BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 714
                                                                  Page  1

          Date of Hearing:   April 14, 2009
          Chief Counsel:      Gregory Pagan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Jose Solorio, Chair

                     AB 714 (Feuer) - As Amended:  March 27, 2009


           SUMMARY  :   Makes the possession, manufacture, importation, or  
          sale of composite knuckles, as defined, a misdemeanor punishable  
          by up to six months in a county jail, a fine of up to $1,000, or  
          by both.  Specifically,  this bill  :  

          1)Provides that any person that possesses, manufactures, imports  
            into California, or offers for sale any composite knuckles is  
            guilty of a misdemeanor, punishable by imprisonment in a  
            county jail not to exceed one year, by a fine not to exceed  
            $1,000, or by both imprisonment and a fine.

          2)Defines "composite knuckles" as any device or instrument made  
            wholly or partially of composite materials, other than a  
            medically prescribed prosthetic, that is not a metal knuckle,  
            as defined, and which either protects the wearer's hand while  
            striking a blow or increases the force of impact from the blow  
            or injury to the individual receiving the blow.

          3)Deletes hard plastic knuckles from the above prohibition and  
            replaces them with composite knuckles. 

           EXISTING LAW  :

          1)Provides that any person in California that commercially  
            manufactures or causes to be commercially manufactured, or who  
            knowingly imports into the state for commercial sale, keeps  
            for commercial sale, or offers or exposes for commercial sale,  
            any hard plastic knuckles or hard wooden knuckles, is guilty  
            of a misdemeanor.  (Penal Code Section 12020.1.)

          2)Defines "hard plastic knuckles" or "hard wooden knuckles" as  
            any device or instrument made wholly or partially of plastic  
            or of wood, composite, or paper materials that is not a metal  
            knuckle, as defined, which is worn for purposes of offense or  
            defense in or on the hand, and which either protects the  








                                                                  AB 714
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            wearer's hand while striking a blow or increases the force of  
            impact from the blow or injury to the individual receiving the  
            blow.  The plastic, wood, composite or paper materials  
            contained in the device may help support the hand or fist,  
            provide a shield to protect it, or consist of projections, or  
            studs which would contact the individual receiving the blow.   
            (Penal Code Section 12020.1.)

          3)Provides that any person that who manufactures, imports,  
            offers or exposes for sale, or possess specified dangerous  
            weapons, including any metal knuckles, is guilty of a crime  
            punishable by imprisonment in the county jail not exceeding  
            one year, or by imprisonment in the state prison for 16  
            months, 2 or 3 years.  (Penal Code Section 12020.)

          4) Defines "metal knuckles" as any device or instrument made  
            wholly or partially of metal which is worn for purposes of  
            offense or defense in or on the hand, and which either  
            protects the wearer's hand while striking a blow or increases  
            the force of impact from the blow or injury to the individual  
            receiving the blow.  The metal contained in the device may  
            help support the hand or fist, provide a shield to protect it,  
            or consist of projections, or studs which would contact the  
            individual receiving the blow.  [Penal Code Section  
            12020(c)(7).] 

          5)Provides that any person in this state that commercially  
            manufactures or causes to be commercially manufactured, or who  
            knowingly imports into the state for commercial sale, keeps  
            for commercial sale, or offers or expose for commercial sale,  
            any undetectable knife is guilty of a misdemeanor.  (Penal  
            Code Section 12001.1.)

          FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "The current  
            language contained within Penal Code Section 12020 (c) (7)  
            that refers exclusively to 'metal knuckles' is insufficient to  
            protect law enforcement and other public safety officers from  
            similar weapons that are constructed from composite materials.  
             These weapons are even more dangerous than their metal or  
            brass counterparts because they are undetectable in metal  
            detectors, creating the potential for these weapons to be  








                                                                  AB 714
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            smuggled onto airplanes, into courthouses and other public  
            buildings, and into prisons.  This bill will close the  
            loophole that allows these dangerous weapons to pose a threat  
            to law enforcement officers and the general public."

           2)Argument in Support  :  According to the  Los Angeles County  
            District Attorney  (a co-sponsor of this bill), "Recently law  
            enforcement agencies throughout California and the rest of the  
            country have encountered a new type of weapon on the  
            streets-composite knuckles.  Composite knuckles are very  
            similar to traditional brass knuckles in strength and  
            appearance but instead of being made out of meta they are made  
            from hardened composite or ballistic material such as lexan  
            which is the same material used by law enforcement agencies  
            for riot shields and bullet proof glass.

          "Composite knuckles are as strong as traditional brass knuckles  
            and cause an equal or greater amount of damage when used to  
            attack another person.  However unlike their brass knuckle  
            counterparts, composite knuckles are undetectable by metal  
            detectors.  The manufacturers of composite knuckles proudly  
            and prominently display this fact in their advertisements.

          "Existing law makes the commercial manufacturing, importation  
            into the state for commercial sale, keeping for commercial  
            sale, or offering or exposing for commercial sale of hard  
            plastic knuckles a crime in the state of California.  (Penal  
            Code Section 12020.1)  The definition of hard plastic knuckles  
            in Penal Code Section 12020.1 allows for the lawful possession  
            of composite knuckles that are equally as dangerous and more  
            difficult to detect than traditional metal knuckles (i.e.  
            brass knuckles).

          "AB 714 closes this loophole by adding composite knuckles to the  
            list of prohibited weapons to possess under Penal Code  
            12020.1."

           3)Prior Legislation  :

             a)   AB 2706 (Feuer), of the 2007-08 Legislative Session, was  
               identical to this bill in that AB 2706 would have made the  
               possession, manufacture, importation, or sale of composite  
               knuckles a misdemeanor.  AB 2706 was vetoed.

             b)   AB 1162 (Maldonado), Chapter 346, Statutes of 2008,  








                                                                  AB 714
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               added hard wooden knuckles to existing provisions of law  
               that makes it a misdemeanor to manufacture, import, or sell  
               any hard plastic knuckles.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Los Angeles County District Attorney's 
            Office (Co-Sponsor)
          Los Angeles County Sheriff's Department
            (Co-Sponsor)
          Association for Los Angeles Deputy Sheriffs
          Butte County Sheriff 
          California District Attorneys Association
          California Peace Officers' Association
          California Police Chiefs Association
          California State Sheriffs' Association
          El Dorado County Sheriff
          Peace Officer Research Association of California
          Riverside Sheriffs' Association

           Opposition 
           
          None
           

          Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916)  
          319-3744