§ 18120.5. — 18120.5. (Added by Stats. 2024, Ch. 544, Sec. 16.)

California § 18120.5.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Div.: 3.2.
• Title: 2.
• Part 6.: DIVISION 3.2. Gun Violence Restraining Orders
• Ch. 1.: CHAPTER 1. General

Text

(a)
When relevant information is presented to the court at any noticed hearing that a restrained person has a firearm, the court shall consider that information to determine, by a preponderance of the evidence, whether the person subject to an order defined in Section 136.2 or Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 has a firearm in or subject to their immediate possession or control in violation of the order.
(b)
(1)
In making a determination under this section, the court may consider whether the restrained person filed a firearm relinquishment, storage, or sales receipt or if an exemption from the firearm prohibition was granted.
(2)
The court may make the determination at any noticed hearing where a restraining order is issued, at a subsequent review hearing, or at any subsequent hearing while the order remains in effect.
(3)
If the court makes a determination that the restrained person has a firearm in violation of the order, the court must make a written record of the determination and provide a copy to any party who is present at the hearing and, upon request, to any party not present at the hearing.
(c)
(1)
When presented with information under subdivision (a), the court may set a review hearing to determine whether a violation of the order has taken place.
(2)
The review hearing shall be held within 10 court days after the noticed hearing at which the information was presented. If the restrained person
is not present when the court sets the review hearing, the protected person must provide notice of the review hearing to the restrained person at least two court days before the review hearing, in accordance with Section 414.10 of the Code of Civil Procedure, by personal service or by mail to the restrained person’s last known address.
(3)
The court may for good cause extend the date of the review hearing for a reasonable period or remove it from the calendar.
(4)
The court shall order the restrained person to appear at the review hearing.
(5)
This section does not prohibit the court from permitting a party or witness to appear through technology that enables remote appearances, as determined by the court.
(d)
The determination made pursuant to this
section may be considered by the court in issuing an order to show cause for contempt pursuant to paragraph (5) of subdivision (a) of Section 1209 of the Code of Civil Procedure or an order for monetary sanctions pursuant to Section 177.5 of the Code of Civil Procedure.
(e)
This section shall become operative on January 1, 2026.

Legislative History

Added by Stats. 2024, Ch. 544, Sec. 16. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.