BILL NUMBER: AB 2668 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 19, 2010
An act to amend Sections 6080, 6081, and 6103 of the
Penal Code, relating to prisons. An act to repeal and
add Section 171c of the Penal Code, relating to weapons.
LEGISLATIVE COUNSEL'S DIGEST
AB 2668, as amended, Galgiani. Corrections: Medical
Facility: telemedicine. Weapons: possession at State
Capitol and legislative buildings.
Existing law makes it a crime for any person, with the exception
of peace officers, to bring a loaded firearm into, or possess a
loaded firearm within, the State Capitol, as defined.
This bill would repeal these provisions and would make it a crime,
punishable by imprisonment in a county jail for a period not to
exceed one year, or by a fine not exceeding $1,000, or by both that
fine and imprisonment, or by imprisonment in state prison, to bring
or possess certain specified weapons or ammunition within the State
Capitol, if the area is posted with a statement providing reasonable
notice that prosecution may result from possession of the weapons or
ammunition. The weapons restricted by this bill would include any
firearm, any deadly weapon, as defined, any knife with a blade length
in excess of 4 inches with a fixed blade or capable of being fixed
in an unguarded position, any unauthorized tear gas weapon, any stun
gun, any instrument that expels a metallic projectile, and any
explosive. This bill would exclude from its provisions peace
officers, peace officers of another state or the federal government
who are carrying out official duties, persons summoned by these peace
officers, persons holding a valid license to carry a firearm who has
permission from the Chief Sergeants at Arms of the State Assembly
and the State Senate to possess a concealed weapon on the premises,
and any person who has permission granted from the Chief Sergeants at
Arms of the State Assembly and the State Senate to possess a weapon
on the premises.
Existing law establishes the Medical Facility under the
jurisdiction of the Department of Corrections and Rehabilitation.
Existing law, the Telemedicine Development Act of 1996, regulates the
practice of telemedicine, defined as the practice of health care
delivery, diagnosis, consultation, treatment, transfer of medical
data, and education using interactive audio, video, or data
communications, by a health care practitioner, as defined.
This bill would require the Secretary of the Department of
Corrections and Rehabilitation, to the extent funds are available
pursuant to the Public Safety and Offender Rehabilitation Services
Act of 2007, to install telemedicine fixtures and broadband
infrastructure for the delivery of telemedicine at the Medical
Facility.
This bill would make other technical and clarifying changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 171c of the Penal
Code is repealed.
171c. Any person, except 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 such officer to assist in
making arrests or preserving the peace while he is actually engaged
in assisting such officer, a member of the military forces of this
state or the United States engaged in the performance of his duties,
or 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, who brings a loaded firearm into, or possesses a loaded
firearm within, the State Capitol, any legislative office, any office
of the Governor or other constitutional officer, or any hearing room
in which any committee of the Senate or Assembly is conducting a
hearing, or upon the grounds of the State Capitol, which is bounded
by 10th, L, 15th, and N Streets in the City of Sacramento, shall be
punished by imprisonment in the county jail for a period of not more
than one year, a fine of not more than one thousand dollars ($1,000),
or both such imprisonment and fine, or by imprisonment in the state
prison.
SEC. 2. Section 171c is added to the Penal Code, to
read:
171c. (a) Any person who brings or possesses, within the State
Capitol, any legislative office, any hearing room in which any
committee of the Senate or Assembly is conducting a hearing, the
Legislative Office Building at 1020 N Street in the City of
Sacramento, or upon the grounds of the State Capitol, which is
bounded by 10th, L, 15th, and N Streets in the City of Sacramento,
any of the following, is guilty of a misdemeanor punishable by
imprisonment in a county jail for a period not to exceed one year, or
by a fine not exceeding one thousand dollars ($1,000), or by both
that fine and imprisonment, or by imprisonment in the state prison,
if the area is posted with a statement providing reasonable notice
that prosecution may result from possession of any of these items:
(1) Any firearm.
(2) Any deadly weapon described in Section 653k or 12020.
(3) Any knife with a blade length in excess of four inches, the
blade of which is fixed or is capable of being fixed in an unguarded
position by the use of one or two hands.
(4) Any unauthorized tear gas weapon.
(5) Any stun gun, as defined in Section 244.5.
(6) Any instrument that expels a metallic projectile, such as a BB
or pellet, through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun or paint gun.
(7) Any ammunition as defined in Section 12316.
(8) Any explosive as defined in Section 12000 of the Health and
Safety Code.
(b) Subdivision (a) shall not apply to, or affect, any of the
following:
(1) A duly appointed peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, a retired peace
officer with authorization to carry concealed weapons as described in
subdivision (a) of Section 12027, a full-time paid peace officer of
another state or the federal government who is carrying out official
duties while in California, or any person summoned by any of these
officers to assist in making arrests or preserving the peace while he
or she is actually engaged in assisting the officer.
(2) 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, and who has permission granted by the Chief Sergeants at
Arms of the State Assembly and the State Senate to possess a
concealed weapon upon the premises described in subdivision (a).
(3) A person who has permission granted by the Chief Sergeants at
Arms of the State Assembly and the State Senate to possess a weapon
upon the premises described in subdivision (a).
SECTION 1. Section 6080 of the Penal Code is
amended to read:
6080. As used in his part, the following terms have the meanings
described below:
(a) "Department" refers to the Department of Corrections and
Rehabilitation.
(b) "Director" or "Secretary" refers to the Secretary of the
Department of Corrections and Rehabilitation.
SEC. 2. Section 6081 of the Penal Code is
amended to read:
6081. As used in this code, "prison" and "state prison" includes
facilities housing either men or women, or both.
SEC. 3. Section 6103 of the Penal Code is
amended to read:
6103. (a) The Secretary of the Department of Corrections and
Rehabilitation shall construct and equip, in accordance with law,
suitable buildings, structures, and facilities for the Medical
Facility.
(b) To the extent funds are available pursuant to the Public
Safety and Offender Rehabilitation Services Act of 2007, the
secretary shall install telemedicine fixtures and broadband
infrastructure for the delivery of telemedicine at the Medical
Facility.
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