Bill Text

Bill Information


PDF |Add To My Favorites |Track Bill | print page

AB-465 Mental health workers: supervision.(2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 06/30/2020 09:00 PM
AB465:v96#DOCUMENT

Amended  IN  Senate  June 30, 2020
Amended  IN  Senate  August 28, 2019
Amended  IN  Senate  May 29, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 465


Introduced by Assembly Member Eggman
(Coauthor: Assembly Member Blanca Rubio)
(Coauthor: Senator Rubio)

February 11, 2019


An act to amend Section 3044 of, and to add Section 6390 to, the Family Code, and to add Section 136.4 to the Penal Code, relating to firearms. An act to add Section 5848.7 to the Welfare and Institutions Code, relating to mental health.


LEGISLATIVE COUNSEL'S DIGEST


AB 465, as amended, Eggman. Firearm relinquishment: persons under protective orders. Mental health workers: supervision.
Existing law regulates provision of programs and services relating to mental health and requires the creation of community programs to increase access to, and quality of, community-based mental health services.
This bill would require any program permitting mental health professionals to respond to emergency mental health crisis calls in collaboration with law enforcement to ensure the mental health professionals participating in the program are supervised by a licensed mental health professional.

(1)Existing law prohibits a person subject to a protective order, as defined, from owning, possessing, purchasing, or receiving a firearm or ammunition while the protective order is in effect. Existing law requires a court, upon issuing a protective order, to order the respondent to relinquish any firearm in the respondent’s immediate control and makes a violation of that order a crime. Existing law requires the respondent, upon request of any law enforcement officer, or within 24 hours of being served with the order, to surrender or sell the firearm, as specified, and file with the court a receipt showing the firearm was surrendered or sold.

This bill would require a court, when issuing a protective order, to determine whether the restrained person has possession or control of a firearm or ammunition in violation of the requirement to relinquish that firearm or ammunition. The bill would require the court, upon making this determination, to set a review hearing, as specified, to determine whether the person continues to possess or control a firearm or ammunition in violation of the provisions described above.

(2)Existing law requires a family court to determine the best interest of the child for the purpose of deciding child custody in specified proceedings, including proceedings under the Domestic Violence Prevention Act. In making that determination, existing law requires the court to consider specified factors, including whether the perpetrator of domestic violence is restrained by a protective order or restraining order and has complied with that order.

This bill would require the court to also consider whether the perpetrator of domestic violence is, or has been, in possession or control of a firearm or ammunition in violation of the law.

(3)Existing law authorizes a court with jurisdiction over specified criminal matters to issue a protective order and requires a person who is the subject of the protective order to relinquish any owned or possessed firearms. Existing law also authorizes a court to issue a protective order as a condition of probation for domestic violence offenses.

This bill would require a court, when it issues a protective order pursuant to these provisions against a defendant charged with, or convicted of, a crime of domestic violence, to consider all relevant evidence to determine if there is good cause to believe that the defendant has possession or control of a firearm. The bill would require the court, if it determines that there is good cause to believe that the defendant has possession or control of a firearm, to set a review hearing to determine whether the defendant has complied with the requirement to relinquish that possession or control, as specified. The bill would require the court, if the court finds that the defendant possesses or controls a firearm, to consider whether bail or release on own recognizance is appropriate and would authorize the court, if the defendant is not present, to issue a bench warrant, as specified.

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

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


SECTION 1.

 Section 5848.7 is added to the Welfare and Institutions Code, to read:

5848.7.
 (a) Any program or pilot program in which mental health professionals respond in collaboration with law enforcement personnel, or in place of law enforcement personnel, to emergency calls related to mental health crises shall ensure that mental health professionals participating in the program are supervised by a licensed mental health professional.
(b) For the purposes of this section, a licensed mental health professional means one of the following:
(1) A licensed clinical social worker, pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code.
(2) A licensed professional clinical counselor, pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(3) A licensed marriage and family therapist, pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(4) A licensed psychologist, pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.