Bill Text: CA AB3167 | 2019-2020 | Regular Session | Amended

California Assembly Bill 3167 (Prior Session Legislation)

Bill Title: California Violence Intervention and Prevention Grant Program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-16 - Re-referred to Com. on PUB. S. [AB3167 Detail]

Download: California-2019-AB3167-Amended.html

Amended IN Assembly March 12, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 3167

Introduced by Assembly Member Wicks

February 21, 2020

~~An act to amend Section 18175 of the Penal Code, relating to firearms.~~ An act to amend Section 14131 of the Penal Code, relating to criminal justice.

LEGISLATIVE COUNSEL'S DIGEST

AB 3167, as amended, Wicks. ~~Gun violence restraining order: petition.~~ California Violence Intervention and Prevention Grant Program.

Existing law establishes the Board of State and Community Corrections. Existing law charges the board with providing the statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems. Existing law establishes the California Violence Intervention and Prevention Grant Program and assigns the authority and duties of the board in administering the program, including the selection criteria for grants and the length of each grant cycle. Existing law limits the maximum grant amount to $1,500,000 per grant cycle. Existing law repeals this program on January 1, 2025.
This bill would instead limit the maximum grant amount to $1,500,000 per year.
Existing law authorizes an immediate family member of a person or a law enforcement officer to request that a court, after notice and a hearing, issue a gun violence restraining order against that person. Under existing law, the petitioner has the burden of proving, by clear and convincing evidence, that the subject of the petition poses a significant danger of causing personal injury and that the order is necessary to prevent personal injury. Under existing law, the restraining order prohibits the subject of the petition from having in their custody or control, or owning, purchasing, possessing, or receiving, a firearm or ammunition for a duration of one year, subject to earlier termination or renewal by the court. Existing law, commencing September 1, 2020, authorizes the subject of the petition to file a form with the court relinquishing the subject’s firearm rights and stating that they are not contesting the petition. Existing law requires the court to issue a gun violence restraining order if the subject files that form, and to provide notice of the order to the parties.
~~This bill would make technical, nonsubstantive changes to that provision.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 14131 of the Penal Code is amended to read:

14131.

(a) The California Violence Intervention and Prevention Grant Program (CalVIP) is hereby created to be administered by the Board of State and Community Corrections.

(b) The purpose of CalVIP is to improve public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by violence, particularly group-member involved homicides, shootings, and aggravated assaults.

(c) CalVIP grants shall be used to support, expand, and replicate evidence-based violence reduction initiatives, including, without limitation, hospital-based violence intervention programs, evidence-based street outreach programs, and focused deterrence strategies, that seek to interrupt cycles of violence and retaliation in order to reduce the incidence of homicides, shootings, and aggravated assaults. These initiatives shall be primarily focused on providing violence intervention services to the small segment of the population that is identified as having the highest risk of perpetrating or being victimized by violence in the near future.

(d) CalVIP grants shall be made on a competitive basis to cities that are disproportionately impacted by violence, and to community-based organizations that serve the residents of those cities.

(e) For purposes of this section, a city is disproportionately impacted by violence if any of the following are true:

(1) The city experienced 20 or more homicides per calendar year during two or more of the three calendar years immediately preceding the grant application for which the Department of Justice has available data.

(2) The city experienced 10 or more homicides per calendar year and had a homicide rate that was at least 50 percent higher than the statewide homicide rate during two or more of the three calendar years immediately preceding the grant application for which the Department of Justice has available data.

(3) An applicant otherwise demonstrates a unique and compelling need for additional resources to address the impact of homicides, shootings, and aggravated assaults in the applicant’s community.

(f) An applicant for a CalVIP grant shall submit a proposal, in a form prescribed by the board, which shall include, but not be limited to, all of the following:

(1) Clearly defined and measurable objectives for the grant.

(2) A statement describing how the applicant proposes to use the grant to implement an evidence-based violence reduction initiative in accordance with this section.

(3) A statement describing how the applicant proposes to use the grant to enhance coordination of existing violence prevention and intervention programs and minimize duplication of services.

(4) Evidence indicating that the proposed violence reduction initiative would likely reduce the incidence of homicides, shootings, and aggravated assaults.

(g) In awarding CalVIP grants, the board shall give preference to applicants whose grant proposals demonstrate the greatest likelihood of reducing the incidence of homicides, shootings, and aggravated assaults in the applicant’s community, without contributing to mass incarceration.

(h) The amount of funds awarded to an applicant shall be commensurate with the scope of the applicant’s proposal and the applicant’s demonstrated need for additional resources to address violence in the applicant’s community.

(1) Notwithstanding Provision 3 of Item 5227-108-0001 of Section 2.00 of the Budget Act of 2019 (Chapter 23 of the Statutes of 2019), the Board of State and Community Corrections may award competitive grants in amounts not to exceed one million five hundred thousand dollars ($1,500,000) per applicant per ~~grant cycle. The length of the grant cycle shall be determined by the board.~~ year.

(2) The board shall award at least two grants to cities with populations of 200,000 or less.

(i) The length of the grant cycle shall be determined by the board.
~~(i)~~

(j) Each grantee shall commit a cash or in-kind contribution equivalent to the amount of the grant awarded under this section.

~~(j)~~

(k) Each city that receives a CalVIP grant shall distribute no less than 50 percent of the grant funds to one or more of any of the following types of entities:

(1) Community-based organizations.

(2) Public agencies or departments, other than law enforcement agencies or departments, that are primarily dedicated to community safety or violence prevention.

~~(k)~~

(l) The board shall form a grant selection advisory committee including, without limitation, persons who have been impacted by violence, formerly incarcerated persons, and persons with direct experience in implementing evidence-based violence reduction initiatives, including initiatives that incorporate public health and community-based approaches.

~~(l)~~

(m) The board may use up to 5 percent of the funds appropriated for CalVIP each year for the costs of administering the program including, without limitation, the employment of personnel, providing technical assistance to grantees, and evaluation of violence reduction initiatives supported by CalVIP.

~~(m)~~

(n) Each grantee shall report to the board, in a form and at intervals prescribed by the board, their progress in achieving the grant objectives.

~~(n)~~

(o) The board shall, by no later than 90 days following the close of each grant cycle, prepare and submit a report to the Legislature in compliance with Section 9795 of the Government Code regarding the impact of the violence prevention initiatives supported by CalVIP.

~~(o)~~

(p) The board shall make evaluations of the grant program available to the public.

SECTION 1.Section 18175 of the Penal Code, as added by Section 2.2 of Chapter 733 of the Statutes of 2019, is amended to read:
18175.
(a)In determining whether to issue a gun violence restraining order under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155, and may consider evidence of an increased risk for violence, including, but not limited to, the facts identified in paragraph (2) of subdivision (b) of Section 18155.
~~(b)At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that both of the following are true:~~
(1)The subject of the petition, or a person subject to a temporary emergency gun violence restraining order or an ex parte gun violence restraining order, as applicable, poses a significant danger of causing personal injury to themselves or another by having in the subject’s or person’s custody or control, owning, purchasing, possessing, or receiving a firearm, ammunition, or magazine.
(2)A gun violence restraining order is necessary to prevent personal injury to the subject of the petition, or the person subject to an ex parte gun violence restraining order, as applicable, or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject of the petition, or the person subject to an ex parte gun violence restraining order, as applicable.
(c)(1)If the court finds that there is clear and convincing evidence to issue a gun violence restraining order, the court shall issue a gun violence restraining order that prohibits the subject of the petition from having in the subject’s custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm, ammunition, or magazine.
(2)If the court finds that there is not clear and convincing evidence to support the issuance of a gun violence restraining order, the court shall dissolve a temporary emergency or ex parte gun violence restraining order then in effect.
(d)(1)The subject of the petition may file a form with the court relinquishing the subject’s firearm rights for the duration specified on the petition or, if not stated in the petition, for one year from the date of the proposed hearing, and stating that the subject is not contesting the petition.
(2)If the subject of the petition files a form pursuant to paragraph (1), the court shall issue, without any hearing, the gun violence restraining order at least five court days before the scheduled hearing. If the subject files the form within five court days before the scheduled hearing, the court shall issue, without any hearing, the gun violence restraining order as soon as possible. The court shall provide notice of the order to the parties.
(3)If the subject of the petition files a form pursuant to paragraph (1) and has not already surrendered all firearms, ammunition, and magazines in the subject’s custody or control or those that the subject possesses or owns, the subject shall follow the procedures in Section 18120, but they shall surrender the firearms, ammunition, and magazines within 48 hours of filing the form relinquishing firearm rights.
(e)(1) The court shall issue a gun violence restraining order under this chapter for a period of time of one to five years, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and renewal by further order of the court pursuant to Section 18190.
(2)In determining the duration of the gun violence restraining order pursuant to paragraph (1), the court shall consider the length of time that the circumstances set forth in subdivision (b) are likely to continue, and shall issue the order based on that determination.
~~(f)This section shall become operative on September 1, 2020.~~