California 2017-2018 Regular Session Status: Enacted 1 D cosponsors

AB 2526 — Temporary emergency gun violence restraining orders.

Last action — Chaptered by Secretary of State - Chapter 873, Statutes of 2018.

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  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 14, 2018. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law allows a court to issue an order restraining an individual from possessing a firearm while the order is in effect. Existing law allows the court to issue a temporary emergency gun violence restraining order on an ex parte basis if the possession of a firearm by the subject of the petition poses an immediate and present danger. Existing law requires a law enforcement officer who requests a temporary emergency gun violence restraining order to memorialize the order of the court on the form approved by the Judicial Council if the order is obtained orally. Existing law requires the petition for the temporary order to be obtained by submitting a written petition to the court, unless time and circumstances do not permit the submission of a written report, in which case existing law allows the order to be issued in accordance with procedures for obtaining an oral search warrant. This bill would instead require an officer who requests a temporary emergency gun violence restraining order to sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and to memorialize the order of the court on the form approved by the Judicial Council if the request is made orally. The bill would allow a judicial officer to issue a temporary order orally based on the statements of the law enforcement officer and would allow a temporary order to be obtained in writing if time and circumstances permit. Because the declaration would be required to be signed under penalty of perjury, the bill would impose a state-mandated local program by expanding the definition of a crime. 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 873, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5347.).

  6. Read second time. Ordered to third reading.

  7. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 12). Re-referred to Com. on APPR.

  9. Referred to Com. on PUB. S.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0. Page 5005.)

  12. Read second time. Ordered to Consent Calendar.

  13. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 25).

  14. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 3). Re-referred to Com. on APPR.

  15. Referred to Com. on PUB. S.

  16. From printer. May be heard in committee March 17.

  17. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

3rd Reading AB2526 Rubio By McGuire

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hertzberg — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Wieckowski — Yea
Lara — Yea
Moorlach — Yea
Cannella — Yea
Galgiani — Yea
Chang — Yea
Glazer — Yea
Allen — Yea
Mitchell — Yea
Hernandez — Yea
Portantino — Yea
Hill — Yea
Hueso — Yea
Delgado — Yea
Atkins — Yea
De León — Yea
Dodd — Yea
Leyva — Yea
Beall — Yea
Bradford — Yea
Monning — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wilk — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2526 RUBIO Consent Calendar Second Day

Passed 71 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 54003
Democratic 12003
Republican 5001
Total 71007
% of votes cast 91%0%0%9%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Kiley — Yea
Maienschein — Yea
Mathis — Yea
Mullin — Yea
O'Donnell — Yea
Quirk — Yea
Rodriguez — Yea
Ting — Yea
Eggman — Yea
Burke — Yea
Chau — Yea
Chu — Yea
Gonzalez Fletcher — Yea
Gloria — Yea
Kamlager-Dove — Yea
Fong — Yea
Salas — Yea
Levine — Yea
Low — Yea
Mayes — Yea
Medina — Yea
Gray — Yea
Melendez — Yea
Nazarian — Yea
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Weber — Yea
Wood — Yea
Rubio — Yea
Holden — Yea
Jones-Sawyer — Yea
McCarty — Yea
Obernolte — Yea
Chiu — Yea
Chávez — Yea
Cooper — Yea
Steinorth — Yea
Voepel — Not Voting
Waldron — Yea
Baker — Yea
Bigelow — Yea
Cooley — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Friedman — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 3000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Obernolte — Yea
Eggman — Yea
Chau — Yea
Nazarian — Yea
Quirk — Yea
Fong — Yea
Gonzalez Fletcher — Yea
Friedman — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2526 do?
Existing law allows a court to issue an order restraining an individual from possessing a firearm while the order is in effect. Existing law allows the court to issue a temporary emergency gun violence restraining order on an ex parte basis if the possession of a firearm by the subject of the petition poses an immediate and present danger. Existing law requires a law enforcement officer who requests a temporary emergency gun violence restraining order to memorialize the order of the court on the form approved by the Judicial Council if the order is obtained orally. Existing law requires the petition for the temporary order to be obtained by submitting a written petition to the court, unless time and circumstances do not permit the submission of a written report, in which case existing law allows the order to be issued in accordance with procedures for obtaining an oral search warrant. This bill would instead require an officer who requests a temporary emergency gun violence restraining order to sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and to memorialize the order of the court on the form approved by the Judicial Council if the request is made orally. The bill would allow a judicial officer to issue a temporary order orally based on the statements of the law enforcement officer and would allow a temporary order to be obtained in writing if time and circumstances permit. Because the declaration would be required to be signed under penalty of perjury, the bill would impose a state-mandated local program by expanding the definition of a crime. 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 no reimbursement is required by this act for a specified reason.
Who sponsors AB 2526?
AB 2526 is sponsored by Rubio, Blanca E. (Democratic).
What is the current status of AB 2526?
This bill has been enacted into law. Introduced February 14, 2018. Enacted.
Where can I track AB 2526?
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Last checked for changes 3 months ago · updated continuously

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