California 2017-2018 Regular Session Status: Enacted

SB 1200 — Firearms: gun violence restraining orders.

Last action — Chaptered by Secretary of State. Chapter 898, Statutes of 2018.

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

This bill has been enacted into law. Introduced February 15, 2018. Enacted.

Prognosis

Likely to advance 70% · 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.

  • Cleared a recorded vote

    Passed 8 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

(1) Existing law allows a court to issue a gun violence restraining order prohibiting and enjoining a named person from having in his or her custody or control any firearms or ammunition if the person poses a significant danger of causing personal injury to himself, herself, or another by having a firearm or ammunition in his or her custody or control. Existing law establishes a civil restraining order process to accomplish that purpose. This bill would expand the definition of ammunition to include a magazine. The bill would make conforming changes to the notice required to be given to the subject of a gun violence restraining order. This bill would prohibit a filing fee for an application, responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining order. The bill would also prohibit a fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause. (2) Existing law requires a law enforcement officer or licensed firearms dealer taking possession of firearms or ammunition pursuant to a gun violence restraining order to issue a receipt to the person surrendering the firearm or ammunition at the time of surrender. Existing law requires the person to file the receipt with the court that issued the gun violence restraining order to show that all firearms and ammunition have been surrendered. This bill would require the court to transmit a copy of the receipt to the Department of Justice and would require the department to keep a record of this information. The bill would require a law enforcement officer, when serving a gun violence restraining order, to verbally ask the restrained person if he or she has any firearms, ammunition, or magazines in his or her possession or under his or her custody or control. (3) Existing law permits a law enforcement officer to make a request for a temporary emergency gun violence restraining order on an ex parte basis if certain requirements are met. Under existing law, a temporary emergency gun violence restraining order is valid 21 days from the date the order is issued. This bill would require the court to hold a hearing within 21 days of the issuance of a temporary emergency gun violence restraining order to determine if a gun violence restraining order valid for one year should be issued. (4) Existing law permits the sheriff or marshal, in connection with the service of process of notices, to require that all fees that a public agency or other person or entity is required to pay be prepaid prior to the performance of the official act. Existing law exempts from this prepayment requirement a fee for the service of process of a protective order, restraining order, or injunction involving stalking, credible threats of violence resulting from a threat of sexual assault, domestic violence, marital dissolution, or a child custody matter. This bill would further exempt from this prepayment requirement a fee for the service of process of a gun violence restraining order.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 898, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Assembly amendments concurred in. (Ayes 22. Noes 5. Page 6187.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 12. Noes 5.) (August 8).

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 19). Re-referred to Com. on APPR.

  13. Referred to Com. on PUB. S.

  14. In Assembly. Read first time. Held at Desk.

  15. Read third time. Passed. (Ayes 30. Noes 8. Page 4351.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 5. Noes 1. Page 4306.) (May 25).

  18. Set for hearing May 25.

  19. April 30 hearing: Placed on APPR. suspense file.

  20. Set for hearing April 30.

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 4700.) (April 17). Re-referred to Com. on APPR.

  22. Set for hearing April 17.

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

  24. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  25. Referred to Com. on RLS.

  26. From printer. May be acted upon on or after March 18.

  27. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Skinner · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Skinner

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

SB 1200 Skinner Senate Third Reading By GIPSON

Passed 64 Yea · 1 Nay · 15 Other
Party YeaNayPresentNot Voting
Unaffiliated 450013
Democratic 16000
Republican 3102
Total 641015
% of votes cast 80%1%0%19%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Not Voting
Holden — Yea
Kiley — Not Voting
Levine — Yea
Mathis — Not Voting
Nazarian — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Gonzalez Fletcher — Yea
Frazier — Not Voting
Friedman — Yea
Burke — Yea
Salas — Yea
Harper — Yea
Rubio — Yea
Rivas — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Low — Yea
Maienschein — Yea
McCarty — Yea
Fong — Not Voting
Medina — Yea
Melendez — Yea
Baker — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cunningham — Yea
Mullin — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Gray — Not Voting
Mayes — Not Voting
Obernolte — Not Voting
Cooley — Yea
Cooper — Not Voting
Eggman — Not Voting
Daly — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
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 Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Unfinished Business SB1200 Skinner Concurrence

Passed 22 Yea · 5 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 195011
Democratic 3002
Total 225013
% of votes cast 55%13%0%33%
How each member voted (40)
Member Party Vote
Anderson — Not Voting
Bates — Not Voting
Hueso — Yea
Monning — Not Voting
Nielsen — Nay
Pan — Yea
Roth — Yea
Skinner — Yea
Cannella — Yea
Chang — Not Voting
Fuller — Not Voting
Galgiani — Yea
Glazer — Yea
Hernandez — Yea
Delgado — Yea
Allen — Yea
Mitchell — Yea
Hill — Yea
Atkins — Yea
Portantino — Yea
Lara — Yea
Leyva — Yea
De León — Yea
Hertzberg — Not Voting
Dodd — Not Voting
Beall — Yea
Bradford — Not Voting
Moorlach — Not Voting
Morrell — Nay
Vidak — Nay
Wieckowski — Not Voting
Wilk — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Not Voting
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Not Voting
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9400
Democratic 3000
Republican 0100
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Nay
Obernolte — Nay
Gonzalez Fletcher — Yea
Nazarian — Yea
Fong — Nay
Quirk — Yea
Chau — Yea
Eggman — 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 Nay

Official roll call →

3rd Reading

Passed 30 Yea · 8 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 25801
Democratic 5000
Total 30801
% of votes cast 77%21%0%3%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Nay
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Leyva — Yea
Moorlach — Yea
Morrell — Nay
Newman — Yea
Skinner — Yea
Fuller — Nay
Cannella — Yea
Dodd — Yea
Galgiani — Yea
Portantino — Yea
Allen — Yea
Glazer — Yea
Atkins — Yea
Mitchell — Yea
De León — Yea
Hill — Yea
Beall — Yea
Bradford — Yea
Lara — Yea
Monning — Yea
Pan — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Wilk — Yea
Nielsen — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
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 →

Do pass

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Bates — Not Voting
Hill — Yea
Lara — Yea
Bradford — Yea
Nielsen — Nay
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Bates — Not Voting
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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 SB 1200 do?
(1) Existing law allows a court to issue a gun violence restraining order prohibiting and enjoining a named person from having in his or her custody or control any firearms or ammunition if the person poses a significant danger of causing personal injury to himself, herself, or another by having a firearm or ammunition in his or her custody or control. Existing law establishes a civil restraining order process to accomplish that purpose. This bill would expand the definition of ammunition to include a magazine. The bill would make conforming changes to the notice required to be given to the subject of a gun violence restraining order. This bill would prohibit a filing fee for an application, responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining order. The bill would also prohibit a fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause. (2) Existing law requires a law enforcement officer or licensed firearms dealer taking possession of firearms or ammunition pursuant to a gun violence restraining order to issue a receipt to the person surrendering the firearm or ammunition at the time of surrender. Existing law requires the person to file the receipt with the court that issued the gun violence restraining order to show that all firearms and ammunition have been surrendered. This bill would require the court to transmit a copy of the receipt to the Department of Justice and would require the department to keep a record of this information. The bill would require a law enforcement officer, when serving a gun violence restraining order, to verbally ask the restrained person if he or she has any firearms, ammunition, or magazines in his or her possession or under his or her custody or control. (3) Existing law permits a law enforcement officer to make a request for a temporary emergency gun violence restraining order on an ex parte basis if certain requirements are met. Under existing law, a temporary emergency gun violence restraining order is valid 21 days from the date the order is issued. This bill would require the court to hold a hearing within 21 days of the issuance of a temporary emergency gun violence restraining order to determine if a gun violence restraining order valid for one year should be issued. (4) Existing law permits the sheriff or marshal, in connection with the service of process of notices, to require that all fees that a public agency or other person or entity is required to pay be prepaid prior to the performance of the official act. Existing law exempts from this prepayment requirement a fee for the service of process of a protective order, restraining order, or injunction involving stalking, credible threats of violence resulting from a threat of sexual assault, domestic violence, marital dissolution, or a child custody matter. This bill would further exempt from this prepayment requirement a fee for the service of process of a gun violence restraining order.
Who sponsors SB 1200?
SB 1200 is sponsored by Skinner.
What is the current status of SB 1200?
This bill has been enacted into law. Introduced February 15, 2018. Enacted.
Where can I track SB 1200?
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