BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2668
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          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;








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             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  








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            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  








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               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