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SB-580 Firearms: prohibited persons.(2013-2014)

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Date Published:
SB580:v97#DOCUMENT

Amended  IN  Assembly  June 12, 2014
Amended  IN  Senate  April 17, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill No. 580


Introduced by Senator Leno Senators Jackson and Leno
(Principal coauthor: Assembly Member Williams)
(Coauthor: Senator Steinberg)

February 22, 2013


An act to amend Section 13964 of, and to add Section 13963.1 to, the Government Code, relating to grants for trauma centers. An act to add Section 30020 to the Penal Code, relating to firearms, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 580, as amended, Jackson. Crime victims: trauma recovery center grants. Firearms: prohibited persons.
Existing law establishes the Firearms Safety and Enforcement Special Fund, a continuously appropriated fund, for use by the Department of Justice for specified purposes related to weapons and firearms regulation. Existing law provides that certain persons, including, among others, felons, and certain persons suffering from mental illness, as specified, are prohibited from possessing firearms. Existing law requires the Attorney General to establish and maintain an online database to be known as the Prohibited Armed Persons File, sometimes referred to as the Armed Prohibited Persons System, to cross-reference persons who have ownership or possession of a firearm with those who are prohibited from owning or possessing a firearm.
This bill would appropriate the sum of $5,000,000 from the Firearms Safety and Enforcement Special Fund to the Department of Justice for the 2014–15 fiscal year to contract with local law enforcement agencies to reduce the backlog of individuals who are identified by the Armed Prohibited Persons System as illegally possessing firearms. The bill would additionally appropriate from the fund, $3,333,334 for the 2014–15 fiscal year, and $3,333,333 for each of the 2015–16 and 2016–17 fiscal years, to the department to redesign and update specified computer systems related to firearms, as specified. The bill would appropriate an additional $50,000 from the fund to the department for the 2014–15 fiscal year to provide training to local law enforcement agencies on the use of the Automated Firearms System. The bill would require that the training be completed on or before June 1, 2015.

The California Victim Compensation and Government Claims Board administers a program to assist state residents to obtain compensation for their pecuniary losses suffered as a direct result of criminal acts. Payment is made under these provisions from the Restitution Fund, which is continuously appropriated to the board for these purposes.

This bill would authorize the board, as specified, to administer a program to award, upon appropriation by the Legislature, up to $2 million in grants, annually, to trauma recovery centers, as defined.

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

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


SECTION 1.

 Section 30020 is added to the Penal Code, to read:

30020.
 Notwithstanding subdivision (b) of Section 28300, the following amounts are hereby appropriated from the Firearms Safety and Enforcement Special Fund to the Department of Justice:
(a) The sum of five million dollars ($5,000,000) for the 2014–15 fiscal year to contract with local law enforcement agencies to reduce the backlog of individuals who are in the Armed Prohibited Persons System (APPS) and who illegally possess firearms. The focus on reducing the APPS backlog shall be on both persons with mental illness who are prohibited persons in possession of firearms and counties with the largest backlog of prohibited persons in possession of firearms.
(b) The sum of fifty thousand dollars ($50,000) for the 2014–15 fiscal year to provide training to local law enforcement agencies on the use of the Automated Firearms System. The training shall be completed on or before June 1, 2015.
(c) The sum of three million three hundred thirty-three thousand three hundred thirty-four dollars ($3,333,334) for the 2014–15 fiscal year and the sum of three million three hundred thirty-three thousand three hundred thirty-three dollars ($3,333,333) for each of the 2015–16 and 2016–17 fiscal years to redesign and update the California Firearms Information Gateway, the Armed Prohibited Persons System, the Basic Firearms Eligibility Check System, the Applicant Firearms Eligibility Check System, and the Integrated Document Retrieval System.

SECTION 1.Section 13963.1 is added to the Government Code, to read:
13963.1.

(a)The Legislature finds and declares all of the following:

(1)Without treatment, approximately 50 percent of people who survive a traumatic, violent injury experience lasting or extended psychological or social difficulties. Untreated psychological trauma often has severe economic consequences, including overuse of costly medical services, loss of income, failure to return to gainful employment, loss of medical insurance, and loss of stable housing.

(2)Victims of crime should receive timely and effective mental health treatment.

(3)The board shall administer a program to evaluate applications and award grants to trauma recovery centers.

(b)The board shall only award a grant to a trauma recovery center that meets both of the following criteria:

(1)The trauma recovery center demonstrates that it serves as a community resource by providing services, including, but not limited to, making presentations and providing training to law enforcement, community-based agencies, and other health care providers on the identification and effects of violent crime.

(2)Any other related criteria required by the board.

(c)Upon appropriation by the Legislature, the board may award grants totaling up to two million dollars ($2,000,000) per year. All grants shall be funded only from the Restitution Fund.

(d)The board may award a grant providing funding for up to a maximum period of three years. Any portion of a grant that a trauma recovery center does not use within the specified grant period shall revert to the Restitution Fund. The board may award consecutive grants to a trauma recovery center to prevent a lapse in funding. The board shall not award a trauma recovery center more than one grant for any period of time.

(e)(1)The board shall not receive, evaluate, or approve applications for trauma recovery center grants in a fiscal year unless the Restitution Fund is projected to have a yearend fund reserve equal to, or greater than, the equivalent of 25 percent of total budgeted expenditures for the fund, as projected in the January budget proposed by the Governor pursuant to Section 12 of Article IV of the California Constitution.

(2)Grants awarded to trauma recovery centers shall not result in a yearend balance to the Restitution Fund of less than 25 percent of total budgeted expenditures for the fund, as projected in the January budget proposed by the Governor pursuant to Section 12 of Article IV of the California Constitution.

(f)The board, when considering grant applications, shall give preference to a trauma recovery center that conducts outreach to, and serves, both of the following:

(1)Crime victims who typically are unable to access traditional services, including, but not limited to, victims who are homeless, chronically mentally ill, of diverse ethnicity, members of immigrant and refugee groups, disabled, who have severe trauma-related symptoms or complex psychological issues, or juvenile victims, including a minor who has had contact with the juvenile dependency system or falls under Section 601 of the Welfare and Institutions Code.

(2)Victims of a wide range of crimes, including, but not limited to, victims of sexual assault, domestic violence, physical assault, shooting, stabbing, and vehicular assault, and family members of homicide victims.

(g)The trauma recovery center sites shall be selected by the board through a well-defined selection process that takes into account the rate of crime and geographic distribution to serve the greatest number of victims.

(h)A trauma recovery center that is awarded a grant shall do both of the following:

(1)Report to the board annually on how grant funds were spent, how many clients were served (counting an individual client who receives multiple services only once), units of service, staff productivity, treatment outcomes, and patient flow throughout both the clinical and evaluation components of service.

(2)In compliance with federal statutes and rules governing federal matching funds for victims’ services, each center shall submit any forms and data requested by the board to allow the board to receive the 60 percent federal matching funds for eligible victim services and allowable expenses.

(i)For purposes of this section, a “trauma recovery center” provides, including, but not limited to, all of the following resources, treatments, and recovery services to crime victims:

(1)Mental health services.

(2)Assertive community-based outreach and clinical case management.

(3)Coordination of care among medical and mental health care providers, law enforcement agencies, and other social services.

(4)Services to family members and loved ones of homicide victims.

(5)A multidisciplinary staff of clinicians that includes psychiatrists, psychologists, and social workers.

SEC. 2.Section 13964 of the Government Code is amended to read:
13964.

(a)Claims under this chapter shall be paid from the Restitution Fund.

(b)Notwithstanding Section 13340, except for funds to support trauma recovery center grants pursuant to Section 13963.1, the proceeds in the Restitution Fund are hereby continuously appropriated to the board, without regard to fiscal years, for the purposes of this chapter. However, the funds appropriated pursuant to this section for administrative costs of the board shall be subject to annual review through the State Budget process.

(c)A sum not to exceed 15 percent of the amount appropriated annually to pay claims pursuant to this chapter may be withdrawn from the Restitution Fund, to be used as a revolving fund by the board for the payment of emergency awards pursuant to Section 13961.