Assemblymember Nancy Skinner (D-Berkeley) and others announced the signing of Assembly Bill 1014 today at the Emeryville Police Department. Co-authored by Assemblymember Das Williams (D–Santa Barbara) and Senator Hannah-Beth Jackson (D–Santa Barbara), the bill will create a restraining order to allow the temporary removal of firearms from individuals who are at risk for committing acts of violence.
“Family members are often the first to spot the warning signs when someone is in crisis,” said Assemblymember Skinner. “AB 1014 strengthens our mental health and gun control laws by providing an effective tool which family members and law enforcement can use to help prevent shootings before they occur.”
“We applaud Governor Brown for signing this important legislation,” said Juliet Leftwich, Legal Director of the Law Center to Prevent Gun Violence, an organization formed in the wake of the 101 California St. assault weapons massacre in San Francisco. “AB 1014 will provide families and law enforcement with a valuable new tool to help keep guns out of the wrong hands. We are very grateful to Assemblymember Skinner for introducing this innovative law and for her many years of leadership in the area of gun violence prevention.”
The recent shootings in Isla Vista—after the parents of the disturbed young man desperately tried but failed to get help before their son’s killing spree—provides an example of how options are limited for families in crisis.
“For years, law enforcement has seen a gap in the law and been frustrated by the fact that we can’t take action until after gun violence has devastated our families and communities, when it’s too late,” said Emeryville Police Chief Ken James. “Governor Brown has done the right thing by signing AB 1014, which fills that gap. AB 1014 gives law enforcement and family members a way to prevent gun violence before it happens.”
AB 1014 establishes a Gun Violence Restraining Order (GVRO) that enables family members or law enforcement to obtain a court order that will allow an individual’s firearms to be taken for safekeeping and prohibit the individual from making new gun purchases. To issue a GVRO a judge must determine there is credible evidence that the person is at risk for violence. The order would then remain in place for up to a year. Currently, Connecticut, Indiana and Texas have similar laws. The legislation is modeled on California’s domestic violence restraining order law and retains important due process provisions, including the right to challenge the court order.
“AB 1014 puts California at the lead in common sense gun protection,” Assemblymember Skinner said, “it makes California the first state to enable family members to temporarily limit access to firearms while help, such as mental health or substance abuse treatment, is sought.”
Elected in 2008, Assemblymember Nancy Skinner (D-Berkeley) represents the 15th Assembly District, which includes Hercules, Pinole, El Sobrante, San Pablo, Richmond, El Cerrito, Kensington, Albany, Berkeley, Emeryville, Piedmont and parts of Oakland. Skinner serves as Chair of the Assembly Budget Committee. www.asmdc.org/Skinner
Here is a look at the Bill
LEGISLATIVE COUNSEL’S DIGEST
The people of the State of California do enact as follows:
SECTION 1.
Section 1524 of the Penal Code is amended to read:
1524.
(a) A search warrant may be issued upon any of the following grounds:
SEC. 2.
Section 1542.5 is added to the Penal Code, immediately following Section 1542, to read:
1542.5.
Notwithstanding any other law, with regards to a search warrant issued upon the grounds specified in paragraph (14) of subdivision (a) of Section 1524, the following shall apply:
SEC. 3.
Division 3.2 (commencing with Section 18100) is added to Title 2 of Part 6 of the Penal Code, to read:
DIVISION 3.2. Gun Violence Restraining Orders
CHAPTER 1. General
18100.
A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition. This division establishes a civil restraining order process to accomplish that purpose.
18105.
The Judicial Council shall prescribe the form of the petitions and orders and any other documents, and shall promulgate any rules of court, necessary to implement this division.
18107.
A petition for a gun violence restraining order shall describe the number, types, and locations of any firearms and ammunition presently believed by the petitioner to be possessed or controlled by the subject of the petition.
18109.
Nothing in this division shall be interpreted to require a law enforcement agency or a law enforcement officer to seek a gun violence restraining order in any case, including, but not limited to, in a case in which the agency or officer concludes, after investigation, that the criteria for issuance of a gun violence restraining order are not satisfied.
18110.
Prior to a hearing on the issuance, renewal, or termination of an order under Chapter 3 (commencing with Section 18150) or Chapter 4 (commencing with Section 18170), the court shall ensure that a search as described in subdivision (a) of Section 6306 of the Family Code is conducted. After issuing its ruling, the court shall provide the advisement described in subdivision (c) of Section 6306 of the Family Code and shall keep information obtained from a search conducted pursuant to this section confidential in accordance with subdivision (d) of Section 6306 of the Family Code.
18115.
(a) The court shall notify the Department of Justice when a gun violence restraining order has been issued or renewed under this division no later than one court day after issuing or renewing the order.
18120.
(a) A person subject to a gun violence restraining order issued pursuant to this division shall not have in his or her custody or control, own, purchase, possess, or receive any firearms or ammunition while that order is in effect.
18122.
This division shall become operative on January 1, 2016.
CHAPTER 2. Temporary Emergency Gun Violence Restraining Order
18125.
(a) A temporary emergency gun violence restraining order may be issued on an ex parte basis only if a law enforcement officer asserts, and a judicial officer finds, that there is reasonable cause to believe both of the following:
18130.
A temporary emergency gun violence restraining order is valid only if it is issued by a judicial officer after making the findings required by Section 18125 and pursuant to a specific request by a law enforcement officer.
18135.
A temporary emergency gun violence restraining order issued under this chapter shall include all of the following:
18140.
A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:
18145.
(a) (1) Except as provided in paragraph (2), the petition for a temporary emergency gun violence restraining order shall be obtained by submitting a written petition to the court.
CHAPTER 3. Ex Parte Gun Violence Restraining Order
18150.
(a) (1) An immediate family member of a person or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.
18155.
(a) (1) The court, before issuing an ex parte gun violence restraining order, shall examine on oath, the petitioner and any witness the petitioner may produce.
18160.
(a) An ex parte gun violence restraining order issued under this chapter shall include all of the following:
18165.
Within 21 days after the date on the order, before the court that issued the order or another court in the same jurisdiction, the court shall hold a hearing pursuant to Section 18175 to determine if a gun violence restraining order should be issued under Chapter 4 (commencing with Section 18170).
CHAPTER 4. Gun Violence Restraining Order Issued After Notice and Hearing
18170.
(a) An immediate family member of a person or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.
18175.
(a) In determining whether to issue a gun violence restraining order under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and may consider any other evidence of an increased risk for violence, including, but not limited to, evidence of the facts identified in paragraph (2) of subdivision (b) of Section 18155.
18180.
(a) A gun violence restraining order issued pursuant to this chapter shall include all of the following:
18185.
(a) A person subject to a gun violence restraining order issued under this chapter may submit one written request at any time during the effective period of the order for a hearing to terminate the order.
18190.
(a) (1) An immediate family member of a restrained person or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order.
18195.
Any hearing held pursuant to this chapter may be continued upon a showing of good cause. Any existing order issued pursuant to this division shall remain in full force and effect during the period of continuance.
18197.
If a person subject to a gun violence restraining order issued or renewed pursuant to this chapter was not present in court at the time the order was issued or renewed, the gun violence restraining order shall be personally served on the restrained person by a law enforcement officer or any person who is at least 18 years of age and not a party to the action, as provided in Section 414.10 of the Code of Civil Procedure, if the restrained person can reasonably be located.
CHAPTER 5. Offenses
18200.
Every person who files a petition for an ex parte gun violence restraining order pursuant to Chapter 3 (commencing with Section 18150) or a gun violence restraining order issued after notice and a hearing pursuant to Chapter 4 (commencing with Section 18170), knowing the information in the petition to be false or with the intent to harass, is guilty of a misdemeanor.
18205.
Every person who owns or possesses a firearm or ammunition with knowledge that he or she is prohibited from doing so by a temporary emergency gun violence restraining order issued pursuant to Chapter 2 (commencing with Section 18125), an ex parte gun violence restraining order issued pursuant to Chapter 3 (commencing with Section 18150), or a gun violence restraining order issued after notice and a hearing issued pursuant to Chapter 4 (commencing with Section 18170), is guilty of a misdemeanor and shall be prohibited from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a five-year period, to commence upon the expiration of the existing gun violence restraining order.
SEC. 4.
Section 18250 of the Penal Code is amended to read:
18250.
(a) If any of the following persons is at the scene of a domestic violence incident involving a threat to human life or a physical assault, or is serving a protective order as defined in Section 6218 of the Family Code, that person shall take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or other lawful search as necessary for the protection of the peace officer or other persons present:
SEC. 4.5.
Section 18250 of the Penal Code is amended to read:
18250.
(a) If any of the following persons is at the scene of a domestic violence incident involving a threat to human life or a physical assault, is serving a protective order as defined in Section 6218 of the Family Code, or is serving a gun violence restraining order issued pursuant to Division 3.2 (commencing with Section 18100), that person shall take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or other lawful search as necessary for the protection of the peace officer or other persons present:
SEC. 5.
Section 18250 is added to the Penal Code, to read:
18250.
(a) If any of the following persons is at the scene of a domestic violence incident involving a threat to human life or a physical assault, is serving a protective order as defined in Section 6218 of the Family Code, or is serving a gun violence restraining order issued pursuant to Division 3.2 (commencing with Section 18100), that person shall take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or other lawful search as necessary for the protection of the peace officer or other persons present:
SEC. 5.5.
Section 18250 is added to the Penal Code, to read:
18250.
(a) If any of the following persons is at the scene of a domestic violence incident involving a threat to human life or a physical assault, is serving a protective order as defined in Section 6218 of the Family Code, or is serving a gun violence restraining order issued pursuant to Division 3.2 (commencing with Section 18100), that person shall take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or other lawful search as necessary for the protection of the peace officer or other persons present:
SEC. 6.
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 information the department deems necessary to identify those persons who are subject to the prohibition specified by subdivision (a) of Section 8100, in order to carry out its duties in relation to firearms, destructive devices, and explosives.
SEC. 7.
Section 8105 is added to the Welfare and Institutions Code, to read:
8105.
(a) The Department of Justice shall request each public and private mental hospital, sanitarium, and institution to submit to the department information the department deems necessary to identify those persons who are subject to the prohibition specified by subdivision (a) of Section 8100, in order to carry out its duties in relation to firearms, destructive devices, and explosives.
SEC. 8.
The Legislature finds and declares that Section 3 of this act, which adds Section 18110 to the Penal Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
SEC. 9.
Sections 4.5 and 5.5 of this bill incorporate amendments to Section 18250 of the Penal Code proposed by both this bill and Senate Bill 1154. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2015, (2) each bill amends Section 18250 of the Penal Code, and (3) this bill is enacted after Senate Bill 1154, in which case Sections 4 and 5 of this bill shall not become operative.
SEC. 10.
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.
1 comment
Next he’s going to come for our plastic bags! 😉
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