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CA AB455
Bill
Status
9/26/2023
Primary Sponsor
Diane Papan
Click for details
AI Summary
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Authorizes prosecution to request court orders prohibiting defendants in pretrial mental health diversion from owning or possessing firearms if they pose danger to themselves or others, effective July 1, 2024.
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Prosecution must prove by clear and convincing evidence that the defendant poses significant danger and that firearm prohibition is necessary because less restrictive alternatives are inadequate or ineffective.
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Firearm prohibition orders remain in effect until defendant successfully completes diversion or firearm rights are restored through established procedures in Welfare and Institutions Code Section 8103.
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Adds corresponding provisions to Welfare and Institutions Code Section 8103 to establish procedures for court notification to Department of Justice and restoration of firearm rights upon diversion completion.
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Excludes antisocial personality disorder and pedophilia from qualifying mental disorders for pretrial diversion eligibility, with borderline personality disorder exclusion effective July 1, 2024.
Legislative Description
Firearms: prohibited persons.
Last Action
Chaptered by Secretary of State - Chapter 236, Statutes of 2023.
9/26/2023