Today's Law As Amended

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SB-1185 Firearms: law enforcement agencies: agency firearm accounting.(2017-2018)

As Amends the Law Today

 The Legislature finds and declares all of the following:
(a) Law enforcement agencies have a responsibility to account for, and keep track of, their firearms to ensure that they are not lost or stolen and do not end up in the hands of criminals.
(b) Existing law does not sufficiently require law enforcement agencies to account for, keep track of, or in any other way monitor their firearms.
(c) Law enforcement agencies and their officers are responsible for protecting the public and preserving the public peace and, therefore, have the responsibility of maintaining their firearms in a manner that comports with their public safety mission.

SEC. 2.

 Division 3.5 (commencing with Section 24900) is added to Title 4 of Part 6 of the Penal Code, to read:

DIVISION 3.5. Law Enforcement Agency Firearms

 (a) A law enforcement agency, as defined in subdivision (c), shall, by January 1, 2020, adopt a written procedure to account for all firearms that are owned, acquired, maintained, sold, loaned, lost, stolen from, or in any way possessed by that agency. The procedure shall, at a minimum, include all of the following:
(1) The maintenance and accurate inventory of all agency firearms, including a method for updating the inventory on a regular basis as firearms are destroyed, acquired, sold, loaned, lost, or stolen.
(2) Reconciliation of the inventory required by paragraph (1) and firearms that are in possession of the agency. The reconciliation shall occur no less than once every year.
(3) A requirement that agency employees report to the agency lost or stolen firearms owned by the agency, or used or carried by an employee within the course of his or her employment that are not owned by the agency, within five days of the date they know or reasonably should have known that the firearms were lost or stolen. This report shall satisfy the reporting requirement in subdivision (a) of Section 25255.
(4) A process for disciplining agency employees who fail to report lost or stolen firearms that is consistent with current disciplinary procedures.
(b) Within 10 days of the date that a firearm that is owned, acquired, maintained, or in any way possessed by that agency, or owned, acquired, maintained, or in any way possessed by an employee of that agency and used by that employee in carrying out his or her duties, is lost, stolen, or otherwise disposed of by the law enforcement agency, or by an employee of the law enforcement agency, a record of that disposition shall be entered into the AFS via the CLETS by the law enforcement agency. An agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via the system.
(c) For purposes of this section, the following definitions apply:
(1) “Law enforcement agency” means every district attorney, municipal police department, sheriff’s department, district attorney’s office, county probation department, and social services agency, the Department of Justice, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol, the police department of any campus of the University of California, the California State University, or community college, and every agency of a school, port, harbor, or transit district.
(2) “Firearm” has the same meaning as used in Section 16520.
SEC. 3.
  If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.