California Senate Bill SB505 Amended / Bill

 BILL NUMBER: SB 505AMENDED BILL TEXT 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  5150.6 to the Welfare and Institutions Code,   11106.4 to the Penal Code,  relating to  welfare checks.   crime prevention.  LEGISLATIVE COUNSEL'S DIGEST SB 505, as amended, 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, except when exigent circumstances exist  , and provided that sufficient identifying information is available or could be ascertained through reasonable efforts  , require a peace officer who is asked to check, or checks on, the welfare or well-being of an individual based on a concern that the individual is a danger to others, or to himself or herself, to first 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 any firearm. By imposing additional duties on local peace officers, 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 5150.6 is added to the Welfare and Institutions Code, to read: 5150.6. Except when exigent circumstances exist, if during the discharge of his or her policing and community care taking functions, a peace officer is asked to check, or checks on, the welfare or well-being of a person, and the inquiry is motivated by a concern that the person may be a danger to others, or to himself or herself, the peace officer shall first 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 any firearm.   SECTION 1.   Section 11106.4 is added to the   Penal Code   , to read:   11106.4. Except when exigent circumstances exist, and provided that sufficient identifying information is available or could be ascertained through reasonable efforts, if during the discharge of his or her policing and community care taking functions, a peace officer is asked to check, or checks on, the welfare or well-being of a person, and the inquiry is motivated by a concern that the person may be a danger to others or to himself or herself, the peace officer shall first 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 any firearm.  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.