Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1493

Introduced by Assembly Member Ting

February 22, 2019

An act relating to public safety. to amend Section 18175 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 1493, as amended, Ting. Public safety. Gun violence restraining order: petition.
Existing law authorizes an immediate family member of a person or a law enforcement officer to request that a court, after notice and a hearing, issue a gun violence restraining order against that person. Under existing law, the petitioner has the burden of proving, by clear and convincing evidence, that the subject of the petition poses a significant danger of causing personal injury and that the order is necessary to prevent personal injury, as specified. Under existing law, the restraining order prohibits the subject of the petition from having in their custody or control, or owning, purchasing, possessing, or receiving, a firearm or ammunition for a duration of one year, subject to earlier termination or renewal by the court.
Existing law requires the Judicial Council to prescribe the form of the petitions and orders and any other documents, and to promulgate any rules of court, necessary to implement those provisions.
This bill would authorize the subject of the petition to submit a form to the court voluntarily relinquishing the subject’s firearm rights and stating that the subject is not contesting the petition.

Existing law generally provides for public safety by, among other things, making specified actions a criminal offense punishable by a fine or imprisonment, providing for the enforcement of those laws by law enforcement, and establishing state prisons and county jails for the imprisonment of certain criminal offenders.

This bill would state the intent of the Legislature to enact legislation relating to public safety.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 18175 of the Penal Code is amended to read:

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.
(b) At the hearing, the petitioner shall have has the burden of proving, by clear and convincing evidence, that both of the following are true:
(1) The subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of causing personal injury to himself, herself, themselves or another by having in his or her the subject’s or person’s custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.
(2) A gun violence restraining order is necessary to prevent personal injury to the subject of the petition, or the person subject to an ex parte gun violence restraining order, as applicable, or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject of the petition, or the person subject to an ex parte gun violence restraining order, as applicable.
(c) (1) If the court finds that there is clear and convincing evidence to issue a gun violence restraining order, the court shall issue a gun violence restraining order that prohibits the subject of the petition from having in his or her the subject’s custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition.
(2) If the court finds that there is not clear and convincing evidence to support the issuance of a gun violence restraining order, the court shall dissolve any temporary emergency or ex parte gun violence restraining order then in effect.
(d) The subject of the petition may submit a form to the court voluntarily relinquishing the subject’s firearm rights and stating that the subject is not contesting the petition.

(d)

(e) A gun violence restraining order issued under this chapter has a duration of one year, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and renewal by further order of the court pursuant to Section 18190.

SECTION 1.

It is the intent of the Legislature to enact legislation relating to public safety.