SB 755, as amended, Wolk. Firearms: prohibited persons.
(1) Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess, or have under his or her custody or control, any firearm. Violation of this prohibition is punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding $1,000, or by both that imprisonment and fine.
This bill would add to the list of misdemeanors, the conviction for which is subject to those prohibitions, misdemeanor offenses ofbegin insert violating the above provisions as well asend insert threatening a peace officer, removing a weapon from the person of a peace officer, hazing, transferring a
			 firearm without completing the transaction through a licensed firearms dealer, furnishing ammunition to a minor, possession of ammunition by a person prohibited from having a firearm, furnishing ammunition to a person prohibited from possessing ammunition, carrying ammunition onto school grounds, carrying a loaded or concealed weapon if the person has been previously convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, or if the firearm is not registered, participation in any criminal street gang, a public offense committed for the benefit of a criminal street gang,begin insert andend insert disobedience to the terms of an injunction that restrains the activities of a criminal street gang.begin delete By changing the definition of a crime, this bill would impose a state-mandated local program.end delete
(2) Under existing law it is a felony for any person who has been previously convicted of any specified violent offenses to own or have possession or custody or control of any firearm.
end deleteThis bill would additionally make it a felony for any person to own or possess a firearm if the person has been convicted of 2 or more crimes within a 3-year period and was found to have been under the influence of drugs or alcohol during the commission of the crimes, if the person has been convicted of possessing any controlled substance for sale, or if the person has violated any protective order that was issue due to a threat of violence. By expanding the definition of a crime, this bill would impose a state-mandated local program.
end deleteThe bill would also apply the above 10-year prohibition to a person who has been convicted of 2 or more specified crimes in a 3-year period involving intoxication and a person who has been convicted of possessing any controlled substance for sale. By changing the definition of a crime, this bill would impose a state-mandated local program.
end insert(3)
end deletebegin insert(2)end insert Existing law prohibits certain specified individuals, including a person who has been adjudicated a danger to others as a result of a mental disorder or mental illness, a person who has been adjudicated a mentally disordered sex offender, a person who has been found not guilty by reason of insanity, or a person who has been placed under conservatorship by a court, among others, from possessing firearms or deadly weapons.
Existing law authorizes a court to order a person to obtain assisted outpatient treatment if certain criteria are met, including that the person is suffering from a mental illness and is unlikely to survive safely in the community without supervision.
This bill would prohibit a person who has been ordered by a court to obtain assisted outpatient treatment from purchasing or possessing any firearm or other deadly weapon while subject to assisted outpatient treatment. The bill would require the court to notify the Department of Justice of the order prohibiting the person from possessing a firearm or other deadly weapon within 2 days of the order, and to notify the Department of Justice when the person is no longer subject to assisted outpatient treatment. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.
(4)
end deletebegin insert(3)end insert Existing constitutional provisions require that a statute that limits the right of access to meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by that limitation and the need for protecting that interest.
This bill would make a legislative finding and declaration relating to the necessity of treating reports to the Department of Justice as confidential in order to protect the privacy of individuals ordered to obtain assisted outpatient treatment.
(5)
end deletebegin insert(4)end insert The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares that in order 
2to protect the privacy of individuals ordered to obtain assisted 
3outpatient treatment, it is necessary that reports made by a court 
4to the Department of Justice pursuant to Sectionbegin delete 4end deletebegin insert 3end insert of this act be 
5confidential, except as provided in this act.
Section 29805 of the Penal Code is amended to read:
begin insert(a)end insertbegin insert end insert Except as provided in Section 29855 or subdivision 
8(a) of Section 29800, any person who has been convicted of a 
9misdemeanor violation ofbegin insert this section,end insert Section 69, 71, 76, 136.1, 
10136.5, or 140, subdivision (b) or (d) of Section 148, paragraph 
11(10) of subdivision (a) of Section 166, Section 171b, paragraph 
12(1) of subdivision (a) of Section 171c,begin insert Sectionend insert 171d,
						subdivision 
13(a) or (d) of Section 186.22,begin insert Section end insert186.28, 240, 241, 242, 243, 
14243.4, 244.5, 245, 245.5, 245.6begin insert,end insert 246.3, 247, 273.5, 273.6, 417, 
15417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former 
16Section 12100, as that section read at any time from when it was 
P4    1enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to 
2when it was repealed by Section 18 of Chapter 23 of the Statutes 
3of 1994, Section 17500, 17510, 25300, 25800, 26500, 30300, 
430305, 30306, 30310, 30315, or 32625, subdivision (b) or (d) of 
5Section 26100, or Section 27510, or Section 8100, 8101, or 8103 
6of the Welfare and Institutions Code, any firearm-related offense 
7pursuant to Sections 871.5 and 1001.5 of the Welfare and
8
						Institutions Code, Section 25400 that is punishable pursuant to 
9paragraph (5) or (6) of subdivision (c) of Section 25400, Section 
1025850 that is punishable pursuant to paragraph (5) or (6) of 
11subdivision (c) of Section 25850, or of the conduct punished in 
12subdivision (c) of Section 27590, and who, within 10 years of the 
13conviction, owns, purchases, receives, or has in possession or under 
14custody or control, any firearm is guilty of a public offense, which 
15shall be punishable by imprisonment in a county jail not exceeding 
16one year or in the state prison, by a fine not exceeding one thousand 
17dollars ($1,000), or by both that imprisonment and fine.begin delete The court, 
18on forms prescribed by the Department of Justice, shall notify the 
19department of persons subject to this section. However, the 
20prohibition in this section may be reduced, eliminated, or 
21conditioned as provided in Section 29855 or 29860.end delete
22(b) Except as provided in Section 29855 or subdivision (a) of 
23Section 29800, any person who has been convicted of any of the 
24following offenses and who, within 10 years of the conviction, 
25owns, purchases, receives, or has in possession or under custody 
26or control, any firearm is guilty of a public offense, which shall 
27be punishable by imprisonment in a county jail not exceeding one 
28year or in the state prison, by a fine not exceeding one thousand 
29dollars ($1,000), or by both that imprisonment and fine:
30(1) The person has been convicted of a misdemeanor violation 
31of two or more of the following offenses within a three-year period:
32(A) Subdivision (e) of Section 1700 of the Business and 
33Professions Code.
34(B) Subdivision (e) of Section 1958 of the Business and 
35Professions Code.
36(C) Section 2280 of the Business and Professions Code.
end insertbegin insert37(D) Section 4327 of the Business and Professions Code.
end insertbegin insert
38(E) Subdivision (b), (c), (d), or (f) of Section 655 of the Harbors 
39and Navigation Code.
40(F) Section 655.4 of the Harbors and Navigation Code.
end insertbegin insertP5 1(G) Section 11550 of the Health and Safety Code.
end insertbegin insert2(H) Section 191.5.
end insertbegin insert3(I) Subdivision (f) of Section 647.
end insertbegin insert4(J) Section 21407.1 of the Public Utilities Code.
end insertbegin insert5(K) Section 21200.5 of the Vehicle Code.
end insertbegin insert6(L) Section 23152 of the Vehicle Code.
end insertbegin insert7(M) Section 23153 of the Vehicle Code.
end insertbegin insert8(N) Section 23154 of the Vehicle Code.
end insertbegin insert
9(2) The person has been convicted of possessing any controlled 
10substance for sale.
11(c) The court, on forms prescribed by the Department of Justice, 
12shall notify the department of persons subject to this section. 
13However, the prohibition in this section may be reduced, 
14eliminated, or conditioned as provided in Section 29855 or
						29860.
Section 29900 of the Penal Code is amended to read:
(a) (1) Notwithstanding subdivision (a) of Section 
1729800, any person who has been previously convicted of any of 
18the offenses listed in Section 29905 and who owns or has in 
19possession or under custody or control any firearm is guilty of a 
20felony.
21(2) A dismissal of an accusatory pleading pursuant to Section 
221203.4a involving an offense set forth in Section 29905 does not 
23affect the finding of a previous conviction.
24(3) If probation is granted, or if the imposition or execution of 
25sentence is suspended, it shall be a condition of the probation or 
26suspension that the defendant serve at least six months in a county 
27jail.
28(b) (1) Any person previously convicted of any of the offenses 
29listed in Section 29905 which conviction results from certification 
30by the juvenile court for prosecution as an adult in adult court 
31under the provisions of Section 707 of the Welfare and Institutions 
32Code, who owns or has in possession or under custody or control 
33any firearm, is guilty of a felony.
34(2) If probation is granted, or if the imposition or execution of 
35sentence is suspended, it shall be a condition of the probation or 
36suspension that the defendant serve at least six months in a county 
37jail.
38(c) Any person to whom one of the following applies and who 
39owns or has in possession or under custody or control any firearm 
40is guilty of a felony:
P6    1(1) The person has been convicted of two or more crimes within 
2a three-year period and was found to have been under the influence 
3of drugs or alcohol during the commission of the crimes.
4(2) The person has been convicted of possessing any controlled 
5substance for sale.
6(3) The person has
				  violated any protective order that was issued 
7due to a threat of violence.
8(d) The court shall apply the minimum sentence as specified in 
9subdivisions (a), (b), and (c) except in unusual cases where the 
10interests of justice would best be served by granting probation or 
11suspending the imposition or execution of sentence without the 
12imprisonment
				  required by subdivisions (a), (b), and (c) or by 
13granting probation or suspending the imposition or execution of 
14sentence with conditions other than those set forth in subdivisions 
15(a), (b), and (c) in which case the court shall specify on the record 
16and shall enter on the minutes the circumstances indicating that 
17the interests of justice would best be served by the
				  disposition.
Section 8103 of the Welfare and Institutions Code is 
20amended to read:
(a) (1) No person who after October 1, 1955, has been 
22adjudicated by a court of any state to be a danger to others as a 
23result of a mental disorder or mental illness, or who has been 
24adjudicated to be a mentally disordered sex offender, shall purchase 
25or receive, or attempt to purchase or receive, or have in his or her 
26possession, custody, or control any firearm or any other deadly 
27weapon unless there has been issued to the person a certificate by 
28the court of adjudication upon release from treatment or at a later 
29date stating that the person may possess a firearm or any other 
30deadly weapon without endangering others, and the person has 
31not, subsequent to the issuance of the certificate, again been 
32adjudicated by a court to
						be a danger to others as a result of a 
33mental disorder or mental illness.
34(2) The court shall immediately notify the Department of Justice 
35of the court order finding the individual to be a person described 
36in paragraph (1). The court shall also notify the Department of 
37Justice of any certificate issued as described in paragraph (1).
38(b) (1) No person who has been found, pursuant to Section 
391026 of the Penal Code or the law of any other state or the United 
40States, not guilty by reason of insanity of murder, mayhem, a 
P7    1violation of Section 207, 209, or 209.5 of the Penal Code in which 
2the victim suffers intentionally inflicted great bodily injury, 
3carjacking or robbery in which the victim suffers great bodily 
4injury, a violation of Section 451 or 452 of the
						Penal Code 
5involving a trailer coach, as defined in Section 635 of the Vehicle 
6Code, or any dwelling house, a violation of paragraph (1) or (2) 
7of subdivision (a) of Section 262 or paragraph (2) or (3) of 
8subdivision (a) of Section 261 of the Penal Code, a violation of 
9Section 459 of the Penal Code in the first degree, assault with 
10intent to commit murder, a violation of Section 220 of the Penal 
11Code in which the victim suffers great bodily injury, a violation 
12of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the 
13Penal Code, or of a felony involving death, great bodily injury, or 
14an act which poses a serious threat of bodily harm to another 
15person, or a violation of the law of any other state or the United 
16States that includes all the elements of any of the above felonies 
17as defined under California law, shall purchase or receive, or 
18attempt to purchase or receive, or have in his or her possession
						or 
19under his or her custody or control any firearm or any other deadly 
20weapon.
21(2) The court shall immediately notify the Department of Justice 
22of the court order finding the person to be a person described in 
23paragraph (1).
24(c) (1) No person who has been found, pursuant to Section 1026 
25of the Penal Code or the law of any other state or the United States, 
26not guilty by reason of insanity of any crime other than those 
27described in subdivision (b) shall purchase or receive, or attempt 
28to purchase or receive, or shall have in his or her possession, 
29custody, or control any firearm or any other deadly weapon unless 
30the court of commitment has found the person to have recovered 
31sanity, pursuant to Section 1026.2 of the Penal Code or the law of 
32any other
						state or the United States.
33(2) The court shall immediately notify the Department of Justice 
34of the court order finding the person to be a person described in 
35paragraph (1). The court shall also notify the Department of Justice 
36when it finds that the person has recovered his or her sanity.
37(d) (1) No person found by a court to be mentally incompetent 
38to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code 
39or the law of any other state or the United States, shall purchase 
40or receive, or attempt to purchase or receive, or shall have in his 
P8    1or her possession, custody, or control, any firearm or any other 
2deadly weapon, unless there has been a finding with respect to the 
3person of restoration to competence to stand trial by the committing 
4court,
						pursuant to Section 1372 of the Penal Code or the law of 
5any other state or the United States.
6(2) The court shall immediately notify the Department of Justice 
7of the court order finding the person to be mentally incompetent 
8as described in paragraph (1). The court shall also notify the 
9Department of Justice when it finds that the person has recovered 
10his or her competence.
11(e) (1) No person who has been placed under conservatorship 
12by a court, pursuant to Section 5350 or the law of any other state 
13or the United States, because the person is gravely disabled as a 
14result of a mental disorder or impairment by chronic alcoholism, 
15shall purchase or receive, or attempt to purchase or receive, or 
16shall have in his or her possession, custody, or control, any firearm 
17or
						any other deadly weapon while under the conservatorship if, at 
18the time the conservatorship was ordered or thereafter, the court 
19which imposed the conservatorship found that possession of a 
20firearm or any other deadly weapon by the person would present 
21a danger to the safety of the person or to others. Upon placing any 
22person under conservatorship, and prohibiting firearm or any other 
23deadly weapon possession by the person, the court shall notify the 
24person of this prohibition.
25(2) The court shall immediately notify the Department of Justice 
26of the court order placing the person under conservatorship and 
27prohibiting firearm or any other deadly weapon possession by the 
28person as described in paragraph (1). The notice shall include the 
29date the conservatorship was imposed and the date the 
30conservatorship is to be terminated. If the
						conservatorship is 
31subsequently terminated before the date listed in the notice to the 
32Department of Justice or the court subsequently finds that 
33possession of a firearm or any other deadly weapon by the person 
34would no longer present a danger to the safety of the person or 
35others, the court shall immediately notify the Department of Justice.
36(3) All information provided to the Department of Justice 
37pursuant to paragraph (2) shall be kept confidential, separate, and 
38apart from all other records maintained by the Department of 
39Justice, and shall be used only to determine eligibility to purchase 
40or possess firearms or other deadly weapons. Any person who 
P9    1knowingly furnishes that information for any other purpose is 
2guilty of a misdemeanor. All the information concerning any person 
3shall be destroyed upon receipt by the Department of Justice of 
4notice
						of the termination of conservatorship as to that person 
5pursuant to paragraph (2).
6(f) (1) No person who has been (A) taken into custody as 
7provided in Section 5150 because that person is a danger to himself, 
8herself, or to others, (B) assessed within the meaning of Section 
95151, and (C) admitted to a designated facility within the meaning 
10of Sections 5151 and 5152 because that person is a danger to 
11himself, herself, or others, shall own, possess, control, receive, or 
12purchase, or attempt to own, possess, control, receive, or purchase 
13any firearm for a period of five years after the person is released 
14from the facility. A person described in the preceding sentence, 
15however, may own, possess, control, receive, or purchase, or 
16attempt to own, possess, control, receive, or purchase any firearm 
17if the superior court has, pursuant to
						paragraph (5), found that the 
18people of the State of California have not met their burden pursuant 
19to paragraph (6).
20(2) (A) For each person subject to this subdivision, the facility 
21shall immediately, on the date of admission, submit a report to the 
22Department of Justice, on a form prescribed by the Department of 
23Justice, containing information that includes, but is not limited to, 
24the identity of the person and the legal grounds upon which the 
25person was admitted to the facility.
26Any report submitted pursuant to this paragraph shall be 
27confidential, except for purposes of the court proceedings described 
28in this subdivision and for determining the eligibility of the person 
29to own, possess, control, receive, or purchase a firearm.
30(B) Commencing July 1, 2012, facilities shall submit reports 
31pursuant to this paragraph exclusively by electronic means, in a 
32manner prescribed by the Department of Justice.
33(3) Prior to, or concurrent with, the discharge, the facility shall 
34inform a person subject to this subdivision that he or she is 
35prohibited from owning, possessing, controlling, receiving, or 
36purchasing any firearm for a period of five years. Simultaneously, 
37the facility shall inform the person that he or she may request a 
38hearing from a court, as provided in this subdivision, for an order 
39permitting the person to own, possess, control, receive, or purchase 
40a firearm. The facility shall provide the person with a form for a 
P10   1request for a hearing. The Department of Justice shall prescribe 
2the form. Where the person requests a hearing at the time of 
3discharge,
						the facility shall forward the form to the superior court 
4unless the person states that he or she will submit the form to the 
5superior court.
6(4) The Department of Justice shall provide the form upon 
7request to any person described in paragraph (1). The Department 
8of Justice shall also provide the form to the superior court in each 
9county. A person described in paragraph (1) may make a single 
10request for a hearing at any time during the five-year period. The 
11request for hearing shall be made on the form prescribed by the 
12department or in a document that includes equivalent language.
13(5) Any person who is subject to paragraph (1) who has 
14requested a hearing from the superior court of his or her county 
15of residence for an order that he or she may own, possess, control, 
16receive, or
						purchase firearms shall be given a hearing. The clerk 
17of the court shall set a hearing date and notify the person, the 
18Department of Justice, and the district attorney. The people of the 
19State of California shall be the plaintiff in the proceeding and shall 
20be represented by the district attorney. Upon motion of the district 
21attorney, or on its own motion, the superior court may transfer the 
22hearing to the county in which the person resided at the time of 
23his or her detention, the county in which the person was detained, 
24or the county in which the person was evaluated or treated. Within 
25seven days after the request for a hearing, the Department of Justice 
26shall file copies of the reports described in this section with the 
27superior court. The reports shall be disclosed upon request to the 
28person and to the district attorney. The court shall set the hearing 
29within 30 days of receipt of the request for a
						hearing. Upon 
30showing good cause, the district attorney shall be entitled to a 
31continuance not to exceed 14 days after the district attorney was 
32notified of the hearing date by the clerk of the court. If additional
33
						continuances are granted, the total length of time for continuances 
34shall not exceed 60 days. The district attorney may notify the 
35county mental health director of the hearing who shall provide 
36information about the detention of the person that may be relevant 
37to the court and shall file that information with the superior court. 
38That information shall be disclosed to the person and to the district 
39attorney. The court, upon motion of the person subject to paragraph 
40(1) establishing that confidential information is likely to be 
P11   1discussed during the hearing that would cause harm to the person, 
2shall conduct the hearing in camera with only the relevant parties 
3present, unless the court finds that the public interest would be 
4better served by conducting the hearing in public. Notwithstanding 
5any other law, declarations, police reports, including criminal 
6history information, and any other
						material and relevant evidence 
7that is not excluded under Section 352 of the Evidence Code shall 
8be admissible at the hearing under this section.
9(6) The people shall bear the burden of showing by a 
10preponderance of the evidence that the person would not be likely 
11to use firearms in a safe and lawful manner.
12(7) If the court finds at the hearing set forth in paragraph (5) 
13that the people have not met their burden as set forth in paragraph 
14(6), the court shall order that the person shall not be subject to the 
15five-year prohibition in this section on the ownership, control, 
16receipt, possession, or purchase of firearms. A copy of the order 
17shall be submitted to the Department of Justice. Upon receipt of 
18the order, the Department of Justice shall delete any reference to 
19the prohibition
						against firearms from the person’s state mental 
20health firearms prohibition system information.
21(8) Where the district attorney declines or fails to go forward
22
						in the hearing, the court shall order that the person shall not be 
23subject to the five-year prohibition required by this subdivision 
24on the ownership, control, receipt, possession, or purchase of 
25firearms. A copy of the order shall be submitted to the Department 
26of Justice. Upon receipt of the order, the Department of Justice 
27shall, within 15 days, delete any reference to the prohibition against 
28firearms from the person’s state mental health firearms prohibition 
29system information.
30(9) Nothing in this subdivision shall prohibit the use of reports 
31filed pursuant to this section to determine the eligibility of persons 
32to own, possess, control, receive, or purchase a firearm if the person 
33is the subject of a criminal investigation, a part of which involves 
34the ownership, possession, control, receipt, or purchase of a 
35firearm.
36(g) (1) No person who has been certified for intensive treatment 
37under Section 5250, 5260, or 5270.15 shall own, possess, control, 
38receive, or purchase, or attempt to own, possess, control, receive, 
39or purchase, any firearm for a period of five years.
P12   1Any person who meets the criteria contained in subdivision (e) 
2or (f) who is released from intensive treatment shall nevertheless, 
3if applicable, remain subject to the prohibition contained in 
4subdivision (e) or (f).
5(2) (A) For each person certified for intensive treatment under 
6paragraph (1), the facility shall immediately submit a report to the 
7Department of Justice, on a form prescribed by the department, 
8containing information regarding the person,
						including, but not 
9limited to, the legal identity of the person and the legal grounds 
10upon which the person was certified. Any report submitted pursuant 
11to this paragraph shall only be used for the purposes specified in 
12paragraph (2) of subdivision (f).
13(B) Commencing July 1, 2012, facilities shall submit reports 
14pursuant to this paragraph exclusively by electronic means, in a 
15manner prescribed by the Department of Justice.
16(3) Prior to, or concurrent with, the discharge of each person 
17certified for intensive treatment under paragraph (1), the facility 
18shall inform the person of that information specified in paragraph 
19(3) of subdivision (f).
20(4) Any person who is subject to paragraph (1) may petition the 
21superior court
						of his or her county of residence for an order that 
22he or she may own, possess, control, receive, or purchase firearms. 
23At the time the petition is filed, the clerk of the court shall set a 
24hearing date and notify the person, the Department of Justice, and 
25the district attorney. The people of the State of California shall be 
26the respondent in the proceeding and shall be represented by the 
27district attorney. Upon motion of the district attorney, or on its 
28own motion, the superior court may transfer the petition to the 
29county in which the person resided at the time of his or her 
30detention, the county in which the person was detained, or the 
31county in which the person was evaluated or treated. Within seven 
32days after receiving notice of the petition, the Department of Justice 
33shall file copies of the reports described in this section with the 
34superior court. The reports shall be disclosed upon request to the 
35person
						and to the district attorney. The district attorney shall be 
36entitled to a continuance of the hearing to a date of not less than 
3714 days after the district attorney was notified of the hearing date 
38by the clerk of the court. The district attorney may notify the county 
39mental health director of the petition, and the county mental health 
40director shall provide information about the detention of the person 
P13   1that may be relevant to the court and shall file that information 
2with the superior court. That information shall be disclosed to the 
3person and to the district attorney. The court, upon motion of the 
4person subject to paragraph (1) establishing that confidential 
5information is likely to be discussed during the hearing that would 
6cause harm to the person, shall conduct the hearing in camera with 
7only the relevant parties present, unless the court finds that the 
8public interest would be better served by
						conducting the hearing 
9in public. Notwithstanding any other provision of law, any 
10declaration, police reports, including criminal history information, 
11and any other material and relevant evidence that is not excluded 
12under Section 352 of the Evidence Code, shall be admissible at 
13the hearing under this section. If the court finds by a preponderance 
14of the evidence that the person would be likely to use firearms in 
15a safe and lawful manner, the court may order that the person may 
16own, control, receive, possess, or purchase firearms. A copy of 
17the order shall be submitted to the Department of Justice. Upon 
18receipt of the order, the Department of Justice shall delete any 
19reference to the prohibition against firearms from the person’s 
20state mental health firearms prohibition system information.
21(h) For all persons identified in subdivisions (f) and
						(g), facilities 
22shall report to the Department of Justice as specified in those 
23subdivisions, except facilities shall not report persons under 
24subdivision (g) if the same persons previously have been reported 
25under subdivision (f).
26Additionally, all facilities shall report to the Department of 
27Justice upon the discharge of persons from whom reports have 
28been submitted pursuant to subdivision (f) or (g). However, a report 
29shall not be filed for persons who are discharged within 31 days 
30after the date of admission.
31(i) (1) No person who has been ordered by a court to obtain 
32assisted outpatient treatment pursuant to Article 9 (commencing 
33with Section 5345) of Chapter 2 of Part 1 of Division 5 shall 
34purchase or receive, or attempt to purchase or receive, or shall 
35have in his
						or her possession, custody, or control, any firearm or 
36any other deadly weapon while subject to assisted outpatient 
37treatment. Upon placing any person under assisted outpatient 
38treatment, the court shall notify the person of this prohibition.
39(2) The court shall notify the Department of Justice of the court 
40order placing the person in assisted outpatient treatment and 
P14   1prohibiting firearm or any other deadly weapon possession by the 
2person described in paragraph (1) within two days of the order. 
3The court shall also notify the Department of Justice when the 
4person subject to paragraph (1) is no longer subject to assisted 
5outpatient treatment. Any report submitted pursuant to this 
6paragraph shall be confidential, except for purposes of the court 
7proceedings specified in this subdivision and for purposes of 
8determining the eligibility of the
						person to own, possess, control, 
9receive, or purchase a firearm.
10(j) Every person who owns or possesses or has under his or her 
11custody or control, or purchases or receives, or attempts to purchase 
12or receive, any firearm or any other deadly weapon in violation of 
13this section shall be punished by imprisonment pursuant to 
14subdivision (h) of Section 1170 of the Penal Code or in a county 
15jail for not more than one year.
16(k) “Deadly weapon,” as used in this section, has the meaning 
17prescribed by Section 8100.
No reimbursement is required by this act pursuant to 
20Section 6 of Article XIII B of the California Constitution because 
21the only costs that may be incurred by a local agency or school 
22district will be incurred because this act creates a new crime or 
23infraction, eliminates a crime or infraction, or changes the penalty 
24for a crime or infraction, within the meaning of Section 17556 of 
25the Government Code, or changes the definition of a crime within 
26the meaning of Section 6 of Article XIII B of the California 
27Constitution.
O
98