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California Assembly Bill AB2888

California 2017-2018 Regular Session

California Assembly Bill AB2888 Compare Versions

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1-Enrolled August 29, 2018 Passed IN Senate August 28, 2018 Passed IN Assembly May 21, 2018 Amended IN Assembly April 18, 2018 Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2888Introduced by Assembly Members Ting, Muratsuchi, and Reyes(Coauthor: Senator Allen)February 16, 2018 An act to amend Sections 18150, 18170, and 18190 of the Penal Code, relating to firearms.LEGISLATIVE COUNSEL'S DIGESTAB 2888, Ting. Gun violence restraining orders.Existing law authorizes a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law requires the ex parte order to expire no later than 21 days after the date on the order. Existing law also authorizes a court to issue a gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law authorizes renewal of a gun violence restraining order within 3 months of the orders expiration. Petitions for ex parte, one-year, and renewed gun violence restraining orders may be made by an immediate family member of the person or by a law enforcement officer.This bill would similarly authorize, but not require, an employer, a coworker, or an employee of a secondary or postsecondary school that the person has attended in the last 6 months to file a petition for an ex parte, one-year, or renewed gun violence restraining order.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 18150 of the Penal Code is amended to read:18150. (a) (1) An immediate family member, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true:(1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155.(2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition 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.(c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist.(d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.SEC. 2. Section 18170 of the Penal Code is amended to read:18170. (a) (1) An immediate family member, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.(2) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.SEC. 3. Section 18190 of the Penal Code is amended to read:18190. (a) (1) An immediate family member of a restrained person, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true.(c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155.(d) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true.(e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter.(f) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of one year, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section.(g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180.
1+Amended IN Assembly April 18, 2018 Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2888Introduced by Assembly Members Ting, Muratsuchi, and Reyes(Coauthor: Senator Allen)February 16, 2018 An act to amend Sections 18150, 18170, and 18190 of the Penal Code, relating to firearms.LEGISLATIVE COUNSEL'S DIGESTAB 2888, as amended, Ting. Gun violence restraining orders.Existing law authorizes a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law requires the ex parte order to expire no later than 21 days after the date on the order. Existing law also authorizes a court to issue a gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law authorizes renewal of a gun violence restraining order within 3 months of the orders expiration. Petitions for ex parte, one-year, and renewed gun violence restraining orders may be made by an immediate family member of the person or by a law enforcement officer.This bill would similarly authorize, but not require, an employer, a coworker, a mental health worker who has seen the person as a patient in the last 6 months, or an employee of a secondary or postsecondary school that the person has attended in the last 6 months to file a petition for an ex parte, one-year, or renewed gun violence restraining order.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 18150 of the Penal Code is amended to read:18150. (a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true:(1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155.(2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition 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.(c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist.(d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.SEC. 2. Section 18170 of the Penal Code is amended to read:18170. (a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.(2) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.SEC. 3. Section 18190 of the Penal Code is amended to read:18190. (a) (1) An immediate family member of a restrained person, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true.(c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155.(d) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true.(e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter.(f) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of one year, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section.(g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180.
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3- Enrolled August 29, 2018 Passed IN Senate August 28, 2018 Passed IN Assembly May 21, 2018 Amended IN Assembly April 18, 2018 Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2888Introduced by Assembly Members Ting, Muratsuchi, and Reyes(Coauthor: Senator Allen)February 16, 2018 An act to amend Sections 18150, 18170, and 18190 of the Penal Code, relating to firearms.LEGISLATIVE COUNSEL'S DIGESTAB 2888, Ting. Gun violence restraining orders.Existing law authorizes a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law requires the ex parte order to expire no later than 21 days after the date on the order. Existing law also authorizes a court to issue a gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law authorizes renewal of a gun violence restraining order within 3 months of the orders expiration. Petitions for ex parte, one-year, and renewed gun violence restraining orders may be made by an immediate family member of the person or by a law enforcement officer.This bill would similarly authorize, but not require, an employer, a coworker, or an employee of a secondary or postsecondary school that the person has attended in the last 6 months to file a petition for an ex parte, one-year, or renewed gun violence restraining order.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
3+ Amended IN Assembly April 18, 2018 Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2888Introduced by Assembly Members Ting, Muratsuchi, and Reyes(Coauthor: Senator Allen)February 16, 2018 An act to amend Sections 18150, 18170, and 18190 of the Penal Code, relating to firearms.LEGISLATIVE COUNSEL'S DIGESTAB 2888, as amended, Ting. Gun violence restraining orders.Existing law authorizes a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law requires the ex parte order to expire no later than 21 days after the date on the order. Existing law also authorizes a court to issue a gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law authorizes renewal of a gun violence restraining order within 3 months of the orders expiration. Petitions for ex parte, one-year, and renewed gun violence restraining orders may be made by an immediate family member of the person or by a law enforcement officer.This bill would similarly authorize, but not require, an employer, a coworker, a mental health worker who has seen the person as a patient in the last 6 months, or an employee of a secondary or postsecondary school that the person has attended in the last 6 months to file a petition for an ex parte, one-year, or renewed gun violence restraining order.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5- Enrolled August 29, 2018 Passed IN Senate August 28, 2018 Passed IN Assembly May 21, 2018 Amended IN Assembly April 18, 2018 Amended IN Assembly March 22, 2018
5+ Amended IN Assembly April 18, 2018 Amended IN Assembly March 22, 2018
66
7-Enrolled August 29, 2018
8-Passed IN Senate August 28, 2018
9-Passed IN Assembly May 21, 2018
107 Amended IN Assembly April 18, 2018
118 Amended IN Assembly March 22, 2018
129
1310 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
1411
1512 Assembly Bill No. 2888
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1714 Introduced by Assembly Members Ting, Muratsuchi, and Reyes(Coauthor: Senator Allen)February 16, 2018
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1916 Introduced by Assembly Members Ting, Muratsuchi, and Reyes(Coauthor: Senator Allen)
2017 February 16, 2018
2118
2219 An act to amend Sections 18150, 18170, and 18190 of the Penal Code, relating to firearms.
2320
2421 LEGISLATIVE COUNSEL'S DIGEST
2522
2623 ## LEGISLATIVE COUNSEL'S DIGEST
2724
28-AB 2888, Ting. Gun violence restraining orders.
25+AB 2888, as amended, Ting. Gun violence restraining orders.
2926
30-Existing law authorizes a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law requires the ex parte order to expire no later than 21 days after the date on the order. Existing law also authorizes a court to issue a gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law authorizes renewal of a gun violence restraining order within 3 months of the orders expiration. Petitions for ex parte, one-year, and renewed gun violence restraining orders may be made by an immediate family member of the person or by a law enforcement officer.This bill would similarly authorize, but not require, an employer, a coworker, or an employee of a secondary or postsecondary school that the person has attended in the last 6 months to file a petition for an ex parte, one-year, or renewed gun violence restraining order.
27+Existing law authorizes a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law requires the ex parte order to expire no later than 21 days after the date on the order. Existing law also authorizes a court to issue a gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law authorizes renewal of a gun violence restraining order within 3 months of the orders expiration. Petitions for ex parte, one-year, and renewed gun violence restraining orders may be made by an immediate family member of the person or by a law enforcement officer.This bill would similarly authorize, but not require, an employer, a coworker, a mental health worker who has seen the person as a patient in the last 6 months, or an employee of a secondary or postsecondary school that the person has attended in the last 6 months to file a petition for an ex parte, one-year, or renewed gun violence restraining order.
3128
3229 Existing law authorizes a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to himself, herself, or another in the near future by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law requires the ex parte order to expire no later than 21 days after the date on the order. Existing law also authorizes a court to issue a gun violence restraining order prohibiting the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to himself, herself, or another, as specified. Existing law authorizes renewal of a gun violence restraining order within 3 months of the orders expiration. Petitions for ex parte, one-year, and renewed gun violence restraining orders may be made by an immediate family member of the person or by a law enforcement officer.
3330
34-This bill would similarly authorize, but not require, an employer, a coworker, or an employee of a secondary or postsecondary school that the person has attended in the last 6 months to file a petition for an ex parte, one-year, or renewed gun violence restraining order.
31+This bill would similarly authorize, but not require, an employer, a coworker, a mental health worker who has seen the person as a patient in the last 6 months, or an employee of a secondary or postsecondary school that the person has attended in the last 6 months to file a petition for an ex parte, one-year, or renewed gun violence restraining order.
3532
3633 ## Digest Key
3734
3835 ## Bill Text
3936
40-The people of the State of California do enact as follows:SECTION 1. Section 18150 of the Penal Code is amended to read:18150. (a) (1) An immediate family member, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true:(1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155.(2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition 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.(c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist.(d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.SEC. 2. Section 18170 of the Penal Code is amended to read:18170. (a) (1) An immediate family member, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.(2) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.SEC. 3. Section 18190 of the Penal Code is amended to read:18190. (a) (1) An immediate family member of a restrained person, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true.(c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155.(d) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true.(e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter.(f) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of one year, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section.(g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180.
37+The people of the State of California do enact as follows:SECTION 1. Section 18150 of the Penal Code is amended to read:18150. (a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true:(1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155.(2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition 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.(c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist.(d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.SEC. 2. Section 18170 of the Penal Code is amended to read:18170. (a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.(2) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.SEC. 3. Section 18190 of the Penal Code is amended to read:18190. (a) (1) An immediate family member of a restrained person, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true.(c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155.(d) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true.(e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter.(f) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of one year, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section.(g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180.
4138
4239 The people of the State of California do enact as follows:
4340
4441 ## The people of the State of California do enact as follows:
4542
46-SECTION 1. Section 18150 of the Penal Code is amended to read:18150. (a) (1) An immediate family member, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true:(1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155.(2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition 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.(c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist.(d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
43+SECTION 1. Section 18150 of the Penal Code is amended to read:18150. (a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true:(1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155.(2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition 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.(c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist.(d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
4744
4845 SECTION 1. Section 18150 of the Penal Code is amended to read:
4946
5047 ### SECTION 1.
5148
52-18150. (a) (1) An immediate family member, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true:(1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155.(2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition 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.(c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist.(d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
49+18150. (a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true:(1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155.(2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition 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.(c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist.(d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
5350
54-18150. (a) (1) An immediate family member, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true:(1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155.(2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition 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.(c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist.(d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
51+18150. (a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true:(1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155.(2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition 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.(c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist.(d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
5552
56-18150. (a) (1) An immediate family member, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true:(1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155.(2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition 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.(c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist.(d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
53+18150. (a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true:(1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155.(2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition 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.(c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist.(d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
5754
5855
5956
60-18150. (a) (1) An immediate family member, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.
57+18150. (a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.
6158
6259 (2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.
6360
6461 (3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.
6562
6663 (b) A court may issue an ex parte gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement taken pursuant to subdivision (a) of Section 18155, and any additional information provided to the court shows that there is a substantial likelihood that both of the following are true:
6764
6865 (1) The subject of the petition poses a significant danger, in the near future, of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm as determined by considering the factors listed in Section 18155.
6966
7067 (2) An ex parte gun violence restraining order is necessary to prevent personal injury to the subject of the petition 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.
7168
7269 (c) An affidavit supporting a petition for the issuance of an ex parte gun violence restraining order shall set forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist.
7370
7471 (d) An ex parte order under this chapter shall be issued or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
7572
76-SEC. 2. Section 18170 of the Penal Code is amended to read:18170. (a) (1) An immediate family member, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.(2) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.
73+SEC. 2. Section 18170 of the Penal Code is amended to read:18170. (a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.(2) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.
7774
7875 SEC. 2. Section 18170 of the Penal Code is amended to read:
7976
8077 ### SEC. 2.
8178
82-18170. (a) (1) An immediate family member, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.(2) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.
79+18170. (a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.(2) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.
8380
84-18170. (a) (1) An immediate family member, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.(2) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.
81+18170. (a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.(2) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.
8582
86-18170. (a) (1) An immediate family member, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.(2) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.
83+18170. (a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.(2) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.
8784
8885
8986
90-18170. (a) (1) An immediate family member, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.
87+18170. (a) (1) An immediate family member, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request that a court, after notice and a hearing, issue a gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year.
9188
9289 (2) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.
9390
9491 (b) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.
9592
96-SEC. 3. Section 18190 of the Penal Code is amended to read:18190. (a) (1) An immediate family member of a restrained person, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true.(c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155.(d) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true.(e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter.(f) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of one year, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section.(g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180.
93+SEC. 3. Section 18190 of the Penal Code is amended to read:18190. (a) (1) An immediate family member of a restrained person, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true.(c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155.(d) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true.(e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter.(f) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of one year, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section.(g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180.
9794
9895 SEC. 3. Section 18190 of the Penal Code is amended to read:
9996
10097 ### SEC. 3.
10198
102-18190. (a) (1) An immediate family member of a restrained person, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true.(c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155.(d) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true.(e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter.(f) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of one year, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section.(g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180.
99+18190. (a) (1) An immediate family member of a restrained person, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true.(c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155.(d) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true.(e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter.(f) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of one year, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section.(g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180.
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104-18190. (a) (1) An immediate family member of a restrained person, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true.(c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155.(d) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true.(e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter.(f) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of one year, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section.(g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180.
101+18190. (a) (1) An immediate family member of a restrained person, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true.(c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155.(d) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true.(e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter.(f) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of one year, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section.(g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180.
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106-18190. (a) (1) An immediate family member of a restrained person, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true.(c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155.(d) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true.(e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter.(f) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of one year, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section.(g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180.
103+18190. (a) (1) An immediate family member of a restrained person, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order.(2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.(3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.(b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true.(c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155.(d) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true.(e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter.(f) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of one year, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section.(g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180.
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110-18190. (a) (1) An immediate family member of a restrained person, an employer, a coworker, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order.
107+18190. (a) (1) An immediate family member of a restrained person, an employer, a coworker, a mental health worker who has seen the person as a patient in the prior six months, an employee of a secondary or postsecondary school that the person has attended in the last six months, or a law enforcement officer may request a renewal of a gun violence restraining order at any time within the three months before the expiration of a gun violence restraining order.
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112109 (2) For purposes of this subdivision, immediate family member has the same meaning as in paragraph (3) of subdivision (b) of Section 422.4.
113110
114111 (3) This chapter does not require a person described in paragraph (1) to seek a gun violence restraining order.
115112
116113 (b) A court may, after notice and a hearing, renew a gun violence restraining order issued under this chapter if the petitioner proves, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 continue to be true.
117114
118115 (c) In determining whether to renew a gun violence restraining order issued under this chapter, the court shall consider evidence of the facts identified in paragraph (1) of subdivision (b) of Section 18155 and any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the facts identified in paragraph (2) of subdivision (b) of Section 18155.
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120117 (d) At the hearing, the petitioner shall have the burden of proving, by clear and convincing evidence, that paragraphs (1) and (2) of subdivision (b) of Section 18175 are true.
121118
122119 (e) If the renewal petition is supported by clear and convincing evidence, the court shall renew the gun violence restraining order issued under this chapter.
123120
124121 (f) The renewal of a gun violence restraining order issued pursuant to this section shall have a duration of one year, subject to termination by further order of the court at a hearing held pursuant to Section 18185 and further renewal by further order of the court pursuant to this section.
125122
126123 (g) A gun violence restraining order renewed pursuant to this section shall include the information identified in subdivision (a) of Section 18180.