GO - 21003 - DV - Related - Convictions - and - Restraining - Order

SACRAMENTO POLICE DEPARTMENT GENERAL ORDERS GO 210.03 Page 1 of 2 201.03 DOMESTIC VIOLENCE -RELATED CONVICTIONS AND RESTRAINING ORDERS 06-05-17 PURPOSE The purpose of this order is to establish procedures for the Department -wide compliance with Title 18 USC 922 (g) (8) - (9). POLICY It shall be the policy of the Sacramento Police Department (SPD) that employees and CCW - authorized restricted personnel comply with the above provisions in that they are prohibited from possessing a firearm or ammunition if convicted of a misdemeanor crime of domestic violence or are currently subject to a qualifying restraining order. PROCEDURE A. DEFINITION S 1. INTIMATE PARTNER – The spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person , or an individual who cohabits with or has cohabited with the person. 2. MISDEMEANOR CRIME OF DOMESTIC VIOLENCE – An offense, whether or not explicitly described as a cr ime of domestic violence, that a. Is a misdemeanor under federal or state law. b. Has, as an element, the use or attempted use of force or threatened use of deadly weapon. c. Was, as its factual basis, committed by an intimate partner, parent , or guardian of the victim, or a person similarly situated to a spouse, parent , or guardian of t he victim, and is not exempt pursuant to 18 U.S.C. 921 (a) (33) (B). 3. QUALIFYING RESTRAINING ORDER – Any court order that a. Was issued after a hearing of which the person subject to the order received actual notice, and at which such person had an opportunity to participate. b. Restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily i njury to the partner or child. c. Includes a finding that such person represents a credible threat to the physical safety to such intimate partner or child, or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force again st such intimate partner or child that would reasonably be expected to cause bodily injury. B. GENERAL 1. All SPD applicants who may be subject to Title 18, USC 922 will be questioned to ensure the Department’s compliance with existing federal laws prior to empl oyment. 2. Current personnel listed in Section B .1. above shall notify their supervisor or an appropriate supervisor in the event that they are arrested for any crime outlined in the provisions set forth in Title 18 USC 922 Sections (g) (8) - (9). Additionally, the aforementioned employees shall immediately notify their supervisor or an appro priate supervisor when they are a. Convicted of a misdemeanor crime of domestic violence. b. Subject to a qualifying restraining order. C. SUPERVISOR’S RESPONSIBILITY Upon notification that an employee as described in Section B .2. has been convicted of a misdemeanor crime of domestic violence or is subject to a qualifying restraining order, the employee's supervisor or designee shall coordinate with the Internal Affa irs Division to SACRAMENTO POLICE DEPARTMENT GENERAL ORDERS GO 210.03 Page 2 of 2 1. Place the employee on administrative leave. 2. Confiscate his/her duty weapon (if applicable). 3. Make proper notifications.