From the Desk of Mary Ervin, CFRW President
Submitted by Jeanne Solnordal, Legislative Analyst
September 25, 2023
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The California Legislative Session Has Ended What has landed on the Governor’s desk? He has till October 14, 2023 to approve or veto. GUN GRABS
Here is a list of the bills that passed before the Friday 9/15/2023 legislative deadline: SJR-7: Resolution for a federal constitutional convention to restrict firearms AB-28: Enacts a gun and ammunition excise tax AB-92: Makes it a misdemeanor for a person who is prohibited from possessing a firearm to purchase, own, or possess body armor AB-301: Authorizes a court considering a red flag petition to consider evidence of acquisition of body armor when determining whether grounds for a gun violence restraining order exist AB-725: Requires lost and stolen reporting for “precursor parts” AB-1089: CNC and 3D-printing of arms ban, prohibits sharing digital firearm plans AB-1406: Authorizes DOJ to request a delay of the delivery of a firearm for up to 30 days in an “emergency” that caused DOJ to be unable to review purchaser’s eligibility AB-1483: Deletes the private party transaction exemption to the 30-day prohibition, which prohibits a person from making more than one application to purchase a handgun within any 30-day period AB-1587: Requires a merchant acquirer to assign to a firearms merchant a unique merchant category code SB-2: Bruen response bill, enacts numerous “sensitive locations” where guns are banned, changes requirements to obtain a concealed carry license. SB-368: Prohibits gun dealers from offering an opportunity to win an item of inventory in a game dominated by chance, exempts nonprofit organizations under certain circumstances SB-452: Postpones handgun microstamping requirement to at least January 1, 2028 Assembly Bill No. 303 CHAPTER 161 An act to amend Section 30010 of the Penal Code, relating to firearms. [ Approved by Governor September 08, 2023. Filed with Secretary of State September 08, 2023. ] LEGISLATIVE COUNSEL'S DIGEST
AB 303, Davies. Firearms: prohibited persons. Existing law requires the Attorney General to establish and maintain an online database 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, and who, subsequent to the date of ownership or possession of that firearm, fall within a class of persons who are prohibited from owning or possessing a firearm. Existing law requires the Attorney General to provide investigative assistance to local law enforcement agencies to better ensure the investigation of individuals who are armed and prohibited from possessing a firearm. This bill would require the Attorney General to provide specific information to local law enforcement agencies involving prohibited persons, including, but not limited to, personal identifying information, case status, and information regarding previous contact with the prohibited person, as specified. DIGEST KEY Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no Senate Bill 2 – Firearms 09/18/23Enrolled and presented to the Governor at 3 p.m. Here is California Carry’s response to SB -2 SB 2 Highlights 171b Removes LTC (CCW permit) exemption from courthouses except for judges. 171.5(b) Prohibits firearms on the property or parking areas of an airport, except as baggage, as exempted by subdivision (e). 171.7(G) Only allows unloaded firearms on public transit while as checked baggage. 626.9(c)(5) clarifies the distance a LTC (CCW permit) exemption applies to within 1,000 feet of a school or immediately adjacent streets or sidewalks. 25610(b) eliminates the wording of "for any lawful purpose" (likely to comply with Bruen). 26150(a) Changes CCW issue from "may issue" to "shall issue" and eliminates "good cause."New requirements: at least 21 years old, specifies what evidence of residence is considered, and requires that the person be recorded in DROS as the owner of the handgun they want to carry. 26200 formally codifies the LTC (CCW permit) restrictions on behavior/no-carry zones as state law. 26230 basically makes it illegal to have a firearm (if you have an LTC/CCW) anywhere in the state, including in your car in the parking lot of prohibited places unless you lock it up. To read full article: https://www.californiacarry.org/sb-2.html MENTAL HEALTH AND THE HOMELESS Senate Bill 326 – Behavioral Health ENROLLED SEPTEMBER 18, 2023PASSED IN SENATE SEPTEMBER 14, 2023 SB 326, Eggman. The Behavioral Health Services Act. (1) Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services. Existing law authorizes the MHSA to be amended by a 2/3 vote of the Legislature if the amendments are consistent with and further the intent of the MHSA. Existing law authorizes the Legislature to add provisions to clarify procedures and terms of the MHSA by majority vote. If approved by the voters at the March 5, 2024, statewide primary election, this bill would recast the MHSA by, among other things, renaming it the Behavioral Health Services Act (BHSA), expanding it to include treatment of substance use disorders, changing the county planning process, and expanding services for which counties and the state can use funds. The bill would revise the distribution of MHSA moneys, including allocating up to $36,000,000 to the department for behavioral health workforce funding. The bill would authorize the department to require a county to implement specific evidence-based practices. This bill would require a county, for behavioral health services eligible for reimbursement pursuant to the federal Social Security Act, to submit the claims for reimbursement to the State Department of Health Care Services (the department) under specific circumstances. The bill would require counties to pursue reimbursement through various channels and would authorize the counties to report issues with managed care plans and insurers to the Department of Managed Health Care or the Department of Insurance. The MHSA establishes the Mental Health Services Oversight and Accountability Commission and requires it to adopt regulations for programs and expenditures for innovative programs and prevention and early intervention programs established by the act. Existing law requires counties to develop plans for innovative programs funded under the MHSA. This bill would rename the commission the Behavioral Health Services Oversight and Accountability Commission and would change the composition and duties of the commission, as specified. The bill would delete the provisions relating to innovative programs and instead would require the counties to establish and administer a program to provide housing interventions. The bill would provide that “low rent housing project,” as defined, does not apply to a project that meets specified criteria. This bill would make extensive technical and conforming changes. (2) Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for persons with mental disorders in every county through locally administered and locally controlled community mental health programs. Existing law further provides that, to the extent resources are available, community mental health services should be organized to provide an array of treatment options in specified areas, including, among others, case management and individual service plans. Under existing law, mental health services are provided through contracts with county mental health programs. The bill would authorize the State Department of Health Care Services to develop and revise documentation standards for individual service plans, as specified. The bill would revise the contracting process, including authorizing the department to temporarily withhold funds or impose monetary sanctions on a county behavioral health department that is not in compliance with the contract. (3) The bill would provide that its provisions are severable. (4) The bill would provide for the submission of specified sections of this bill and AB 531 to the voters at the March 5, 2024, statewide primary election, as specified. (5) This bill would declare that it is to take effect immediately as an urgency statute.
SENATE BILL-43 Behavioral Health ENROLLED SEPTEMBER 18, 2023 PASSED IN SENATE SEPTEMBER 14, 2023 SB 43 expands the definition of “gravely disabled” in the California Welfare & Institutions Code § 5008(h), making it much easier to involuntarily commit people to locked facilities for behavioral health reasons.
SB 43, Eggman. Behavioral health. Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. Existing law, for purposes of involuntary commitment, defines “gravely disabled” as either a condition in which a person, as a result of a mental health disorder, is unable to provide for their basic personal needs for food, clothing, or shelter or has been found mentally incompetent, as specified. This bill expands the definition of “gravely disabled” to also include a condition in which a person, as a result of a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, is, in addition to the basic personal needs described above, unable to provide for their personal safety or necessary medical care, as defined. The bill would also expand the definition of “gravely disabled,” as it applies to specified sections, to include, in addition to the basic needs described above, the inability for a person to provide for their personal safety or necessary medical care as a result of chronic alcoholism. The bill would authorize counties to defer implementation of these provisions to January 1, 2026, as specified. The bill would make conforming changes. To the extent that this change increases the level of service required of county mental health departments, the bill would impose a state-mandated local program. Existing law also authorizes the appointment of a conservator, in the County of Los Angeles, the County of San Diego, or the City and County of San Francisco, for a person who is incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder. Existing law establishes the hearsay rule, under which evidence of a statement is generally inadmissible if it was made other than by a witness while testifying at a hearing and is offered to prove the truth of the matter stated. Existing law sets forth exceptions to the hearsay rule to permit the admission of specified kinds of evidence. Under this bill, for purposes of an opinion offered by an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to the above-described provisions, the statements of specified health practitioners or a licensed clinical social worker included in the medical record would not be made inadmissible by the hearsay rule under specified conditions. The bill would authorize the court to grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel. Existing law requires the State Department of Health Care Services to collect data quarterly and publish, on or before May 1 of each year, a specified report that includes, among other things, the number of persons for whom temporary conservatorship are established in each county and an analysis and evaluation of the efficacy of mental health assessments, detentions, treatments, and supportive services provided, as specified. This bill would, beginning with the report due May 1, 2024, require the report to also include the number of persons admitted or detained, as specified, for conditions that include, among others, grave disability due to a mental health disorder, severe substance use disorder, or both a mental health disorder and a severe substance use disorder. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.