BILL ANALYSIS
AB 668
Page 1
Date of Hearing: April 21, 2009
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 668 (Lieu) - As Amended: April 13, 2009
SUMMARY : Extends the "school zone" for purposes of criminal
sanctions for violating a gun-free area from 1,000 feet to 1,500
feet. Specifically, this bill:
1)Specifies that exceptions to the possession of a pistol in a
school zone must be "lawfully possessed."
2)Clarifies that nothing in this section is meant to allow an
individual, other than those specifically exempted to possess
a firearm on any school facility without the written
permission of the school district superintendent, his or her
designee, or equivalent school authority.
3)Defines a "school facility" as any building or property,
excluding driveways and parking lots, located on the grounds
of a public or private school providing instruction in
Kindergarten or Grades 1 to 12, inclusive.
EXISTING LAW :
1)Establishes the Gun-Free School Zone Act of 1995. (California
Penal Code Section 626.9.)
2)States that any person who possesses a firearm in a place that
the person knows, or reasonably should know, is a school zone
unless it is with the written permission of the school
district superintendent, his or her designee, or equivalent
school authority, shall be punished as follows [California
Penal Code Section 626.9(b)]:
a) Any person who possesses a firearm in, or on the grounds
of, a public or private school providing instruction in
Kindergarten or Grades 1 to 12, inclusive, shall be
punished by imprisonment in the state prison for two,
three, or five years. [California Penal Code Section
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626.9(f)(1).]
b) Any person who possesses a firearm within a distance of
1,000 feet from the grounds of a public or private school
providing instruction in Kindergarten or Grades 1 to 12,
inclusive, shall be punished as follows [California Penal
Code Section 626.9(f)(2)]:
i) By imprisonment in the state prison for two, three,
or five years, if any of the following circumstances
apply:
(1) If the person previously has been convicted of
any felony, or of any specified firearms offense.
(2) If the person is within a specified class of
persons prohibited from possessing or acquiring a
firearm.
(3) If the firearm is any pistol, revolver, or
other firearm capable of being concealed upon the
person and the offense is punished as a felony
violation of carrying a concealed weapon.
ii) By imprisonment in a county jail for not more than
one year or by imprisonment in the state prison for two,
three, or five years, in all other cases.
c) States that any person who discharges or attempts to
discharge a firearm on school grounds shall be punished by
imprisonment in the state prison for three, five, or seven
years. [California Penal Code Section 626.9(f)(3).]
d) Provides every person convicted under this section for a
misdemeanor violation of subdivision (b) who has been
convicted previously of a misdemeanor offense enumerated in
Section 12001.6 shall be punished by imprisonment in a
county jail for not less than three months, or if probation
is granted or if the execution or imposition of sentence is
suspended, it shall be a condition thereof that he or she
be imprisoned in a county jail for not less than three
months. [California Penal Code Section 626.9(g)(1).]
e) Every person convicted under this section of a felony
violation of subdivision (b) or (d) who has been convicted
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previously of a misdemeanor offense enumerated in Section
12001.6, if probation is granted or if the execution of
sentence is suspended, it shall be a condition thereof that
he or she be imprisoned in a county jail for not less than
three months. [California Penal Code Section 626.9(g)(2).]
f) Every person convicted under this section for a felony
violation of subdivision (b) or (d) who has been convicted
previously of any felony, or of any crime made punishable
by Chapter 1 (commencing with Section 12000) of Title 2 of
Part 4, if probation is granted or if the execution or
imposition of sentence is suspended, it shall be a
condition thereof that he or she be imprisoned in a county
jail for not less than three months. [California Penal
Code Section 626.9(g)(3).]
g) The court shall apply the three-month minimum sentence
specified in this subdivision, except in unusual cases
where the interests of justice would best be served by
granting probation or suspending the execution or
imposition of sentence without the minimum imprisonment
required in this subdivision or by granting probation or
suspending the execution or imposition of sentence with
conditions other than those set forth in this subdivision,
in which case the court shall specify on the record and
shall enter on the minutes the circumstances indicating
that the interests of justice would best be served by this
disposition. [California Penal Code Section 626.9(g)(4).]
3)Creates an exception to possession of a firearm within a
school zone under the following circumstances [California
Penal Code Section 626.9(c)]:
a) Within a place of residence or place of business or on
private property, if the place of residence, place of
business, or private property is not part of the school
grounds and the possession of the firearm is otherwise
lawful.
b) When the firearm is an unloaded pistol, revolver, or
other firearm capable of being concealed on the person and
is in a locked container or within the locked trunk of a
motor vehicle. This section does not prohibit or limit the
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otherwise lawful transportation of any other firearm, other
than a pistol, revolver, or other firearm capable of being
concealed on the person, in accordance with state law.
c) When the person possessing the firearm reasonably
believes that he or she is in grave danger because of
circumstances forming the basis of a current restraining
order issued by a court against another person or persons
who has or have been found to pose a threat to his or her
life or safety. This subdivision may not apply when the
circumstances involve a mutual restraining order absent a
factual finding of a specific threat to the person's life
or safety.
d) When the person is exempt from the prohibition against
carrying a concealed firearm pursuant to specified sections
of the Penal Code.
4)Defines a "school zone" as an area in, or on the grounds of, a
public or private school providing instruction in Kindergarten
or Grades 1 to 12, inclusive, or within a distance of 1,000
feet from the grounds of the public or private school.
[California Penal Code Section 626.9(e).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 668 will
expand the boundaries of the Gun-Free School Zones from 1,000
feet to 1,500 feet in an effort to restrict the possession of
firearms within school zones and to conform the boundaries
with Safe School Zones. This bill will ensure that criminal
possession or use of a gun around schools is still applicable
to the Gun-Free School Zone Act.
"AB 668 also clarifies the exceptions to the Gun-Free School
Zone Act applies only to individuals who are in lawful
possession or who are lawfully transporting a firearm. These
clarifications ensure that individuals who illegally possess
firearms are not able to exploit the Act's exemptions thus
maintaining the Legislature's original intent.
"AB 668 is an important measure to further protect schools and
the surrounding communities from gun-related violence and
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crime. By providing a safer environment for children to
attend school, California's students are able focus their
minds on achieving academically."
2)Background : According to background supplied by the author,
"California law attempts to protect students and teachers in
our public or private schools by establishing School Safe
Zones and Gun-Free School Zones which are used to provide
increased punishment for criminal activity on or near schools
and for the illegal possession of a firearm in or near a
public or private school. Therefore, allowing children to
focus more on their educational subjects than on the outside
dangers.
"In 2008, Senate Bill 1666 (Ron Calderon - Chapter 726, Statute
of 2008) expanded the areas designated by California's Safe
School Zone law from 1,000 feet to 1,500 feet around schools.
This bill provided a safer environment for California's
children by creating a larger safe zone to keep out those who
would disturb school activity and drug offenders.
"However, SB 1666 did not increase the area in which enhanced
penalties apply for illegal gun possession around public or
private schools. Thus, there is a disparity in the areas
protected by California's Safe School Zone law and
California's Gun-Free School Zone Act. Safe School Zone
extends out to an area 1,500 feet from a public or private
school, while the Gun-Free School Zone only protects an area
1,000 feet from a public or private school.
"As a result of this disparity of the areas protected by the
different zones, if criminal possession or use of a gun
outside a Gun-Free School Zone but within a Safe School Zone,
the criminal penalties established by the Gun-Free School Zone
Act would not be applicable. AB 668 seeks to address this
discrepancy by making the zones the same footage and by
sending a strong message to our neighborhoods that unlawful
possession of a firearm will not be tolerated, especially when
it occurs in close proximity to children."
3)Technical Clarifications : This bill makes clarifications to
two areas of the gun-free school zone provisions in the Penal
Code. First, this bill expands the "school zone" established
for the purpose of gun-free school zones to 1,500 feet. This
change is consistent with last year's expansion of school
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safety zones to 1,500 feet in SB 1666 (Calderon), Chapter 726,
Statutes of 2008.
Second, this bill makes clarifications to the exceptions
permitting possession of firearms within a gun-free school
zone. Specifically, this bill specifies that the unloaded and
locked firearms must also be "lawfully possessed."
4)Argument in Support : The California Chapters of the Brady
Campaign to Prevent Gun Violence states, "In 2008 SB 1666
(Calderon) was signed into law expanding the radius of a safe
school zone, as defined in Penal Code Section 626, from 1,000
feet to 1,500. However, that legislation did not address the
radius for the 'Gun Free School Zone' established in PC 626.9
at 1,000 feet.
"AB 668 expands the radius of the 'Gun Free School Zone' to
1,500 feet to make it consistent with PC 626. In addition,
this bill requires that handguns that are lawfully possessed
must be stored unladed within a locked box in a motor vehicle,
or unloaded and inside and inside the locked trunk of a
vehicle.
"Firearms simply have no place in our schools. It is in the
interest of student safety to expand the area of our gun free
school zones and to insure that lawfully possessed firearms
are locked in vehicles and not readily accessible."
5)Prior Legislation : SB 1666 (Calderon), statutes of 2008,
Chapter 726, specified that the term "schools" as used in
various provisions of law relating to school safety include
both public and private institutions. SB 1666 increased the
safe school zone distance from 1,000 feet to 1,500 feet.
REGISTERED SUPPORT / OPPOSITION :
Support
Los Angeles County Sheriff's Department (Co-Sponsor)
California Association of School Business Officials
California Chapters of the Brady Campaign to Prevent Gun
Violence
California District Attorneys Association
California Partnership to End Domestic Violence
California Peace Officers' Association
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California Police Chiefs Association
California State Sheriffs' Association
Legal Community Against Violence
San Francisco Unified School District
Opposition
California Public Defenders Association
Taxpayers for Improving Public Safety
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744