BILL NUMBER: AB 740 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2010
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Hagman
FEBRUARY 26, 2009
An act to amend Section 1269b of the Penal Code, relating
to bail. 12316 of, to add a heading for Chapter 2.6
(commencing with Section 12320) to, to repeal Sections 12317 and
12318 of, to repeal Article 3.5 (commencing with Section 12060) of
Chapter 1 of, and to repeal the heading of Chapter 2.6 (commencing
with Section 12316) of, Title 2 of Part 4 of the Penal Code, and to
repeal Section 1 of Chapter 628 of the Statutes of 2009, relating to
ammunition.
LEGISLATIVE COUNSEL'S DIGEST
AB 740, as amended, Hagman. Bail.
Ammunition.
Existing law, effective January 1, 2010, provides that no handgun
ammunition vendor, as defined, shall sell, offer for sale, or display
for sale, any handgun ammunition in a manner that allows that
ammunition to be accessible to a purchaser without the assistance of
the vendor or employee thereof.
This bill would repeal those provisions.
Existing law, effective January 1, 2010, requires, subject to
exceptions, commencing February 1, 2011, that handgun ammunition
vendors obtain a thumbprint and other information from ammunition
purchasers, as specified. It prohibits supplying or delivering, as
specified, handgun ammunition to prohibited persons, as described, by
persons or others who know, or by using reasonable care should know,
that the recipient is a person prohibited from possessing ammunition
or a minor prohibited from possessing ammunition, as specified.
Existing law, effective January 1, 2010, provides, subject to
exceptions, that commencing February 1, 2011, the delivery or
transfer of ownership of handgun ammunition may only occur in a
face-to-face transaction, with the deliverer or transferor being
provided bona fide evidence of identity of the purchaser or other
transferee. Violations of any of the above provisions are
misdemeanors, some with specified penalties.
This bill would repeal those provisions.
Existing law requires the superior court judges in each county to
prepare, adopt, and annually revise a uniform countywide schedule of
bail for all bailable offenses, as specified.
This bill would allow the superior court judges of any county in
which the inmate population reaches 80% of the county correctional
system's mandated capacity to temporarily reduce or modify the bail
schedule approved for the county in order to prevent the early
release of prisoners who have not posted bail.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 3.5 (commencing with Section
12060) of Chapter 1 of Title 2 of Part 4 of the Penal Code
, as added by Chapter 628 of the Statutes of 2009, is
repealed.
SEC. 2. The heading of Chapter 2.6 (commencing
with Section 12316) of Title 2 of Part 4 of the Penal Code
, as added by Chapter 628 of the Statutes of 2009, is
repealed.
CHAPTER 2.6. AMMUNITION
SEC. 3. Section 12316 of the Penal Code
, as amended by Chapter 628 of the Statutes of 2009, is
amended to read:
12316. (a) (1) Any person, corporation, or dealer who does
any either of the following shall be
punished by imprisonment in a county jail for a term not to exceed
six months, or by a fine not to exceed one thousand dollars ($1,000),
or by both the imprisonment and fine:
(A) Sells any ammunition or reloaded ammunition to a person under
18 years of age.
(B) Sells any ammunition or reloaded ammunition designed and
intended for use in a handgun to a person under 21 years of age. As
used in this subparagraph, "ammunition" means handgun ammunition as
defined in subdivision (a) of Section 12323. Where ammunition or
reloaded ammunition may be used in both a rifle and a handgun, it may
be sold to a person who is at least 18 years of age, but less than
21 years of age, if the vendor reasonably believes that the
ammunition is being acquired for use in a rifle and not a handgun.
(C) Supplies, delivers, or gives possession of any ammunition to
any minor who he or she knows, or using reasonable care should know,
is prohibited from possessing that ammunition at that time pursuant
to Section 12101.
(2) Proof that a person, corporation, or dealer, or his or her
agent or employee, demanded, was shown, and acted in reasonable
reliance upon, bona fide evidence of majority and identity shall be a
defense to any criminal prosecution under this subdivision. As used
in this subdivision, "bona fide evidence of majority and identity"
means a document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license, California state
identification card, identification card issued to a member of the
Armed Forces, or other form of identification that bears the name,
date of birth, description, and picture of the person.
(b) (1) No person prohibited from owning or possessing a firearm
under Section 12021 or 12021.1 of this code or Section 8100 or 8103
of the Welfare and Institutions Code shall own, possess, or have
under his or her custody or control, any ammunition or reloaded
ammunition.
(2) For purposes of this subdivision, "ammunition" shall include,
but not be limited to, any bullet, cartridge, magazine, clip, speed
loader, autoloader, or projectile capable of being fired from a
firearm with a deadly consequence. "Ammunition" does not
include blanks.
(3) A violation of paragraph (1) of this subdivision is punishable
by imprisonment in a county jail not to exceed one year or in the
state prison, by a fine not to exceed one thousand dollars ($1,000),
or by both the fine and imprisonment.
(4) A person who is not prohibited by paragraph (1) from owning,
possessing, or having under his or her custody or control, any
ammunition or reloaded ammunition, but who is enjoined from engaging
in activity pursuant to an injunction issued pursuant to Section 3479
of the Civil Code against that person as a member of a criminal
street gang, as defined in Section 186.22, may not own, possess, or
have under his or her custody or control, any ammunition or reloaded
ammunition.
(5) A violation of paragraph (4) of this subdivision is a
misdemeanor.
(c) Unless it is with the written permission of the school
district superintendent, his or her designee, or equivalent school
authority, no person shall carry ammunition or reloaded ammunition
onto school grounds, except sworn law enforcement officers acting
within the scope of their duties or persons exempted under
subparagraph (A) of paragraph (1) of subdivision (a) of Section
12027. This subdivision shall not apply to a duly appointed peace
officer as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, a full-time paid peace officer of another state or
the federal government who is carrying out official duties while in
California, any person summoned by any of these officers to assist in
making an arrest or preserving the peace while he or she is actually
engaged in assisting the officer, a member of the military forces of
this state or of the United States who is engaged in the performance
of his or her duties, a person holding a valid license to carry the
firearm pursuant to Article 3 (commencing with Section 12050) of
Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, who is
engaged in the performance of his or her duties, as defined in
subdivision (e) of Section 7521 of the Business and Professions Code.
A violation of this subdivision is punishable by imprisonment in a
county jail for a term not to exceed six months, a fine not to exceed
one thousand dollars ($1,000), or both the imprisonment and fine.
(d) (1) A violation of paragraph (1) or (4) of subdivision (b) is
justifiable where all of the following conditions are met:
(A) The person found the ammunition or reloaded ammunition or took
the ammunition or reloaded ammunition from a person who was
committing a crime against him or her.
(B) The person possessed the ammunition or reloaded ammunition no
longer than was necessary to deliver or transport the ammunition or
reloaded ammunition to a law enforcement agency for that agency's
disposition according to law.
(C) The person is prohibited from possessing any ammunition or
reloaded ammunition solely because that person is prohibited from
owning or possessing a firearm only by virtue of Section 12021 or
ammunition or reloaded ammunition because of paragraph (4) of
subdivision (b).
(2) Upon the trial for violating paragraph (1) or (4) of
subdivision (b), the trier of fact shall determine whether the
defendant is subject to the exemption created by this subdivision.
(3) The defendant has the burden of proving by a preponderance of
the evidence that he or she is subject to the exemption provided by
this subdivision.
SEC. 4. Section 12317 of the Penal Code
, as added by Chapter 628 of the Statutes of 2009, is
repealed.
12317. (a) Any person, corporation, or firm who supplies,
delivers, sells, or gives possession or control of, any ammunition to
any person who he or she knows or using reasonable care should know
is prohibited from owning, possessing, or having under his or her
custody or control, any ammunition or reloaded ammunition pursuant to
paragraph (1) or (4) of subdivision (b) of Section 12316, is guilty
of a misdemeanor, punishable by imprisonment in a county jail not
exceeding one year, or a fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) The provisions of this section are cumulative and shall not be
construed as restricting the application of any other law. However,
an act or omission punishable in different ways by this section and
another provision of law shall not be punished under more than one
provision.
(c) For purposes of this section, "ammunition" shall include, but
not be limited to, any bullet, cartridge, magazine, clip, speed
loader, autoloader, or projectile capable of being fired from a
firearm with deadly consequence. "Ammunition" does not include
blanks.
SEC. 5. Section 12318 of the
Penal Code , as added by Chapter 628 of the Statutes of
2009, is repealed.
12318. (a) Commencing February 1, 2011, the delivery or transfer
of ownership of handgun ammunition may only occur in a face-to-face
transaction with the deliverer or transferor being provided bona fide
evidence of identity from the purchaser or other transferee. A
violation of this section is a misdemeanor.
(b) For purposes of this section:
(1) "Bona fide evidence of identity" means a document issued by a
federal, state, county, or municipal government, or subdivision or
agency thereof, including, but not limited to, a motor vehicle
operator's license, state identification card, identification card
issued to a member of the Armed Forces, or other form of
identification that bears the name, date of birth, description, and
picture of the person.
(2) "Handgun ammunition" means handgun ammunition as defined in
subdivision (a) of Section 12323, but excluding ammunition designed
and intended to be used in an "antique firearm" as defined in Section
921(a)(16) of Title 18 of the United States Code. Handgun ammunition
does not include blanks.
(3) "Handgun ammunition vendor" has the same meaning as set forth
in Section 12060.
(c) Subdivision (a) shall not apply to or affect the deliveries,
transfers, or sales of, handgun ammunition to any of the following:
(1) Authorized law enforcement representatives of cities,
counties, cities and counties, or state and federal governments for
exclusive use by those government agencies if, prior to the delivery,
transfer, or sale of the handgun ammunition, written authorization
from the head of the agency employing the purchaser or transferee, is
obtained identifying the employee as an individual authorized to
conduct the transaction, and authorizing the transaction for the
exclusive use of the agency employing the individual.
(2) Sworn peace officers, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 who are authorized to carry a
firearm in the course and scope of their duties.
(3) Importers and manufacturers of handgun ammunition or firearms
licensed to engage in business pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
(4) Persons who are on the centralized list maintained by the
Department of Justice pursuant to Section 12083.
(5) Persons whose licensed premises are outside this state who are
licensed as dealers or collectors of firearms pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
(6) Persons licensed as collectors of firearms pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto whose licensed
premises are within this state who has a current certificate of
eligibility issued to him or her by the Department of Justice
pursuant to Section 12071.
(7) A handgun ammunition vendor.
(8) A consultant-evaluator, as defined in subdivision (s) of
Section 12001.
SEC. 6. A heading for Chapter 2.6 (commencing with
Section 12320) is added to Title 2 of Part 4 of the Penal
Code , to read:
CHAPTER 2.6. AMMUNITION
SEC. 7. Section 1 of Chapter 628 of the Statutes of
2009 is repealed.
SECTION 1. This act shall be known, and may be
cited, as the Anti-Gang Neighborhood Protection Act of 2009.
SECTION 1. Section 1269b of the Penal Code is
amended to read:
1269b. (a) The officer in charge of a jail in which an arrested
person is held in custody, an officer of a sheriff's department or
police department of a city who is in charge of a jail or is employed
at a fixed police or sheriff's facility and is acting under an
agreement with the agency that keeps the jail in which an arrested
person is held in custody, an employee of a sheriff's department or
police department of a city who is assigned by the department to
collect bail, the clerk of the superior court of the county in which
the offense was alleged to have been committed, and the clerk of the
superior court in which the case against the defendant is pending may
approve and accept bail in the amount fixed by the warrant of
arrest, schedule of bail, or order admitting to bail in cash or
surety bond executed by a certified, admitted surety insurer as
provided in the Insurance Code, to issue and sign an order for the
release of the arrested person, and to set a time and place for the
appearance of the arrested person before the appropriate court and
give notice thereof.
(b) If a defendant has appeared before a judge of the court on the
charge contained in the complaint, indictment, or information, the
bail shall be in the amount fixed by the judge at the time of the
appearance. If that appearance has not been made, the bail shall be
in the amount fixed in the warrant of arrest or, if no warrant of
arrest has been issued, the amount of bail shall be pursuant to the
uniform countywide schedule of bail for the county in which the
defendant is required to appear, previously fixed and approved as
provided in subdivisions (c) and (d).
(c) (1) It is the duty of the superior court judges in each county
to prepare, adopt, and annually revise a uniform countywide schedule
of bail for all bailable felony offenses and for all misdemeanor and
infraction offenses except Vehicle Code infractions. The penalty
schedule for infraction violations of the Vehicle Code shall be
established by the Judicial Council in accordance with Section 40310
of the Vehicle Code.
(2) The superior court judges of any county in which the inmate
population reaches 80 percent of the county correctional system's
mandated capacity may, for a temporary period, reduce or modify the
bail schedule approved for the county in order to prevent the early
release of prisoners who have not posted bail.
(d) A court may, by local rule, prescribe the procedure by which
the uniform countywide schedule of bail is prepared, adopted, and
annually revised by the judges. If a court does not adopt a local
rule, the uniform countywide schedule of bail shall be prepared,
adopted, and annually revised by a majority of the judges.
(e) In adopting a uniform countywide schedule of bail for all
bailable felony offenses the judges shall consider the seriousness of
the offense charged. In considering the seriousness of the offense
charged the judges shall assign an additional amount of required bail
for each aggravating or enhancing factor chargeable in the
complaint, including, but not limited to, additional bail for charges
alleging facts that would bring a person within any of the following
sections: Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9,
667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53,
12022.6, 12022.7, 12022.8, or 12022.9 of this code, or Section
11356.5, 11370.2, or 11370.4 of the Health and Safety Code.
In considering offenses in which a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code is alleged, the judge shall assign an additional amount
of required bail for offenses involving large quantities of
controlled substances.
(f) The countywide bail schedule shall contain a list of the
offenses and the amounts of bail applicable for each as the judges
determine to be appropriate. If the schedule does not list all
offenses specifically, it shall contain a general clause for
designated amounts of bail as the judges of the county determine to
be appropriate for all the offenses not specifically listed in the
schedule. A copy of the countywide bail schedule shall be sent to the
officer in charge of the county jail, to the officer in charge of
each city jail within the county, to each superior court judge and
commissioner in the county, and to the Judicial Council.
(g) Upon posting bail, the defendant or arrested person shall be
discharged from custody as to the offense on which the bail is
posted.
All money and surety bonds so deposited with an officer authorized
to receive bail shall be transmitted immediately to the judge or
clerk of the court by which the order was made or warrant issued or
bail schedule fixed. If, in the case of felonies, an indictment is
filed, the judge or clerk of the court shall transmit all of the
money and surety bonds to the clerk of the court.
(h) If a defendant or arrested person so released fails to appear
at the time and in the court so ordered upon his or her release from
custody, Sections 1305 and 1306 apply.