Susan Talamantes Eggman
- District 5
Existing law prohibits a person subject to a protective order, as defined, from owning, possessing, purchasing, or receiving a firearm while that protective order is in effect and makes a willful and knowing violation of a protective order a crime. Existing law requires the court, when issuing the order with both parties present, to inform the parties of this information and to order the restrained person to relinquish any firearm in the person's immediate possession or control or subject to their immediate possession or control. This bill would require a court to notify the parties of how any firearms still in the restrained party's possession are to be relinquished and how to submit a receipt to the court. The bill would require the court to review the file to determine whether the receipt has been filed and inquire as to whether the person has complied with the requirement. The bill would require violations of the firearms prohibition to be reported to the prosecuting attorney in the jurisdiction where the order has been issued within 2 business days of the court hearing unless the restrained party provides a receipt showing compliance at a subsequent hearing or by direct filing with the clerk of the court. This bill would also require the court, at a noticed hearing relating to a domestic violence protective order in family court or juvenile court, to consider information presented that the restrained person has possession or control of a firearm. The bill would authorize the court, upon making this finding, to set a review hearing, as specified, to determine whether the person has possession or control of a firearm in violation of the above provisions. Existing law requires a court, prior to a hearing on the issuance or denial of a protective order, to ensure that a search has been conducted to determine if the subject of the order has been convicted of a serious or violent felony, a misdemeanor conviction involving domestic violence, weapons, or other violence, has an outstanding warrant, is currently on parole or probation, has a registered firearm, or has a prior restraining order or a violation of a restraining order. Existing law requires the court to notify law enforcement officials if some of those conditions exist, including the person being on parole or probation or having an outstanding warrant. This bill, as part of the search, would require the court to make a written record as to whether the subject has relinquished the firearm. If evidence of compliance with firearms prohibitions is not provided, the bill would require the clerk of the court to notify law enforcement officials and would require those law enforcement officials to take all actions necessary to obtain any firearms owned, possessed, or controlled and to address any violation of the order with respect to firearms, as specified. By requiring additional duties of local law enforcement officials, this bill would impose a state-mandated local program. Existing law requires a family court to determine the best interest of the child for purposes of deciding child custody in proceedings for dissolution of marriage, nullity of marriage, legal separation of the parties, petitions for exclusive custody of a child, and proceedings under the Domestic Violence Prevention Act. Existing law establishes a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of a child and establishes factors to be considered in rebutting that presumption, including that the perpetrator is restrained by a protective order and has, or has not, complied with that order. This bill, for purposes of rebutting the presumption, would require the court to also consider whether the person is a restrained person in possession or control of a firearm in violation of the law. Existing law authorizes the court to issue an ex parte order determining the temporary custody and visitation of a minor child, on the conditions the court determines, to a party who has established a parent and child relationship with the child, based on the best interest of the child. Existing law authorizes the court to suspend or deny custody or visitation or to limit visitation or custody only to situations in which a 3rd person is present. This bill would require the court, in making that determination, to consider whether the party is a restrained person in possession or control of a firearm. 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.
April 19 hearing: Placed on APPR suspense file.
Set for hearing April 19.
From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0.) (March 23).
Set for hearing March 23.
Set for hearing March 9.
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
(Ayes 32. Noes 4.)
Art. IV. Sec. 8(a) of the Constitution dispensed with.
From printer. May be acted upon on or after March 7.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
|Bill Text Versions||Format|
|02/04/21 - Introduced|
|03/25/21 - Amended Senate|
|No related documents.|
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