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| 1 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 897Introduced by Senator JacksonJanuary 29, 2020 An act to amend Section 18140 of the Penal Code, relating to restraining orders. LEGISLATIVE COUNSEL'S DIGESTSB 897, as introduced, Jackson. Temporary emergency gun violence restraining orders.Existing law allows a court to issue an order restraining an individual from possessing a firearm while the order is in effect. Existing law allows the court to issue a temporary emergency gun violence restraining order on an ex parte basis if the possession of a firearm by the subject of the petition poses an immediate and present danger. Existing law requires a law enforcement officer who requests a temporary emergency gun violence restraining order to take certain steps, including filing a copy of the order with the court as soon as practicable after issuance.This bill would instead require the law enforcement officer to file a copy of the order with the court as soon as practicable, but not later than 3 days, after issuance. 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 18140 of the Penal Code is amended to read:18140. A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:(a) If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.(b) Serve the order on the restrained person, if the restrained person can reasonably be located.(c) File a copy of the order with the court as soon as practicable practicable, but not later than three days, after issuance.(d) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 897Introduced by Senator JacksonJanuary 29, 2020 An act to amend Section 18140 of the Penal Code, relating to restraining orders. LEGISLATIVE COUNSEL'S DIGESTSB 897, as introduced, Jackson. Temporary emergency gun violence restraining orders.Existing law allows a court to issue an order restraining an individual from possessing a firearm while the order is in effect. Existing law allows the court to issue a temporary emergency gun violence restraining order on an ex parte basis if the possession of a firearm by the subject of the petition poses an immediate and present danger. Existing law requires a law enforcement officer who requests a temporary emergency gun violence restraining order to take certain steps, including filing a copy of the order with the court as soon as practicable after issuance.This bill would instead require the law enforcement officer to file a copy of the order with the court as soon as practicable, but not later than 3 days, after issuance. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
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| 5 | - | Amended IN Senate March 09, 2020 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate March 09, 2020 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 897 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator JacksonJanuary 29, 2020 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Senator Jackson | |
| 18 | 18 | January 29, 2020 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Section 18140 of the Penal Code, relating to restraining orders. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 897, as | |
| 26 | + | SB 897, as introduced, Jackson. Temporary emergency gun violence restraining orders. | |
| 27 | 27 | ||
| 28 | - | Existing law allows a court to issue an order restraining an individual from possessing a firearm while the order is in effect. Existing law allows the court to issue a temporary emergency gun violence restraining order on an ex parte basis if the possession of a firearm by the subject of the petition poses an immediate and present danger. Existing law requires a law enforcement officer who requests a temporary emergency gun violence restraining order to take certain steps, including filing a copy of the order with the court as soon as practicable after issuance.This bill would instead require the law enforcement officer to file a copy of the order with the court as soon as practicable, but not later than 3 | |
| 28 | + | Existing law allows a court to issue an order restraining an individual from possessing a firearm while the order is in effect. Existing law allows the court to issue a temporary emergency gun violence restraining order on an ex parte basis if the possession of a firearm by the subject of the petition poses an immediate and present danger. Existing law requires a law enforcement officer who requests a temporary emergency gun violence restraining order to take certain steps, including filing a copy of the order with the court as soon as practicable after issuance.This bill would instead require the law enforcement officer to file a copy of the order with the court as soon as practicable, but not later than 3 days, after issuance. | |
| 29 | 29 | ||
| 30 | 30 | Existing law allows a court to issue an order restraining an individual from possessing a firearm while the order is in effect. Existing law allows the court to issue a temporary emergency gun violence restraining order on an ex parte basis if the possession of a firearm by the subject of the petition poses an immediate and present danger. Existing law requires a law enforcement officer who requests a temporary emergency gun violence restraining order to take certain steps, including filing a copy of the order with the court as soon as practicable after issuance. | |
| 31 | 31 | ||
| 32 | - | This bill would instead require the law enforcement officer to file a copy of the order with the court as soon as practicable, but not later than 3 | |
| 32 | + | This bill would instead require the law enforcement officer to file a copy of the order with the court as soon as practicable, but not later than 3 days, after issuance. | |
| 33 | 33 | ||
| 34 | 34 | ## Digest Key | |
| 35 | 35 | ||
| 36 | 36 | ## Bill Text | |
| 37 | 37 | ||
| 38 | - | The people of the State of California do enact as follows:SECTION 1. Section 18140 of the Penal Code is amended to read:18140. A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:(a) If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.(b) Serve the order on the restrained person, if the restrained person can reasonably be located.(c) File a copy of the order with the court as soon as practicable, but not later than three | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 18140 of the Penal Code is amended to read:18140. A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:(a) If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.(b) Serve the order on the restrained person, if the restrained person can reasonably be located.(c) File a copy of the order with the court as soon as practicable practicable, but not later than three days, after issuance.(d) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice. | |
| 39 | 39 | ||
| 40 | 40 | The people of the State of California do enact as follows: | |
| 41 | 41 | ||
| 42 | 42 | ## The people of the State of California do enact as follows: | |
| 43 | 43 | ||
| 44 | - | SECTION 1. Section 18140 of the Penal Code is amended to read:18140. A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:(a) If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.(b) Serve the order on the restrained person, if the restrained person can reasonably be located.(c) File a copy of the order with the court as soon as practicable, but not later than three | |
| 44 | + | SECTION 1. Section 18140 of the Penal Code is amended to read:18140. A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:(a) If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.(b) Serve the order on the restrained person, if the restrained person can reasonably be located.(c) File a copy of the order with the court as soon as practicable practicable, but not later than three days, after issuance.(d) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice. | |
| 45 | 45 | ||
| 46 | 46 | SECTION 1. Section 18140 of the Penal Code is amended to read: | |
| 47 | 47 | ||
| 48 | 48 | ### SECTION 1. | |
| 49 | 49 | ||
| 50 | - | 18140. A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:(a) If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.(b) Serve the order on the restrained person, if the restrained person can reasonably be located.(c) File a copy of the order with the court as soon as practicable, but not later than three | |
| 50 | + | 18140. A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:(a) If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.(b) Serve the order on the restrained person, if the restrained person can reasonably be located.(c) File a copy of the order with the court as soon as practicable practicable, but not later than three days, after issuance.(d) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice. | |
| 51 | 51 | ||
| 52 | - | 18140. A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:(a) If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.(b) Serve the order on the restrained person, if the restrained person can reasonably be located.(c) File a copy of the order with the court as soon as practicable, but not later than three | |
| 52 | + | 18140. A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:(a) If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.(b) Serve the order on the restrained person, if the restrained person can reasonably be located.(c) File a copy of the order with the court as soon as practicable practicable, but not later than three days, after issuance.(d) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice. | |
| 53 | 53 | ||
| 54 | - | 18140. A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:(a) If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.(b) Serve the order on the restrained person, if the restrained person can reasonably be located.(c) File a copy of the order with the court as soon as practicable, but not later than three | |
| 54 | + | 18140. A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:(a) If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.(b) Serve the order on the restrained person, if the restrained person can reasonably be located.(c) File a copy of the order with the court as soon as practicable practicable, but not later than three days, after issuance.(d) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice. | |
| 55 | 55 | ||
| 56 | 56 | ||
| 57 | 57 | ||
| 58 | 58 | 18140. A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following: | |
| 59 | 59 | ||
| 60 | 60 | (a) If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council. | |
| 61 | 61 | ||
| 62 | 62 | (b) Serve the order on the restrained person, if the restrained person can reasonably be located. | |
| 63 | 63 | ||
| 64 | - | (c) File a copy of the order with the court as soon as practicable, but not later than three | |
| 64 | + | (c) File a copy of the order with the court as soon as practicable practicable, but not later than three days, after issuance. | |
| 65 | 65 | ||
| 66 | 66 | (d) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice. |