BILL ANALYSIS
AB 668
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Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 668 (Lieu) - As Amended: April 13, 2009
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill extends the boundaries of a "school zone" from 1,000
feet to 1,500 feet for purposes of enhanced criminal sanctions
for violating a gun-free area. Defines a school facility as any
building or property, excluding driveways and parking lots,
located on the grounds of a public or private K-12 school.
FISCAL EFFECT
1)Increased annual GF costs, potentially in the range of
$250,000, for increased state incarceration as a result of
increasing the boundaries of a K-12 school zone. In 2007 and
2008, combined, 45 persons were committed to state prison for
possession of a gun in a school zone under the subdivisions
addressed in this bill. If extending a school zone from 1,000
to 1,500 feet results in a 10% increase in state prison
commitments for unlawful gun possession, the annual GF costs
would exceed $200,000.
2)Unknown annual nonreimbursable local costs, likely in the
range of hundreds of thousands of dollars, for increased
incarceration as a result of exposing more persons to the
county jail penalties and mandatory 90-day minimum jail terms
for possessing a gun in a school zone.
COMMENTS
1)Rationale. Current law attempts to protect students and
teachers by establishing School Safe Zones and Gun-Free School
Zones to provide increased penalties for crime or illegal
possession of a gun near schools. SB 1666 (Calderon), Statutes
AB 668
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of 2008, expanded California's Safe School Zone from 1,000
feet to 1,500 feet around schools, but did not increase the
area in which enhanced penalties apply to illegal gun
possession near schools.
The intent of AB 668 is to address the disparity between the
1,500-foot school safe zones and 1,000-foot gun-free school
zones.
2)Current law specifies an array of penalties for gun possession
in or around schools. Possession of a gun in a place the
person should know is a school zone, with specified
exceptions, is punishable as follows:
a) On the grounds of a K-12 public or private school - 2,
3, or 5 years in state prison.
b) Within 1,000 feet of a K-12 school - 2, 3, or 5 years in
state prison under any of the following circumstances:
i) If the person has a prior conviction for any felony
or specified gun-related offense.
ii) If the person is within a class of persons
prohibited from possessing a gun.
iii) If the gun is concealable and the offense is
punishable as a felony violation of carrying a concealed
weapon.
c) By up to one year in county jail or 2, 3, or 5 years in
state prison in all other cases.
d) If probation is granted, a minimum jail term of 3 months
is required, unless the court finds, in the interest of
justice, that the mandatory minimum term is not
appropriate.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081