BILL NUMBER: SB 127	CHAPTERED
	BILL TEXT

	CHAPTER  753
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2013
	APPROVED BY GOVERNOR  OCTOBER 11, 2013
	PASSED THE SENATE  MAY 20, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2013
	AMENDED IN SENATE  MAY 6, 2013
	AMENDED IN SENATE  APRIL 1, 2013
	AMENDED IN SENATE  MARCH 19, 2013

INTRODUCED BY   Senator Gaines

                        JANUARY 22, 2013

   An act to amend Section 8105 of the Welfare and Institutions Code,
relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 127, Gaines. Firearms: mentally disordered persons.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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.