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SB-897 Temporary emergency gun violence restraining orders.(2019-2020)

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Date Published: 03/09/2020 09:00 PM
SB897:v98#DOCUMENT

Amended  IN  Senate  March 09, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 897


Introduced by Senator Jackson

January 29, 2020


An act to amend Section 18140 of the Penal Code, relating to restraining orders.


LEGISLATIVE COUNSEL'S DIGEST


SB 897, as amended, 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 court days, after issuance.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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 court days, after issuance.
(d) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice.