CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 339

Introduced by Assembly Member Irwin

January 31, 2019

An act to add Section 18108 to the Penal Code, relating to gun violence restraining orders.


LEGISLATIVE COUNSEL'S DIGEST


AB 339, as introduced, Irwin. Gun violence restraining orders: law enforcement procedures.
Existing law authorizes a law enforcement officer to request, and a judicial officer to issue on an ex parte basis, a temporary emergency gun violence restraining order that prohibits a person from having custody or control of any firearms or ammunition if the person poses a significant danger of causing personal injury to themselves or another by having a firearm or ammunition. Existing law establishes a civil restraining order process to accomplish that purpose.
Existing law also authorizes an immediate family member to petition the court for an ex parte temporary gun violence restraining order.
Existing law authorizes a court, after notice and hearing, to issue a gun violence restraining order for a period of one year which may be renewed, as specified.
This bill would require each law enforcement agency to develop and adopt written policies and standards regarding the use of gun violence restraining orders.
By requiring local law enforcement agencies to develop new policies, this bill would impose a state-mandated locaal program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 18108 is added to the Penal Code, to read:

18108.
 (a) Each law enforcement agency shall, on or before January 1, 2021, develop, adopt, and implement written policies and standards relating to gun violence restraining orders.
(b) The policies and standards shall instruct officers to consider the use of a gun violence restraining order during a domestic disturbance response to any residence which is associated with a firearm registration or record, during a response in which a firearm is present, or during a response in which one of the involved parties owns or possesses a firearm. The policies and standards should reflect the policy of the agency to encourage the use of gun violence restraining orders when policies and standards are met to prevent future violence involving a firearm.
(c) The policies and standards should also instruct officers to consider the use of a gun violence restraining order during a contact with a person exhibiting mental health issues, including suicidal thoughts, statements, or actions, if that person owns or possesses a firearm. The policies and standards shall encourage officers encountering situations in which there is reasonable cause to believe that the person poses an immediate and present danger of causing personal injury to themselves or another person by having custody or control of a firearm, to consider obtaining a mental health evaluation of the person by a medically trained professional or to detain the person for mental health evaluation pursuant to agency policy relating to Section 5150 of the Welfare and Institutions Code. The policies and standards should reflect the policy of the agency to prevent access to firearms by persons who, due to mental health issues, pose a danger to themselves or to others by owning or possessing a firearm.
(d) The written policies and standards developed pursuant to this section shall, without limitation, include all of the following:
(1) Standards and procedures for requesting and serving a temporary emergency gun violence restraining order.
(2) Standards and procedures for requesting and serving an ex parte gun violence restraining order.
(3) Standards and procedures for requesting and serving a gun violence restraining order issued after notice and hearing.
(4) Standards and procedures for the seizure of firearms and ammunition at the time of issuance of a temporary emergency gun violence restraining order.
(5) Standards and procedures for verifying the removal of firearms and ammunition from the subject of a gun violence restraining order.
(6) Standards and procedures for obtaining and serving a search warrant for firearms and ammunition.
(6) Responsibility of officers to attend gun violence restraining order hearings.
(7) Standards and procedures for requesting renewals of expiring gun violence restraining orders.
(8) Training of officers on standards and procedures.
(e) In developing these policies and standards, law enforcement agencies are encouraged to consult with gun violence prevention experts and mental health professionals.
(f) Policies developed pursuant to this section shall be made available to the public upon request.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.