BILL NUMBER: SB 127	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013
	AMENDED IN SENATE  MARCH 19, 2013

INTRODUCED BY   Senator Gaines

                        JANUARY 22, 2013

   An act to amend  Sections 8104 and   Section
 8105 of the Welfare and Institutions Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 127, as amended, Gaines. Firearms: mentally disordered 
persons: report to Department of Justice.   persons.
 
   (1) Existing law prohibits mentally ill persons who meet specified
criteria from possessing firearms or deadly weapons. Existing law
requires the State Department of State Hospitals to maintain records
in its possession that are necessary to identify persons who come
within this prohibition and to make these records available to the
Department of Justice upon request.  
   This bill would require the State Department of State Hospitals to
make these records available to the Department of Justice
electronically, within 24 hours, in a manner prescribed by the
Department of Justice.  
   (2) Existing 
    Existin   g  law prohibits a person from
possessing a firearm or deadly weapon for a period of 6 months when
the person has communicated a serious threat of physical violence
against a reasonably identifiable victim or victims to a licensed
psychotherapist. Existing law requires the licensed psychotherapist
to immediately report the identity of the person to a local law
enforcement agency, and requires the local law enforcement agency to
immediately notify the Department of Justice.
   This bill would instead require the licensed psychotherapist to
make the report to local law enforcement electronically, within 24
hours, in a manner prescribed by the department. The bill would also
require the local law enforcement agency receiving the report to
notify the department electronically within 24 hours, in a manner
prescribed by the department.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 8104 of the Welfare and
Institutions Code is amended to read:
   8104.  The State Department of State Hospitals shall maintain in a
convenient central location and shall make available to the
Department of Justice those records that the State Department of
State Hospitals has in its possession that are necessary to identify
persons who come within Section 8100 or 8103. These records shall be
made available to the Department of Justice electronically, within 24
hours, in a manner prescribed by the Department of Justice, upon
request. The Department of Justice shall make these requests only
with respect to its duties with regard to applications for permits
for, or to carry, or the possession, purchase, or transfer of,
explosives as defined in Section 12000 of the Health and Safety Code,
devices defined in Section 16250, 16530, or 16640 of the Penal Code,
in subdivisions (a) to (d), inclusive, of Section 16520 of the Penal
Code, or in subdivision (a) of Section 16840 of the Penal Code,
machineguns as defined in Section 16880 of the Penal Code,
short-barreled shotguns or short-barreled rifles as defined in
Sections 17170 and 17180 of the Penal Code, assault weapons as
defined in Section 30510 of the Penal Code, and destructive devices
as defined in Section 16460 of the Penal Code, or to determine the
eligibility of a person to acquire, carry, or possess a firearm,
explosive, or destructive device by a person who is subject to a
criminal investigation, a part of which involves the acquisition,
carrying, or possession of a firearm by that person. These records
shall not be furnished or made available to any person unless the
department determines that disclosure of any information in the
records is necessary to carry out its duties with respect to
applications for permits for, or to carry, or the possession,
purchase, or transfer of, explosives, destructive devices, devices as
defined in Section 16250, 16530, or 16640 of the Penal Code, in
subdivisions (a) to (d), inclusive, of Section 16520 of the Penal
Code, or in subdivision (a) of Section 16840 of the Penal Code,
short-barreled shotguns, short-barreled rifles, assault weapons, and
machineguns, or to determine the eligibility of a person to acquire,
carry, or possess a firearm, explosive, or destructive device by a
person who is subject to a criminal investigation, a part of which
involves the acquisition, carrying, or possession of a firearm by
that person.
   SEC. 2.   SECTION 1.   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 that information that the department deems necessary
to identify those persons who are within subdivision (a) of Section
8100, in order to carry out its duties in relation to firearms,
destructive devices, and explosives.
   (b) Upon request of the Department of Justice pursuant to
subdivision (a), each public and private mental hospital, sanitarium,
and institution shall submit to the department that information
which the department deems necessary to identify those persons who
are within subdivision (a) of Section 8100, in order to carry out its
duties in relation to firearms, destructive devices, and explosives.

   (c) A licensed psychotherapist shall report to a local law
enforcement agency electronically, within 24 hours, in a manner
prescribed by the Department of Justice, the identity of a person
subject to subdivision (b) of Section 8100. Upon receipt of the
report, the local law enforcement agency, on a form prescribed by the
Department of Justice, shall notify the department electronically,
within 24 hours, in a manner prescribed by the department, of the
person who is subject to subdivision (b) of Section 8100.
   (d) All information provided to the Department of Justice pursuant
to this section shall be kept confidential, separate and apart from
all other records maintained by the department. The information
provided to the Department of Justice pursuant to this section shall
be used only for any of the following purposes:
   (1) By the department to determine eligibility of a person to
acquire, carry, or possess firearms, destructive devices, or
explosives.
   (2) For the purposes of the court proceedings described in
subdivision (b) of Section 8100 to determine the eligibility of the
person who is bringing the petition pursuant to paragraph (3) of
subdivision (b) of Section 8100.
   (3) To determine the eligibility of a person to acquire, carry, or
possess firearms, destructive devices, or explosives who is the
subject of a criminal investigation, if a part of the criminal
investigation involves the acquisition, carrying, or possession of
firearms, explosives, or destructive devices by that person.
   (e) Reports shall not be required or requested under this section
where the same person has been previously reported pursuant to
Section 8103 or 8104.