BILL NUMBER: AB 1591 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 17, 2014
AMENDED IN SENATE MAY 20, 2014
INTRODUCED BY Assembly Members Achadjian and Gray
(Principal coauthor: Assembly Member Skinner)
( Coauthor: Assembly Member
Bonta )
( Coauthor: Senator Anderson
)
FEBRUARY 3, 2014
An act to amend Section 8103 of the Welfare and Institutions Code,
relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1591, as amended, Achadjian. Firearms: prohibited persons:
notification.
Existing law requires a court to notify the Department of Justice
of specified court actions that would result in an individual being
prohibited from possessing firearms and deadly weapons or result in
the individual no longer being subject to that prohibition. Under
existing law, notice to the department is required when, among other
instances, a person has been found mentally incompetent to stand
trial, a person has been found not guilty of specified crimes by
reason of insanity, or a person has been placed under conservatorship
and prohibited from possessing firearms or deadly weapons. Existing
law requires the court to notify the department as soon as possible,
but not later than 2 court days after taking the relevant action. The
court is required to submit these notices in an electronic format,
as prescribed by the department.
This bill would reduce that notification deadline from 2 court
days to one court day after taking the relevant action.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 a
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 one court day 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 one court day 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 , one court day
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 one court day 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 one court day 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 one court day
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 one court day
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
that 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 a 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
one court day 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 one court day 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 A
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 A 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 A 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 A 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.