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 Page 2 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 Page 3 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 Page 4 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