kept confidential, separate, and apart
from all other records maintained by the Department of Justice, and
shall be used only to determine eligibility to purchase or possess
firearms or other deadly weapons. Any person who knowingly furnishes
that information for any other purpose is guilty of a misdemeanor.
All the information concerning any person shall be destroyed upon
receipt by the Department of Justice of notice of the termination of
conservatorship as to that person pursuant to paragraph (2).
(f) (1) No person who has been (A) taken into custody as provided
in Section 5150 because that person is a danger to himself, herself,
or to others, (B) assessed within the meaning of Section 5151, and
(C) admitted to a designated facility within the meaning of Sections
5151 and 5152 because that person is a danger to himself, herself, or
others, shall own, possess, control, receive, or purchase, or
attempt to own, possess, control, receive, or purchase any firearm
for a period of five years after the person is released from the
facility. A person described in the preceding sentence, however, may
own, possess, control, receive, or purchase, or attempt to own,
possess, control, receive, or purchase any firearm if the superior
court has, pursuant to paragraph (5), found that the people of the
State of California have not met their burden pursuant to paragraph
(6).
(2) (A) For each person subject to this subdivision, the facility
shall, within 24 hours of the time of admission, submit a report to
the Department of Justice, on a form prescribed by the Department of
Justice, containing information that includes, but is not limited to,
the identity of the person and the legal grounds upon which the
person was admitted to the facility.
Any report submitted pursuant to this paragraph shall be
confidential, except for purposes of the court proceedings described
in this subdivision and for determining the eligibility of the person
to own, possess, control, receive, or purchase a firearm.
(B) Commencing July 1, 2012, facilities shall submit reports
pursuant to this paragraph exclusively by electronic means, in a
manner prescribed by the Department of Justice.
(3) Prior to, or concurrent with, the discharge, the facility
shall inform a person subject to this subdivision that he or she is
prohibited from owning, possessing, controlling, receiving, or
purchasing any firearm for a period of five years. Simultaneously,
the facility shall inform the person that he or she may request a
hearing from a court, as provided in this subdivision, for an order
permitting the person to own, possess, control, receive, or purchase
a firearm. The facility shall provide the person with a form for a
request for a hearing. The Department of Justice shall prescribe the
form. Where the person requests a hearing at the time of discharge,
the facility shall forward the form to the superior court unless the
person states that he or she will submit the form to the superior
court.
(4) The Department of Justice shall provide the form upon request
to any person described in paragraph (1). The Department of Justice
shall also provide the form to the superior court in each county. A
person described in paragraph (1) may make a single request for a
hearing at any time during the five-year period. The request for
hearing shall be made on the form prescribed by the department or in
a document that includes equivalent language.
(5) Any person who is subject to paragraph (1) who has requested a
hearing from the superior court of his or her county of residence
for an order that he or she may own, possess, control, receive, or
purchase firearms shall be given a hearing. The clerk of the court
shall set a hearing date and notify the person, the Department of
Justice, and the district attorney. The people of the State of
California shall be the plaintiff in the proceeding and shall be
represented by the district attorney. Upon motion of the district
attorney, or on its own motion, the superior court may transfer the
hearing to the county in which the person resided at the time of his
or her detention, the county in which the person was detained, or the
county in which the person was evaluated or treated. Within seven
days after the request for a hearing, the Department of Justice shall
file copies of the reports described in this section with the
superior court. The reports shall be disclosed upon request to the
person and to the district attorney. The court shall set the hearing
within 30 days of receipt of the request for a hearing. Upon showing
good cause, the district attorney shall be entitled to a continuance
not to exceed 14 days after the district attorney was notified of the
hearing date by the clerk of the court. If additional continuances
are granted, the total length of time for continuances shall not
exceed 60 days. The district attorney may notify the county mental
health director of the hearing who shall provide information about
the detention of the person that may be relevant to the court and
shall file that information with the superior court. That information
shall be disclosed to the person and to the district attorney. The
court, upon motion of the person subject to paragraph (1)
establishing that confidential information is likely to be discussed
during the hearing that would cause harm to the person, shall conduct
the hearing in camera with only the relevant parties present, unless
the court finds that the public interest would be better served by
conducting the hearing in public. Notwithstanding any other law,
declarations, police reports, including criminal history information,
and any other material and relevant evidence that is not excluded
under Section 352 of the Evidence Code shall be admissible at the
hearing under this section.
(6) The people shall bear the burden of showing by a preponderance
of the evidence that the person would not be likely to use firearms
in a safe and lawful manner.
(7) If the court finds at the hearing set forth in paragraph (5)
that the people have not met their burden as set forth in paragraph
(6), the court shall order that the person shall not be subject to
the five-year prohibition in this section on the ownership, control,
receipt, possession, or purchase of firearms, and that person shall
comply with the procedure described in Chapter 2 (commencing with
Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code
for the return of any firearms. A copy of the order shall be
submitted to the Department of Justice. Upon receipt of the order,
the Department of Justice
shall delete any reference to the prohibition against firearms from
the person's state mental health firearms prohibition system
information.
(8) Where the district attorney declines or fails to go forward in
the hearing, the court shall order that the person shall not be
subject to the five-year prohibition required by this subdivision on
the ownership, control, receipt, possession, or purchase of firearms.
A copy of the order shall be submitted to the Department of Justice.
Upon receipt of the order, the Department of Justice shall, within
15 days, delete any reference to the prohibition against firearms
from the person's state mental health firearms prohibition system
information, and that person shall comply with the procedure
described in Chapter 2 (commencing with Section 33850) of Division 11
of Title 4 of Part 6 of the Penal Code for the return of any
firearms.
(9) Nothing in this subdivision shall prohibit the use of reports
filed pursuant to this section to determine the eligibility of
persons to own, possess, control, receive, or purchase a firearm if
the person is the subject of a criminal investigation, a part of
which involves the ownership, possession, control, receipt, or
purchase of a firearm.
(g) (1) No person who has been certified for intensive treatment
under Section 5250, 5260, or 5270.15 shall own, possess, control,
receive, or purchase, or attempt to own, possess, control, receive,
or purchase, any firearm for a period of five years.
Any person who meets the criteria contained in subdivision (e) or
(f) who is released from intensive treatment shall nevertheless, if
applicable, remain subject to the prohibition contained in
subdivision (e) or (f).
(2) (A) For each person certified for intensive treatment under
paragraph (1), the facility shall, within 24 hours of the
certification, submit a report to the Department of Justice, on a
form prescribed by the department, containing information regarding
the person, including, but not limited to, the legal identity of the
person and the legal grounds upon which the person was certified. Any
report submitted pursuant to this paragraph shall only be used for
the purposes specified in paragraph (2) of subdivision (f).
(B) Commencing July 1, 2012, facilities shall submit reports
pursuant to this paragraph exclusively by electronic means, in a
manner prescribed by the Department of Justice.
(3) Prior to, or concurrent with, the discharge of each person
certified for intensive treatment under paragraph (1), the facility
shall inform the person of that information specified in paragraph
(3) of subdivision (f).
(4) Any person who is subject to paragraph (1) may petition the
superior court of his or her county of residence for an order that he
or she may own, possess, control, receive, or purchase firearms. At
the time the petition is filed, the clerk of the court shall set a
hearing date and notify the person, the Department of Justice, and
the district attorney. The people of the State of California shall be
the respondent in the proceeding and shall be represented by the
district attorney. Upon motion of the district attorney, or on its
own motion, the superior court may transfer the petition to the
county in which the person resided at the time of his or her
detention, the county in which the person was detained, or the county
in which the person was evaluated or treated. Within seven days
after receiving notice of the petition, the Department of Justice
shall file copies of the reports described in this section with the
superior court. The reports shall be disclosed upon request to the
person and to the district attorney. The district attorney shall be
entitled to a continuance of the hearing to a date of not less than
14 days after the district attorney was notified of the hearing date
by the clerk of the court. The district attorney may notify the
county mental health director of the petition, and the county mental
health director shall provide information about the detention of the
person that may be relevant to the court and shall file that
information with the superior court. That information shall be
disclosed to the person and to the district attorney. The court, upon
motion of the person subject to paragraph (1) establishing that
confidential information is likely to be discussed during the hearing
that would cause harm to the person, shall conduct the hearing in
camera with only the relevant parties present, unless the court finds
that the public interest would be better served by conducting the
hearing in public. Notwithstanding any other provision of law, any
declaration, police reports, including criminal history information,
and any other material and relevant evidence that is not excluded
under Section 352 of the Evidence Code, shall be admissible at the
hearing under this section. If the court finds by a preponderance of
the evidence that the person would be likely to use firearms in a
safe and lawful manner, the court may order that the person may own,
control, receive, possess, or purchase firearms, and that person
shall comply with the procedure described in Chapter 2 (commencing
with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal
Code for the return of any firearms. A copy of the order shall be
submitted to the Department of Justice. Upon receipt of the order,
the Department of Justice shall delete any reference to the
prohibition against firearms from the person's state mental health
firearms prohibition system information.
(h) (1) For all persons identified in subdivisions (f) and (g),
facilities shall report to the Department of Justice as specified in
those subdivisions, except facilities shall not report persons under
subdivision (g) if the same persons previously have been reported
under subdivision (f).
(2) Additionally, all facilities shall report to the Department of
Justice upon the discharge of persons from whom reports have been
submitted pursuant to subdivision (f) or (g). However, a report shall
not be filed for persons who are discharged within 31 days after the
date of admission.
(i) Every person who owns or possesses or has under his or her
custody or control, or purchases or receives, or attempts to purchase
or receive, any firearm or any other deadly weapon in violation of
this section shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code or in a county jail
for not more than one year.
(j) "Deadly weapon," as used in this section, has the meaning
prescribed by Section 8100.
(k) Any notice or report required to be submitted to the
Department of Justice pursuant to this section shall be submitted in
an electronic format, in a manner prescribed by the Department of
Justice.
SEC. 3.5. Section 8103 of the Welfare
and Institutions Code is amended to read:
8103. (a) (1) No person who after October 1, 1955, has been
adjudicated by a court of any state to be a danger to others as a
result of a mental disorder or mental illness, or who has been
adjudicated to be a mentally disordered sex offender, shall purchase
or receive, or attempt to purchase or receive, or have in his or her
possession, custody, or control any firearm or any other deadly
weapon unless there has been issued to the person a certificate by
the court of adjudication upon release from treatment or at a later
date stating that the person may possess a firearm or any other
deadly weapon without endangering others, and the person has not,
subsequent to the issuance of the certificate, again been adjudicated
by a court to be a danger to others as a result of a mental disorder
or mental illness.
(2) The court shall immediately notify the
Department of Justice of the court order finding the individual to be
a person described in paragraph (1) as soon as possible, but
not later than two court days after issuing the order . The
court shall also notify the Department of Justice of any certificate
issued as described in paragraph (1) as soon as possible, but
not later than two court days after issuing the certificate .
(b) (1) No person who has been found, pursuant to Section 1026 of
the Penal Code or the law of any other state or the United States,
not guilty by reason of insanity of murder, mayhem, a violation of
Section 207, 209, or 209.5 of the Penal Code in which the victim
suffers intentionally inflicted great bodily injury, carjacking or
robbery in which the victim suffers great bodily injury, a violation
of Section 451 or 452 of the Penal Code involving a trailer coach, as
defined in Section 635 of the Vehicle Code, or any dwelling house, a
violation of paragraph (1) or (2) of subdivision (a) of Section 262
or paragraph (2) or (3) of subdivision (a) of Section 261 of the
Penal Code, a violation of Section 459 of the Penal Code in the first
degree, assault with intent to commit murder, a violation of Section
220 of the Penal Code in which the victim suffers great bodily
injury, a violation of Section 18715, 18725, 18740, 18745, 18750, or
18755 of the Penal Code, or of a felony involving death, great bodily
injury, or an act which poses a serious threat of bodily harm to
another person, or a violation of the law of any other state or the
United States that includes all the elements of any of the above
felonies as defined under California law, shall purchase or receive,
or attempt to purchase or receive, or have in his or her possession
or under his or her custody or control any firearm or any other
deadly weapon.
(2) The court shall immediately notify the
Department of Justice of the court order finding the person to be a
person described in paragraph (1) as soon as possible, but not
later than two court days after issuing the order .
(c) (1) No person who has been found, pursuant to Section 1026 of
the Penal Code or the law of any other state or the United States,
not guilty by reason of insanity of any crime other than those
described in subdivision (b) shall purchase or receive, or attempt to
purchase or receive, or shall have in his or her possession,
custody, or control any firearm or any other deadly weapon unless the
court of commitment has found the person to have recovered sanity,
pursuant to Section 1026.2 of the Penal Code or the law of any other
state or the United States.
(2) The court shall immediately notify the
Department of Justice of the court order finding the person to be a
person described in paragraph (1) as soon as possible, but not
later than two court days after issuing the order . The court
shall also notify the Department of Justice when it finds that the
person has recovered his or her sanity as soon as possible, but
not later than two court days after making the finding .
(d) (1) No person found by a court to be mentally incompetent to
stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code or
the law of any other state or the United States, shall purchase or
receive, or attempt to purchase or receive, or shall have in his or
her possession, custody, or control, any firearm or any other deadly
weapon, unless there has been a finding with respect to the person of
restoration to competence to stand trial by the committing court,
pursuant to Section 1372 of the Penal Code or the law of any other
state or the United States.
(2) The court shall immediately notify the
Department of Justice of the court order finding the person to be
mentally incompetent as described in paragraph (1) as soon as
possible, but not later than two court days after issuing the order
. The court shall also notify the Department of Justice when it
finds that the person has recovered his or her competence as
soon as possible, but not later than two court days after making the
finding .
(e) (1) No person who has been placed under conservatorship by a
court, pursuant to Section 5350 or the law of any other state or the
United States, because the person is gravely disabled as a result of
a mental disorder or impairment by chronic alcoholism, shall purchase
or receive, or attempt to purchase or receive, or shall have in his
or her possession, custody, or control, any firearm or any other
deadly weapon while under the conservatorship if, at the time the
conservatorship was ordered or thereafter, the court which imposed
the conservatorship found that possession of a firearm or any other
deadly weapon by the person would present a danger to the safety of
the person or to others. Upon placing any person under
conservatorship, and prohibiting firearm or any other deadly weapon
possession by the person, the court shall notify the person of this
prohibition.
(2) The court shall immediately notify the
Department of Justice of the court order placing the person under
conservatorship and prohibiting firearm or any other deadly weapon
possession by the person as described in paragraph (1) as soon
as possible, but not later than two court days after placing the
person under conservatorship . The notice shall include the
date the conservatorship was imposed and the date the conservatorship
is to be terminated. If the conservatorship is subsequently
terminated before the date listed in the notice to the Department of
Justice or the court subsequently finds that possession of a firearm
or any other deadly weapon by the person would no longer present a
danger to the safety of the person or others, the court shall
immediately notify the Department of Justice
as soon as possible, but not later than two court days after
terminating the conservatorship .
(3) All information provided to the Department of Justice pursuant
to paragraph (2) shall be kept confidential, separate, and apart
from all other records maintained by the Department of Justice, and
shall be used only to determine eligibility to purchase or possess
firearms or other deadly weapons. Any person who knowingly furnishes
that information for any other purpose is guilty of a misdemeanor.
All the information concerning any person shall be destroyed upon
receipt by the Department of Justice of notice of the termination of
conservatorship as to that person pursuant to paragraph (2).
(f) (1) No person who has been (A) taken into custody as provided
in Section 5150 because that person is a danger to himself, herself,
or to others, (B) assessed within the meaning of Section 5151, and
(C) admitted to a designated facility within the meaning of Sections
5151 and 5152 because that person is a danger to himself, herself, or
others, shall own, possess, control, receive, or purchase, or
attempt to own, possess, control, receive, or purchase any firearm
for a period of five years after the person is released from the
facility. A person described in the preceding sentence, however, may
own, possess, control, receive, or purchase, or attempt to own,
possess, control, receive, or purchase any firearm if the superior
court has, pursuant to paragraph (5), found that the people of the
State of California have not met their burden pursuant to paragraph
(6).
(2) (A) For each person subject to this subdivision, the facility
shall immediately, on the date ,
within 24 hours of the time of admission, submit a report to
the Department of Justice, on a form prescribed by the Department of
Justice, containing information that includes, but is not limited to,
the identity of the person and the legal grounds upon which the
person was admitted to the facility.
Any report submitted pursuant to this paragraph shall be
confidential, except for purposes of the court proceedings described
in this subdivision and for determining the eligibility of the person
to own, possess, control, receive, or purchase a firearm.
(B) Commencing July 1, 2012, facilities shall submit reports
pursuant to this paragraph exclusively by electronic means, in a
manner prescribed by the Department of Justice.
(3) Prior to, or concurrent with, the discharge, the facility
shall inform a person subject to this subdivision that he or she is
prohibited from owning, possessing, controlling, receiving, or
purchasing any firearm for a period of five years. Simultaneously,
the facility shall inform the person that he or she may request a
hearing from a court, as provided in this subdivision, for an order
permitting the person to own, possess, control, receive, or purchase
a firearm. The facility shall provide the person with a form for a
request for a hearing. The Department of Justice shall prescribe the
form. Where the person requests a hearing at the time of discharge,
the facility shall forward the form to the superior court unless the
person states that he or she will submit the form to the superior
court.
(4) The Department of Justice shall provide the form upon request
to any person described in paragraph (1). The Department of Justice
shall also provide the form to the superior court in each county. A
person described in paragraph (1) may make a single request for a
hearing at any time during the five-year period. The request for
hearing shall be made on the form prescribed by the department or in
a document that includes equivalent language.
(5) Any person who is subject to paragraph (1) who has requested a
hearing from the superior court of his or her county of residence
for an order that he or she may own, possess, control, receive, or
purchase firearms shall be given a hearing. The clerk of the court
shall set a hearing date and notify the person, the Department of
Justice, and the district attorney. The people of the State of
California shall be the plaintiff in the proceeding and shall be
represented by the district attorney. Upon motion of the district
attorney, or on its own motion, the superior court may transfer the
hearing to the county in which the person resided at the time of his
or her detention, the county in which the person was detained, or the
county in which the person was evaluated or treated. Within seven
days after the request for a hearing, the Department of Justice shall
file copies of the reports described in this section with the
superior court. The reports shall be disclosed upon request to the
person and to the district attorney. The court shall set the hearing
within 30 days of receipt of the request for a hearing. Upon showing
good cause, the district attorney shall be entitled to a continuance
not to exceed 14 days after the district attorney was notified of the
hearing date by the clerk of the court. If additional continuances
are granted, the total length of time for continuances shall not
exceed 60 days. The district attorney may notify the county mental
health director of the hearing who shall provide information about
the detention of the person that may be relevant to the court and
shall file that information with the superior court. That information
shall be disclosed to the person and to the district attorney. The
court, upon motion of the person subject to paragraph (1)
establishing that confidential information is likely to be discussed
during the hearing that would cause harm to the person, shall conduct
the hearing in camera with only the relevant parties present, unless
the court finds that the public interest would be better served by
conducting the hearing in public. Notwithstanding any other law,
declarations, police reports, including criminal history information,
and any other material and relevant evidence that is not excluded
under Section 352 of the Evidence Code shall be admissible at the
hearing under this section.
(6) The people shall bear the burden of showing by a preponderance
of the evidence that the person would not be likely to use firearms
in a safe and lawful manner.
(7) If the court finds at the hearing set forth in paragraph (5)
that the people have not met their burden as set forth in paragraph
(6), the court shall order that the person shall not be subject to
the five-year prohibition in this section on the ownership, control,
receipt, possession, or purchase of firearms, and that person
shall comply with the procedure described in Chapter 2 (commencing
with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal
Code for the return of any firearms. A copy of the order shall
be submitted to the Department of Justice. Upon receipt of the order,
the Department of Justice shall delete any reference to the
prohibition against firearms from the person's state mental health
firearms prohibition system information.
(8) Where the district attorney declines or fails to go forward in
the hearing, the court shall order that the person shall not be
subject to the five-year prohibition required by this subdivision on
the ownership, control, receipt, possession, or purchase of firearms.
A copy of the order shall be submitted to the Department of Justice.
Upon receipt of the order, the Department of Justice shall, within
15 days, delete any reference to the prohibition against firearms
from the person's state mental health firearms prohibition system
information , and that person shall comply with the procedure
described in Chapter 2 (commencing with Section 33850) of
Division 11 of Title 4 of Part 6 of the Penal Code for the return of
any firearms .
(9) Nothing in this subdivision shall prohibit the use of reports
filed pursuant to this section to determine the eligibility of
persons to own, possess, control, receive, or purchase a firearm if
the person is the subject of a criminal investigation, a part of
which involves the ownership, possession, control, receipt, or
purchase of a firearm.
(g) (1) No person who has been certified for intensive treatment
under Section 5250, 5260, or 5270.15 shall own, possess, control,
receive, or purchase, or attempt to own, possess, control, receive,
or purchase, any firearm for a period of five years.
Any person who meets the criteria contained in subdivision (e) or
(f) who is released from intensive treatment shall nevertheless, if
applicable, remain subject to the prohibition contained in
subdivision (e) or (f).
(2) (A) For each person certified for intensive treatment under
paragraph (1), the facility shall immediately
, within 24 hours of the certification, submit a report to the
Department of Justice, on a form prescribed by the department,
containing information regarding the person, including, but not
limited to, the legal identity of the person and the legal grounds
upon which the person was certified. Any report submitted pursuant to
this paragraph shall only be used for the purposes specified in
paragraph (2) of subdivision (f).
(B) Commencing July 1, 2012, facilities shall submit reports
pursuant to this paragraph exclusively by electronic means, in a
manner prescribed by the Department of Justice.
(3) Prior to, or concurrent with, the discharge of each person
certified for intensive treatment under paragraph (1), the facility
shall inform the person of that information specified in paragraph
(3) of subdivision (f).
(4) Any person who is subject to paragraph (1) may petition the
superior court of his or her county of residence for an order that he
or she may own, possess, control, receive, or purchase firearms. At
the time the petition is filed, the clerk of the court shall set a
hearing date and notify the person, the Department of Justice, and
the district attorney. The people of the State of California shall be
the respondent in the proceeding and shall be represented by the
district attorney. Upon motion of the district attorney, or on its
own motion, the superior court may transfer the petition to the
county in which the person resided at the time of his or her
detention, the county in which the person was detained, or the county
in which the person was evaluated or treated. Within seven days
after receiving notice of the petition, the Department of Justice
shall file copies of the reports described in this section with the
superior court. The reports shall be disclosed upon request to the
person and to the district attorney. The district attorney shall be
entitled to a continuance of the hearing to a date of not less than
14 days after the district attorney was notified of the hearing date
by the clerk of the court. The district attorney may notify the
county mental health director of the petition, and the county mental
health director shall provide information about the detention of the
person that may be relevant to the court and shall file that
information with the superior court. That information shall be
disclosed to the person and to the district attorney. The court, upon
motion of the person subject to paragraph (1) establishing that
confidential information is likely to be discussed during the hearing
that would cause harm to the person, shall conduct the hearing in
camera with only the relevant parties present, unless the court finds
that the public interest would be better served by conducting the
hearing in public. Notwithstanding any other provision of law, any
declaration, police reports, including criminal history information,
and any other material and relevant evidence that is not excluded
under Section 352 of the Evidence Code, shall be admissible at the
hearing under this section. If the court finds by a preponderance of
the evidence that the person would be likely to use firearms in a
safe and lawful manner, the court may order that the person may own,
control, receive, possess, or purchase firearms, and that person
shall comply with the procedure described in Chapter 2 (commencing
with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal
Code for the return of any firearms. A copy of the order shall
be submitted to the Department of Justice. Upon receipt of the order,
the Department of Justice shall delete any reference to the
prohibition against firearms from the person's state mental health
firearms prohibition system information.
(h) (1) For all persons identified in subdivisions (f)
and (g), facilities shall report to the Department of Justice as
specified in those subdivisions, except facilities shall not report
persons under subdivision (g) if the same persons previously have
been reported under subdivision (f).
Additionally,
(2) Additionally, all facilities
shall report to the Department of Justice upon the discharge of
persons from whom reports have been submitted pursuant to subdivision
(f) or (g). However, a report shall not be filed for persons who are
discharged within 31 days after the date of admission.
(i) (1) No person
who has been ordered by a court to obtain assisted outpatient
treatment pursuant to Article 9 (commencing with Section 5345) of
Chapter 2 of Part 1 of Division 5 shall purchase or receive, or
attempt to purchase or receive, or shall have in his or her
possession, custody, or control, any firearm or any other deadly
weapon while subject to assisted outpatient treatment. Upon placing
any person under assisted outpatient treatment, the court shall
notify the person of this prohibition.
(2) The court shall notify the Department of Justice of the court
order placing the person in assisted outpatient treatment and
prohibiting firearm or any other deadly weapon possession by the
person described in paragraph (1) within two days of the order. The
court shall also notify the Department of Justice when the person
subject to paragraph (1) is no longer subject to assisted outpatient
treatment. Any report submitted pursuant to this paragraph shall be
confidential, except for purposes of the court proceedings specified
in this subdivision and for purposes of determining the eligibility
of the person to own, possess, control, receive, or purchase a
firearm.
(i)
(j) Every person who owns or possesses or has under his
or her custody or control, or purchases or receives, or attempts to
purchase or receive, any firearm or any other deadly weapon in
violation of this section shall be punished by imprisonment pursuant
to subdivision (h) of Section 1170 of the Penal Code or in a county
jail for not more than one year.
(j)
(k) "Deadly weapon," as used in this section, has the
meaning prescribed by Section 8100.
(l) Any notice or report required to be submitted to the
Department of Justice pursuant to this section shall be submitted in
an electronic format, in a manner prescribed by the Department of
Justice.
SEC. 4. Section 8104 of the Welfare and Institutions Code is
amended to read:
8104. The State Department of State Hospitals shall maintain in a
convenient central location and shall make available to the
Department of Justice those records that the State Department of
State Hospitals has in its possession that are necessary to identify
persons who come within Section 8100 or 8103. Upon request of the
Department of Justice, the State Department of State Hospitals shall
make these records available to the Department of Justice in
electronic format within 24 hours of receiving the request. The
Department of Justice shall make these requests only with respect to
its duties with regard to applications for permits for, or to carry,
or the possession, purchase, or transfer of, explosives as defined in
Section 12000 of the Health and Safety Code, devices defined in
Section 16250, 16530, or 16640 of the Penal Code, in subdivisions (a)
to (d), inclusive, of Section 16520 of the Penal Code, or in
subdivision (a) of Section 16840 of the Penal Code, machineguns as
defined in Section 16880 of the Penal Code, short-barreled shotguns
or short-barreled rifles as defined in Sections 17170 and 17180 of
the Penal Code, assault weapons as defined in Section 30510 of the
Penal Code, and destructive devices as defined in Section 16460 of
the Penal Code, or to determine the eligibility of a person to
acquire, carry, or possess a firearm, explosive, or destructive
device by a person who is subject to a criminal investigation, a part
of which involves the acquisition, carrying, or possession of a
firearm by that person. These records shall not be furnished or made
available to any person unless the department determines that
disclosure of any information in the records is necessary to carry
out its duties with respect to applications for permits for, or to
carry, or the possession, purchase, or transfer of, explosives,
destructive devices, devices as defined in Section 16250, 16530, or
16640 of the Penal Code, in subdivisions (a) to (d), inclusive, of
Section 16520 of the Penal Code, or in subdivision (a) of Section
16840 of the Penal Code, short-barreled shotguns, short-barreled
rifles, assault weapons, and machineguns, or to determine the
eligibility of a person to acquire, carry, or possess a firearm,
explosive, or destructive device by a person who is subject to a
criminal investigation, a part of which involves the acquisition,
carrying, or possession of a firearm by that person.
SEC. 5. Section 8105 of the Welfare and Institutions Code is
amended to read:
8105. (a) The Department of Justice shall request each public and
private mental hospital, sanitarium, and institution to submit to
the department that information that the department deems necessary
to identify those persons who are within subdivision (a) of Section
8100, in order to carry out its duties in relation to firearms,
destructive devices, and explosives.
(b) Upon request of the Department of Justice pursuant to
subdivision (a), each public and private mental hospital, sanitarium,
and institution shall submit to the department that information
which the department deems necessary to identify those persons who
are within subdivision (a) of Section 8100, in order to carry out its
duties in relation to firearms, destructive devices, and explosives.
(c) A licensed psychotherapist shall report to a local law
enforcement agency, within 24 hours, in a manner prescribed by the
Department of Justice, the identity of a person subject to
subdivision (b) of Section 8100. Upon receipt of the report, the
local law enforcement agency, on a form prescribed by the Department
of Justice, shall notify the department electronically, within 24
hours, in a manner prescribed by the department, of the person who is
subject to subdivision (b) of Section 8100.
(d) All information provided to the Department of Justice pursuant
to this section shall be kept confidential, separate, and apart from
all other records maintained by the department. The information
provided to the Department of Justice pursuant to this section shall
be used only for any of the following purposes:
(1) By the department to determine eligibility of a person to
acquire, carry, or possess firearms, destructive devices, or
explosives.
(2) For the purposes of the court proceedings described in
subdivision (b) of Section 8100, to determine the eligibility of the
person who is bringing the petition pursuant to paragraph (3) of
subdivision (b) of Section 8100.
(3) To determine the eligibility of a person to acquire, carry, or
possess firearms, destructive devices, or explosives who is the
subject of a criminal investigation, if a part of the criminal
investigation involves the acquisition, carrying, or possession of
firearms, explosives, or destructive devices by that person.
(e) Reports shall not be required or requested under this section
where the same person has been previously reported pursuant to
Section 8103 or 8104.
SEC. 6. Section 3.5 of this bill incorporates
amendments to Section 8103 of the Welfare and Institutions Code
proposed by both this bill and Senate Bill 755. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2014, (2) each bill amends Section 8103 of the
Welfare and Institutions Code, and (3) this bill is enacted after
Senate Bill 755, in which case Section 3 of this bill shall not
become operative.
SEC. 6. SEC. 7. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution for certain costs that may be incurred by a
local agency or school district because, in that regard, this act
creates a new crime or infraction, eliminates a crime or infraction,
or changes the penalty for a crime or infraction, within the meaning
of Section 17556 of the Government Code, or changes the definition of
a crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
However, if the Commission on State Mandates determines that this
act contains other 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.