Domestic violence: protective orders.

The Domestic Violence Prevention Act requires the court, prior to a hearing on the issuance or denial of a protective order, to ensure that a search of specified records and databases is or has been made to determine if the proposed subject of the order has any specified prior criminal convictions or outstanding warrants, is on parole or probation, or is or was the subject of other protective or restraining orders. This bill would further require the court to ensure that the search described above also includes a determination of whether the proposed subject of the order has a registered firearm. Existing law prohibits a person subject to a protective order, as defined, from owning, possessing, purchasing, or receiving a firearm while that protective order is in effect and makes a willful and knowing violation of a protective order a crime. Existing law also requires the court, upon issuance of a protective order, to order the respondent to relinquish any firearm in the respondent's immediate control. Existing law requires the respondent to immediately surrender the firearm in a safe manner, upon request of any law enforcement officer, or within 24 hours of being served with the order, by either surrendering the firearm to the control of local law enforcement officials, or by selling the firearm to a licensed gun dealer. Under existing law, a person ordered to relinquish any firearm is required to file with the court a receipt showing the firearm was surrendered or sold within 48 hours after receiving the order. This bill would require a peace officer serving a protective order that indicates a respondent possesses weapons or ammunition to request that the firearm be immediately surrendered. The bill would also require a person ordered to relinquish a firearm to file a copy of the receipt described above with the local law enforcement agency that served the protective order within 48 hours after being served with the order. Because a willful and knowing violation of a protective order is a crime, the bill would expand the scope of an existing crime, resulting in a state‑mandated local program. The bill would require that the above provisions be implemented in those courts identified by the Judicial Council as having resources currently available for those purposes. The bill would require that its provisions be implemented in other courts to the extent that funds are appropriated for the purposes of the act in the annual Budget Act. Existing law requires specified law enforcement officers to take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a lawful search, as specified, when present at the scene of a domestic violence incident involving a threat to human life or physical assault. This bill would apply the requirements described above to law enforcement officers serving a protective order, as defined. By imposing additional duties on local law enforcement officers, this bill would impose a state-mandated local program. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.