BILL ANALYSIS AB 2668 Page 1 ASSEMBLY THIRD READING AB 2668 (Galgiani) As Amended May 28, 2010 Majority vote PUBLIC SAFETY APPROPRIATIONS 12-0 (vote not relevant) ----------------------------------------------------------------- | | |Ayes:|Fuentes, Ammiano, | | | | |Bradford, | | | | |Charles Calderon, Coto, | | | | |Davis, | | | | |Monning, Ruskin, Skinner, | | | | |Solorio, Torlakson, | | | | |Torrico | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Prohibits a person from possessing or bringing specified weapons within the State Capitol, any legislative office, any hearing room, or the Legislative Office Building. Specifically, this bill : 1)Provides that any person who brings or possessed, with the State Capitol, any legislative office, or 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, 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 $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: a) Any firearm; b) Any deadly weapon as described under existing law; c) 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; AB 2668 Page 2 d) Any unauthorized tear gas weapon; e) Any stun gun as described under existing law; f) Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, carbon dioxide pressure, or spring action, or any spot market gun or paint gun; g) Any ammunition as defined under existing law; and, h) Any explosive as defined under existing law. 2)Exempts the following people from the aforementioned restriction: a) A duly appointed peace officer as defined under existing law, a retired peace officer with authorization to carry concealed weapons as described under existing law, 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; b) A person holding a valid license to carry the firearm pursuant to existing law, and who has permission granted by the Chief Sergeants at Arms of the State Assembly and State Senate to possess a concealed weapon upon the State Capitol, any legislative office, any hearing room, or the Legislative Office Building; and, c) 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 premise. EXISTING LAW : 1)Provides that any person, except a duly appointed peace officer as defined under existing law, a full-time paid peace officer of another state or the Federal Government who is carrying out official duties while in California, any person AB 2668 Page 3 summoned by any such officer to assist in making arrests or preserving the peace while he or she is actually engaged in assisting such officer, a member of the military forces of California or the United States engaged in the performance of his or her duties, or a person holding a valid license to carry the firearm pursuant to existing law, 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 $1,000, or both such imprisonment and fine, or by imprisonment in the state prison. 2)Deems a firearm to be loaded whenever both the firearm and unexpended ammunition capable of being discharged from such firearm are in the immediate possession of the same person. In order to determine whether or not a firearm is loaded for the purpose of enforcing Penal Code Section 171c, peace officers are authorized to examine any firearm carried by anyone on his or her person in a vehicle while in any place or on the grounds of any place in or on which the possession of a loaded firearm pursuant to the provisions of this section constitutes probably cause for arrest for violation of Penal Code Section 171c. 3)Disallows any person or group of persons to willfully and knowingly: a) Enter or remain within or upon any part of the chamber of either house of the Legislature unless authorized, pursuant to rules adopted or permission granted by either such house, to enter or remain within or upon a part of the chamber of either such house; b) Engage in any conduct within the State Capitol which disrupts the orderly conduct of official business; c) A violation of this section is a misdemeanor; d) As used in this section, "State Capitol" is defined as AB 2668 Page 4 the building which is intended primarily for the use of the legislative department and situated in the area bounded by 10th, "L", 15th, and "N" Streets. e) Nothing in this section shall forbid any act of any member of the Legislature, or any employee of a Member of the Legislature, any officer or employee of the Legislature or any committee or subcommittee thereof, or any officer or employee of either house of the Legislature or any committee or subcommittee therefore, which is performed in the lawful discharge of his or her official duties. FISCAL EFFECT : According to the Assembly Appropriations Committee, negligible state incarceration and nonreimbursable local law enforcement costs as these offenses could also be prosecuted under existing statute. COMMENTS : According to the author, "Assembly Bill 2668 is merely a clean-up bill to existing law affecting the possession of weapons within the State Capitol building. There are 75,000 to 80,000 visitors per month to the Capitol; three to six Concealed Weapons Permits per month are granted; and 7 to 10 off-duty peace officers with weapons per month are permitted. In order to provide the California Highway Patrol and the Sergeants-at-Arms the proper tools to deal with the safety of all Capitol employees, the law needs to be re-defined to remove ambiguities. AB 2668 clarifies the Penal Code to more closely mirror the law relating to the possession of weapons in other state or local buildings, and will allow law enforcement to carry out their job more efficiently." Analysis Prepared by : Nicole Hanson / PUB. S. / (916) 319-3744 FN: 0004650