BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 668
                                                                  Page  1

          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
                                                                  Page  2

            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