Bill Text: CA SB505 | 2013-2014 | Regular Session | Chaptered

---

Bill Title: Peace officers: welfare checks: firearms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State. Chapter 918, Statutes of 2014. [SB505 Detail]

Download: California-2013-SB505-Chaptered.html

---

BILL NUMBER: SB 505	CHAPTERED
	BILL TEXT

	CHAPTER  918
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2014
	PASSED THE SENATE  AUGUST 22, 2014
	PASSED THE ASSEMBLY  AUGUST 20, 2014
	AMENDED IN ASSEMBLY  AUGUST 18, 2014
	AMENDED IN ASSEMBLY  AUGUST 4, 2014
	AMENDED IN ASSEMBLY  JUNE 10, 2014
	AMENDED IN SENATE  MAY 28, 2013
	AMENDED IN SENATE  MAY 15, 2013
	AMENDED IN SENATE  APRIL 24, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Jackson

                        FEBRUARY 21, 2013

   An act to add Section 11106.4 to the Penal Code, relating to crime
prevention.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 505, Jackson. Peace officers: welfare checks: firearms.
   Existing law allows a person to be taken into custody for a period
of 72 hours for crisis intervention when probable cause exists that
the person, as a result of a mental disorder, is a danger to others,
or to himself or herself, or gravely disabled. Under existing law,
the Attorney General is required to maintain a registry of specified
information concerning the sale, lease, or transfer of firearms, and
to include in the registry specified data provided to the Department
of Justice.
   This bill would require law enforcement agencies to develop,
adopt, and implement written policies and standard protocols
pertaining to the best manner to conduct a "welfare check," when the
inquiry into the welfare or well-being of the person is motivated by
a concern that the person may be a danger to himself or herself or to
others. The bill would require those policies to encourage a peace
officer, prior to conducting the welfare check and whenever possible
and reasonable, as specified, to conduct a search of the Department
of Justice Automated Firearms System via the California Law
Enforcement Telecommunications System to determine whether the person
is the registered owner of a firearm.
   By imposing additional duties on local law enforcement agencies,
this bill would impose a state-mandated local program.
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11106.4 is added to the Penal Code, to read:
   11106.4.  (a) Every law enforcement agency shall develop, adopt,
and implement written policies and standard protocols pertaining to
the best manner to conduct a "welfare check," when the inquiry into
the welfare or well-being of the person is motivated by a concern
that the person may be a danger to himself or herself or to others.
The policies shall encourage a peace officer, prior to conducting the
welfare check and whenever possible and reasonable, to conduct a
search of the Department of Justice Automated Firearms System via the
California Law Enforcement Telecommunications System to determine
whether the person is the registered owner of a firearm.
   (b) For purposes of this section, "reasonable" as used in
subdivision (a) means that the officer could conduct the firearm
registry check without undue burden on the execution of the officer's
other duties, that there are no exigent circumstances demanding
immediate attention, and that the peace officer has access to, or can
reasonably ascertain, relevant identifying information.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.