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CA AB455

Bill

Status

Passed

9/26/2023

Primary Sponsor

Diane Papan

Click for details

Origin

State Assembly

2023-2024 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Appropriations6/28/2023
Public Safety6/14/2023
Rules6/1/2023
Appropriations3/28/2023
Public Safety2/17/2023

Full Bill Text

No bill text available