California 2013-2014 Regular Session Status: Enacted 3 D cosponsors

AB 1014 — Gun violence restraining orders.

Last action — Chaptered by Secretary of State - Chapter 872, Statutes of 2014.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 22, 2013. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 15 sponsors

    1 primary, 14 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

(1) Existing law regulates the sale, transfer, possession, and ownership of firearms, including prohibiting specified persons from owning or possessing firearms. Existing law, among other things, generally prohibits a person subject to a domestic violence protective order from owning or possessing a firearm while that order is in effect. This bill would authorize a court to issue a temporary emergency gun violence restraining order if a law enforcement officer asserts and a judicial officer finds that there is reasonable cause to believe that the subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. The bill would require a law enforcement officer to serve the order on the restrained person, if the restrained person can reasonably be located, file a copy of the order with the court, and have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice. The bill would require the presiding judge of the superior court of each county to designate at least one judge, commissioner, or referee who is required to be reasonably available to issue temporary emergency gun violence restraining orders when the court is not in session. This bill would additionally authorize a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. The bill would require the ex parte order to expire no later than 21 days after the date on the order and would require the court to hold a hearing within 21 days of issuing the ex parte gun violence restraining order to determine if a gun violence restraining order that is in effect for one year should be issued. The bill would require a law enforcement officer or a person at least 18 years of age who is not a party to the action to personally serve the restrained person the ex parte order, if the restrained person can reasonably be located. The bill would authorize a court to issue a gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. The bill would authorize the renewal of the order for additional one-year periods and would permit the restrained person to request one hearing to terminate the order during the effective period of the initial order or each renewal period. The bill would require a court, upon issuance of a gun violence restraining order, to order the restrained person to surrender to the local law enforcement agency all firearms and ammunition in his or her custody or control, or which he or she possesses or owns. The bill would require the local law enforcement agency to retain custody of the firearm or firearms and ammunition for the duration of a gun violence restraining order. The bill would require the court to notify the Department of Justice when any gun violence restraining order has been issued, renewed, dissolved, or terminated. The bill would also require the court, when sending that notice, to specify whether the person subject to the gun violence restraining order was present in court to be informed of the contents of the order or if the person failed to appear. The bill would require proof of service of the order to be entered into the California Restraining and Protective Order System, as specified. The bill would make it a misdemeanor to file a petition for an ex parte gun violence restraining order or a gun violence restraining order issued after notice and a hearing, knowing the information in the petition to be false or with the intent to harass. The bill would also provide that a person who owns or possesses a firearm or ammunition with the knowledge that he or she is prohibited from doing so by a gun violence restraining order is guilty of a misdemeanor and shall be prohibited from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a 5-year period, commencing upon the expiration of the existing gun violence restraining order. By creating new crimes and by requiring new duties of local law enforcement, this bill would impose a state-mandated local program. (2) Existing law states the grounds upon which a search warrant may be issued, including when the property or things to be seized include a firearm or any other deadly weapon that is owned by, or in the possession of, or in the custody or control of, specified persons. This bill would allow a search warrant to be issued when the property or things to be seized are firearms or ammunition or both that are owned by, in the possession of, or in the custody or control of, a person who is the subject of a gun violence restraining order if a prohibited firearm or ammunition or both is possessed, owned, in the custody of, or controlled by a person against whom a gun violence restraining order has been issued, the person has been lawfully served with that order, and the person has failed to relinquish the firearm as required by law. The bill would also require the law enforcement officer executing a search warrant issued upon that ground to take custody of any firearm or ammunition that is in the restrained person's custody or control or possession or that is owned by the restrained person, which is discovered pursuant to a consensual or other lawful search and would provide rules for executing the search warrant when the location to be searched is jointly occupied by the restrained person and one or more other persons. (3) Existing law requires specified law enforcement officers to take temporary custody of any firearm or deadly weapon in plain sight or discovered pursuant to a lawful search when present at the scene of a domestic violence incident involving a threat to human life or physical assault. This bill would apply the requirements described above to law enforcement officers serving a gun violence restraining order. The bill would also apply those requirements when the law enforcement officer is a sworn member of the Department of Justice who is a peace officer. (4) Existing law requires the Department of Justice to request public and private mental hospitals, sanitariums, and institutions to submit to the department information necessary to identify persons who are prohibited from having a firearm because the person has been admitted to a facility, is receiving inpatient treatment, and is a danger to himself, herself, or others. Existing law requires the department to only use the information for certain specified purposes. This bill would additionally authorize the department to use the above-described information to determine the eligibility of a person who is the subject of a petition for the issuance of a gun violence restraining order to acquire, carry, or possess firearms, destructive devices, or explosives. (5) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (6) This bill would incorporate additional changes in Section 18250 of the Penal Code, proposed by SB 1154, to be operative only if SB 1154 and this bill are chaptered and become effective on or before January 1, 2015, and this bill is chaptered last. (7) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (8) The provisions of this bill would be effective January 1, 2016.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 872, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 10 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 48. Noes 28. Page 6719.).

  5. Assembly Rule 63 suspended. (Page 6717.)

  6. From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 2.) (August 29).

  7. Joint Rule 62(a), file notice suspended. (Page 6616.)

  8. Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.

  9. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77.

  10. Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 8. Page 4891.).

  11. Read second time. Ordered to third reading.

  12. Read third time and amended. Ordered to second reading.

  13. Read second time and amended. Ordered to third reading.

  14. From committee: Do pass as amended. (Ayes 5. Noes 0.) (August 14).

  15. In committee: Placed on APPR. suspense file.

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  17. Read second time and amended. Re-referred to Com. on APPR.

  18. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 24).

  19. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  20. Re-referred to Com. on PUB. S.

  21. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  22. Referred to Com. on RLS.

  23. In Senate. Read first time. To Com. on RLS. for assignment.

  24. Read third time. Passed. Ordered to the Senate. (Ayes 55. Noes 17. Page 1875.)

  25. Read second time. Ordered to third reading.

  26. From committee: Do pass. (Ayes 13. Noes 4.) (May 24).

  27. In committee: Set, first hearing. Referred to APPR. suspense file.

  28. Re-referred to Com. on APPR.

  29. Read second time and amended.

  30. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 29).

  31. Re-referred to Com. on U. & C.

  32. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & C. Read second time and amended.

  33. In committee: Set, second hearing. Hearing canceled at the request of author.

  34. In committee: Set, first hearing. Hearing canceled at the request of author.

  35. Re-referred to Com. on U. & C.

  36. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & C. Read second time and amended.

  37. Re-referred to Com. on U. & C.

  38. From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & C. Read second time and amended.

  39. Referred to Com. on U. & C.

  40. Read first time.

  41. From printer. May be heard in committee March 26.

  42. Introduced. To print.

Sponsors

  • Mark Stone · Cosponsor
  • Alejo · Cosponsor
  • Bonilla · Cosponsor
  • Bloom · Cosponsor
  • Mia Bonta · Cosponsor
  • Josh Lowenthal · Cosponsor
  • Buchanan · Cosponsor
  • Dickinson · Cosponsor
  • Levine · Cosponsor
  • Rendon · Cosponsor
  • Skinner · Primary
  • Ting · Cosponsor
  • Wieckowski · Cosponsor
  • Williams · Cosponsor
  • Corey A. Jackson · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 14 co-sponsors · 107 not signed on · 7 voted No

Sponsors (1)

  • Skinner

Co-sponsors (14)

Not signed on (107)

107 members have not signed on to this bill.

Show all 107 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1014 SKINNER Concurrence in Senate Amendments

Passed 48 Yea · 28 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 442503
Democratic 4000
Republican 0300
Total 482803
% of votes cast 61%35%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Levine — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Olsen — Nay
Pan — Yea
Quirk — Yea
Waldron — Nay
Wilk — Nay
Williams — Yea
Gatto — Yea
Gomez — Yea
Lowenthal — Yea
Hall — Yea
Garcia — Yea
Atkins — Yea
Holden — Yea
Fong — Yea
Campos — Yea
Chesbro — Yea
Bonilla — Yea
Jones-Sawyer — Yea
Medina — Yea
Mullin — Yea
Bocanegra — Yea
John A. Pérez — Yea
Nazarian — Yea
Dababneh — Yea
Eggman — Yea
Rendon — Yea
Ridley-Thomas — Yea
Skinner — Yea
Ting — Yea
Wieckowski — Yea
Allen — Nay
Frazier — Nay
Gray — Nay
Salas — Nay
Hagman — Nay
Harkey — Nay
Chau — Yea
Chávez — Nay
Logue — Nay
Melendez — Nay
Bigelow — Nay
Conway — Nay
Cooley — Nay
Donnelly — Nay
Nestande — Nay
Perea — Not Voting
Rodriguez — Not Voting
Wagner — Nay
Weber — Yea
Daly — Yea
Dickinson — Yea
Fox — Nay
Yamada — Yea
Gordon — Yea
Gorell — Nay
Beth Gaines — Nay
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

amendments be concurred in.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Ammiano — Yea
Quirk — Yea
Waldron — Nay
Jones-Sawyer — Yea
Melendez — Nay
Skinner — Yea
Mark Stone — Yea

Official roll call →

3rd Reading AB1014 Skinner By Jackson

Passed 23 Yea · 8 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 21808
Democratic 2001
Total 23809
% of votes cast 58%20%0%23%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Hernandez — Yea
Hueso — Yea
Lara — Yea
Nielsen — Nay
Steinberg — Yea
Walters — Nay
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Wright — Not Voting
Wyland — Not Voting
Galgiani — Yea
Mitchell — Yea
De León — Yea
Hancock — Not Voting
Hill — Yea
Cannella — Not Voting
Corbett — Yea
Huff — Not Voting
Block — Yea
Knight — Nay
Leno — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Morrell — Nay
Pavley — Yea
Roth — Not Voting
Torres — Yea
Vidak — Nay
Wolk — Yea
Fuller — Nay
Yee — Not Voting
Beth Gaines — Not Voting
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Democratic 1000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Steinberg — Yea
Walters — Not Voting
Hill — Yea
Lara — Yea
De León — Yea
Beth Gaines — Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 1014 WILLIAMS Assembly Third Reading

Passed 55 Yea · 17 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 491306
Democratic 6100
Republican 0301
Total 551707
% of votes cast 70%22%0%9%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Nay
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Nay
Linder — Yea
Maienschein — Nay
Mansoor — Nay
Nestande — Nay
Perea — Not Voting
Rendon — Yea
Wagner — Not Voting
Weber — Yea
Stone — Yea
Daly — Yea
Skinner — Yea
Lowenthal — Yea
Gray — Yea
Atkins — Yea
Gatto — Yea
Mitchell — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Hagman — Nay
Hall — Yea
Jones-Sawyer — Yea
Levine — Yea
Bocanegra — Yea
Logue — Nay
Ammiano — Yea
Bloom — Yea
Chesbro — Yea
Cooley — Yea
Dickinson — Yea
John A. Pérez — Yea
Salas — Yea
Medina — Yea
Donnelly — Nay
Morrell — Nay
Mullin — Yea
Eggman — Yea
Nazarian — Yea
Pan — Yea
Quirk — Yea
Ting — Yea
Waldron — Nay
Wieckowski — Yea
Williams — Yea
Gorell — Not Voting
Chávez — Not Voting
Conway — Nay
Holden — Not Voting
Melendez — Nay
Olsen — Nay
Wilk — Not Voting
Fox — Yea
Frazier — Yea
Yamada — Yea
Gonzalez — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 13 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12400
Democratic 1000
Total 13400
% of votes cast 76%24%0%0%
How each member voted (17)
Member Party Vote
Ammiano — Yea
Bigelow — Nay
Bradford — Yea
Linder — Yea
Wagner — Nay
Campos — Yea
Bocanegra — Yea
Gatto — Yea
Hall — Yea
Harkey — Nay
Donnelly — Nay
Eggman — Yea
Pan — Yea
Quirk — Yea
Weber — Yea
Gomez — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 11 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Republican 0002
Democratic 2000
Total 11004
% of votes cast 73%0%0%27%
How each member voted (15)
Member Party Vote
Bradford — Yea
Buchanan — Yea
Rendon — Yea
Williams — Yea
Chávez — Not Voting
Gorell — Not Voting
Bonilla — Yea
Quirk — Yea
Skinner — Yea
Beth Gaines — Yea
Roger Hernández — Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Jones, Brian W. Republican Not Voting
Patterson, Joe Republican Not Voting

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1014 do?
(1) Existing law regulates the sale, transfer, possession, and ownership of firearms, including prohibiting specified persons from owning or possessing firearms. Existing law, among other things, generally prohibits a person subject to a domestic violence protective order from owning or possessing a firearm while that order is in effect. This bill would authorize a court to issue a temporary emergency gun violence restraining order if a law enforcement officer asserts and a judicial officer finds that there is reasonable cause to believe that the subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. The bill would require a law enforcement officer to serve the order on the restrained person, if the restrained person can reasonably be located, file a copy of the order with the court, and have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice. The bill would require the presiding judge of the superior court of each county to designate at least one judge, commissioner, or referee who is required to be reasonably available to issue temporary emergency gun violence restraining orders when the court is not in session. This bill would additionally authorize a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. The bill would require the ex parte order to expire no later than 21 days after the date on the order and would require the court to hold a hearing within 21 days of issuing the ex parte gun violence restraining order to determine if a gun violence restraining order that is in effect for one year should be issued. The bill would require a law enforcement officer or a person at least 18 years of age who is not a party to the action to personally serve the restrained person the ex parte order, if the restrained person can reasonably be located. The bill would authorize a court to issue a gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. The bill would authorize the renewal of the order for additional one-year periods and would permit the restrained person to request one hearing to terminate the order during the effective period of the initial order or each renewal period. The bill would require a court, upon issuance of a gun violence restraining order, to order the restrained person to surrender to the local law enforcement agency all firearms and ammunition in his or her custody or control, or which he or she possesses or owns. The bill would require the local law enforcement agency to retain custody of the firearm or firearms and ammunition for the duration of a gun violence restraining order. The bill would require the court to notify the Department of Justice when any gun violence restraining order has been issued, renewed, dissolved, or terminated. The bill would also require the court, when sending that notice, to specify whether the person subject to the gun violence restraining order was present in court to be informed of the contents of the order or if the person failed to appear. The bill would require proof of service of the order to be entered into the California Restraining and Protective Order System, as specified. The bill would make it a misdemeanor to file a petition for an ex parte gun violence restraining order or a gun violence restraining order issued after notice and a hearing, knowing the information in the petition to be false or with the intent to harass. The bill would also provide that a person who owns or possesses a firearm or ammunition with the knowledge that he or she is prohibited from doing so by a gun violence restraining order is guilty of a misdemeanor and shall be prohibited from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a 5-year period, commencing upon the expiration of the existing gun violence restraining order. By creating new crimes and by requiring new duties of local law enforcement, this bill would impose a state-mandated local program. (2) Existing law states the grounds upon which a search warrant may be issued, including when the property or things to be seized include a firearm or any other deadly weapon that is owned by, or in the possession of, or in the custody or control of, specified persons. This bill would allow a search warrant to be issued when the property or things to be seized are firearms or ammunition or both that are owned by, in the possession of, or in the custody or control of, a person who is the subject of a gun violence restraining order if a prohibited firearm or ammunition or both is possessed, owned, in the custody of, or controlled by a person against whom a gun violence restraining order has been issued, the person has been lawfully served with that order, and the person has failed to relinquish the firearm as required by law. The bill would also require the law enforcement officer executing a search warrant issued upon that ground to take custody of any firearm or ammunition that is in the restrained person's custody or control or possession or that is owned by the restrained person, which is discovered pursuant to a consensual or other lawful search and would provide rules for executing the search warrant when the location to be searched is jointly occupied by the restrained person and one or more other persons. (3) Existing law requires specified law enforcement officers to take temporary custody of any firearm or deadly weapon in plain sight or discovered pursuant to a lawful search when present at the scene of a domestic violence incident involving a threat to human life or physical assault. This bill would apply the requirements described above to law enforcement officers serving a gun violence restraining order. The bill would also apply those requirements when the law enforcement officer is a sworn member of the Department of Justice who is a peace officer. (4) Existing law requires the Department of Justice to request public and private mental hospitals, sanitariums, and institutions to submit to the department information necessary to identify persons who are prohibited from having a firearm because the person has been admitted to a facility, is receiving inpatient treatment, and is a danger to himself, herself, or others. Existing law requires the department to only use the information for certain specified purposes. This bill would additionally authorize the department to use the above-described information to determine the eligibility of a person who is the subject of a petition for the issuance of a gun violence restraining order to acquire, carry, or possess firearms, destructive devices, or explosives. (5) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (6) This bill would incorporate additional changes in Section 18250 of the Penal Code, proposed by SB 1154, to be operative only if SB 1154 and this bill are chaptered and become effective on or before January 1, 2015, and this bill is chaptered last. (7) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (8) The provisions of this bill would be effective January 1, 2016.
Who sponsors AB 1014?
AB 1014 is sponsored by Mark Stone, Alejo, Bonilla, Bloom, Bonta, Mia (Democratic), Lowenthal, Josh (Democratic), Buchanan, Dickinson, Levine, Rendon, Skinner, Ting, Wieckowski, Williams, and Jackson, Corey A. (Democratic).
What is the current status of AB 1014?
This bill has been enacted into law. Introduced February 22, 2013. Enacted.
Where can I track AB 1014?
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