BILL NUMBER: SB 580 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 12, 2014
AMENDED IN SENATE APRIL 17, 2013
INTRODUCED BY Senator Leno
Senators Jackson and Leno
( Principal coauthor: Assembly Member
Williams )
( Coauthor: Senator
Steinberg )
FEBRUARY 22, 2013
An act to amend Section 13964 of, and to add Section
13963.1 to, the Government Code, relating to grants for trauma
centers. An act to add Section 30020 to the Penal
Code, relating to firearms, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 580, as amended, Leno Jackson .
Crime victims: trauma recovery center grants.
Firearms: prohibited persons.
Existing law establishes the Firearms Safety and Enforcement
Special Fund, a continuously appropriated fund, for use by the
Department of Justice for specified purposes related to weapons and
firearms regulation. Existing law provides that certain persons,
including, among others, felons, and certain persons suffering from
mental illness, as specified, are prohibited from possessing
firearms. Existing law requires the Attorney General to establish and
maintain an online database to be known as the Prohibited Armed
Persons File, sometimes referred to as the Armed Prohibited Persons
System, to cross-reference persons who have ownership or possession
of a firearm with those who are prohibited from owning or possessing
a firearm.
This bill would appropriate the sum of $5,000,000 from the
Firearms Safety and Enforcement Special Fund to the Department of
Justice for the 2014-15 fiscal year to contract with local law
enforcement agencies to reduce the backlog of individuals who are
identified by the Armed Prohibited Persons System as illegally
possessing firearms. The bill would additionally appropriate from the
fund, $3,333,334 for the 2014-15 fiscal year, and $3,333,333 for
each of the 2015-16 and 2016-17 fiscal years, to the department to
redesign and update specified computer systems related to firearms,
as specified. The bill would appropriate an additional $50,000 from
the fund to the department for the 2014-15 fiscal year to provide
training to local law enforcement agencies on the use of the
Automated Firearms System. The bill would require that the training
be completed on or before June 1, 2015.
The California Victim Compensation and Government Claims Board
administers a program to assist state residents to obtain
compensation for their pecuniary losses suffered as a direct result
of criminal acts. Payment is made under these provisions from the
Restitution Fund, which is continuously appropriated to the board for
these purposes.
This bill would authorize the board, as specified, to administer a
program to award, upon appropriation by the Legislature, up to $2
million in grants, annually, to trauma recovery centers, as defined.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 30020 is added to the
Penal Code , to read:
30020. Notwithstanding subdivision (b) of Section 28300, the
following amounts are hereby appropriated from the Firearms Safety
and Enforcement Special Fund to the Department of Justice:
(a) The sum of five million dollars ($5,000,000) for the 2014-15
fiscal year to contract with local law enforcement agencies to reduce
the backlog of individuals who are in the Armed Prohibited Persons
System (APPS) and who illegally possess firearms. The focus on
reducing the APPS backlog shall be on both persons with mental
illness who are prohibited persons in possession of firearms and
counties with the largest backlog of prohibited persons in possession
of firearms.
(b) The sum of fifty thousand dollars ($50,000) for the 2014-15
fiscal year to provide training to local law enforcement agencies on
the use of the Automated Firearms System. The training shall be
completed on or before June 1, 2015.
(c) The sum of three million three hundred thirty-three thousand
three hundred thirty-four dollars ($3,333,334) for the 2014-15 fiscal
year and the sum of three million three hundred thirty-three
thousand three hundred thirty-three dollars ($3,333,333) for each of
the 2015-16 and 2016-17 fiscal years to redesign and update the
California Firearms Information Gateway, the Armed Prohibited Persons
System, the Basic Firearms Eligibility Check System, the Applicant
Firearms Eligibility Check System, and the Integrated Document
Retrieval System.
SECTION 1. Section 13963.1 is added to the
Government Code, to read:
13963.1. (a) The Legislature finds and declares all of the
following:
(1) Without treatment, approximately 50 percent of people who
survive a traumatic, violent injury experience lasting or extended
psychological or social difficulties. Untreated psychological trauma
often has severe economic consequences, including overuse of costly
medical services, loss of income, failure to return to gainful
employment, loss of medical insurance, and loss of stable housing.
(2) Victims of crime should receive timely and effective mental
health treatment.
(3) The board shall administer a program to evaluate applications
and award grants to trauma recovery centers.
(b) The board shall only award a grant to a trauma recovery center
that meets both of the following criteria:
(1) The trauma recovery center demonstrates that it serves as a
community resource by providing services, including, but not limited
to, making presentations and providing training to law enforcement,
community-based agencies, and other health care providers on the
identification and effects of violent crime.
(2) Any other related criteria required by the board.
(c) Upon appropriation by the Legislature, the board may award
grants totaling up to two million dollars ($2,000,000) per year. All
grants shall be funded only from the Restitution Fund.
(d) The board may award a grant providing funding for up to a
maximum period of three years. Any portion of a grant that a trauma
recovery center does not use within the specified grant period shall
revert to the Restitution Fund. The board may award consecutive
grants to a trauma recovery center to prevent a lapse in funding. The
board shall not award a trauma recovery center more than one grant
for any period of time.
(e) (1) The board shall not receive, evaluate, or approve
applications for trauma recovery center grants in a fiscal year
unless the Restitution Fund is projected to have a yearend fund
reserve equal to, or greater than, the equivalent of 25 percent of
total budgeted expenditures for the fund, as projected in the January
budget proposed by the Governor pursuant to Section 12 of Article IV
of the California Constitution.
(2) Grants awarded to trauma recovery centers shall not result in
a yearend balance to the Restitution Fund of less than 25 percent of
total budgeted expenditures for the fund, as projected in the January
budget proposed by the Governor pursuant to Section 12 of Article IV
of the California Constitution.
(f) The board, when considering grant applications, shall give
preference to a trauma recovery center that conducts outreach to, and
serves, both of the following:
(1) Crime victims who typically are unable to access traditional
services, including, but not limited to, victims who are homeless,
chronically mentally ill, of diverse ethnicity, members of immigrant
and refugee groups, disabled, who have severe trauma-related symptoms
or complex psychological issues, or juvenile victims, including a
minor who has had contact with the juvenile dependency system or
falls under Section 601 of the Welfare and Institutions Code.
(2) Victims of a wide range of crimes, including, but not limited
to, victims of sexual assault, domestic violence, physical assault,
shooting, stabbing, and vehicular assault, and family members of
homicide victims.
(g) The trauma recovery center sites shall be selected by the
board through a well-defined selection process that takes into
account the rate of crime and geographic distribution to serve the
greatest number of victims.
(h) A trauma recovery center that is awarded a grant shall do both
of the following:
(1) Report to the board annually on how grant funds were spent,
how many clients were served (counting an individual client who
receives multiple services only once), units of service, staff
productivity, treatment outcomes, and patient flow throughout both
the clinical and evaluation components of service.
(2) In compliance with federal statutes and rules governing
federal matching funds for victims' services, each center shall
submit any forms and data requested by the board to allow the board
to receive the 60 percent federal matching funds for eligible victim
services and allowable expenses.
(i) For purposes of this section, a "trauma recovery center"
provides, including, but not limited to, all of the following
resources, treatments, and recovery services to crime victims:
(1) Mental health services.
(2) Assertive community-based outreach and clinical case
management.
(3) Coordination of care among medical and mental health care
providers, law enforcement agencies, and other social services.
(4) Services to family members and loved ones of homicide victims.
(5) A multidisciplinary staff of clinicians that includes
psychiatrists, psychologists, and social workers.
SEC. 2. Section 13964 of the Government Code is
amended to read:
13964. (a) Claims under this chapter shall be paid from the
Restitution Fund.
(b) Notwithstanding Section 13340, except for funds to support
trauma recovery center grants pursuant to Section 13963.1, the
proceeds in the Restitution Fund are hereby continuously appropriated
to the board, without regard to fiscal years, for the purposes of
this chapter. However, the funds appropriated pursuant to this
section for administrative costs of the board shall be subject to
annual review through the State Budget process.
(c) A sum not to exceed 15 percent of the amount appropriated
annually to pay claims pursuant to this chapter may be withdrawn from
the Restitution Fund, to be used as a revolving fund by the board
for the payment of emergency awards pursuant to Section 13961.