BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2668|
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                                 THIRD READING


          Bill No:  AB 2668
          Author:   Galgiani (D)
          Amended:  6/24/10 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 6/29/10
          AYES:  Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,  
            Wright

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  75-0, 6/2/10 - See last page for vote


           SUBJECT  :    Weapons:  possession at State Capitol and  
          legislative 
                      building

           SOURCE  :     Assembly Sergeants-at-Arms
                      California Highway Patrol


           DIGEST  :    This bill makes it a misdemeanor to possess  
          specified weapons, including unloaded firearms, in or on  
          the grounds of the State Capitol Building or the  
          Legislative Office Building.

           ANALYSIS :    Current law provides that any person who  
          brings or possesses within any state or local public  
          building, as defined, or at any meeting required to be open  
          to the public, as specified, any of the following is guilty  
          of a public offense punishable by imprisonment in a county  
                                                           CONTINUED





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          jail for not more than one year, or in the state prison for  
          16 months, two or three years:

          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 taser or 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,  
             CO[2] pressure, or spring action, or any spot marker gun  
             or paint gun. 

          This prohibition does not apply to any of the following:

          1. A person who possesses weapons in, or transports weapons  
             into, a court of law to be used as evidence.

            A.   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.  This exception  
               shall not apply to any person who brings or  
               possesses any weapon specified therein within any  
               courtroom if he or she is a party to an action  
               pending before the court.

          2. A person holding a valid license to carry the firearm,  
             as specified.







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          3. A person who has permission to possess that weapon  
             granted in writing by a duly authorized official who is  
             in charge of the security of the state or local  
             government building.

          4. A person who lawfully resides in, lawfully owns, or is  
             in lawful possession of, that building with respect to  
             those portions of the building that are not owned or  
             leased by the state or local government.

          5. A person licensed or registered as an Alarm Service  
             Operator, acting within the course and scope of his or  
             her duties, as specified, who has been hired by the  
             owner or manager of the building if the person has  
             permission of a resident of the building.

             A.    A person who, for the purpose of sale or trade,  
                brings any weapon that may otherwise be lawfully  
                transferred, into a gun show, as specified.

             B.    A person who, for purposes of an authorized  
                public exhibition, brings any weapon that may  
                otherwise be lawfully possessed, into a gun show,  
                as specified.

          As used in this section, "state or local public building"  
          means a building that meets all of the following criteria:

          1. It is a building or part of a building owned or leased  
             by the state or local government, if state or local  
             public employees are regularly present for the purposes  
             of performing their official duties. A state or local  
             public building includes, but is not limited to, a  
             building that contains a courtroom.

          2. It is not a building or facility, or a part thereof,  
             which is referred to in Section 171c, 171d, 626.9,  
             626.95, or 626.10 of this code, or in Section 18544 of  
             the Elections Code.

          3. It is a building not regularly used, and not intended to  
             be used, by state or local employees as a place of  
             residence. (Penal Code Section 171b.)  







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          Current law provides that any person, except a duly  
          appointed peace officer as specified, 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, as specified, 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. (Penal Code  171c.)

          This bill would provide that 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 $1,000, or by both  
          that fine and imprisonment, 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.







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          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.

          This bill states that its provisions would not apply to 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).

          This bill states that its provisions shall not preclude  
          prosecution under any other law with a penalty greater than  
          is set forth in this section.







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          This bill states that its provisions 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 different provisions of law shall not be  
          punished under more than one provision.

          This bill makes a technical change to existing law to  
          conform with these provisions.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/3/10)

          Assembly Sergeants-at-Arms (co-source)
          California Highway Patrol (co-source)


           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          "Sponsored by the Assembly Sergeants-at-Arms and the  
          California Highway Patrol, Assembly Bill 2668 is 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 a month to the  
          Capitol; 3 to 6 Concealed Weapons Permits a month are  
          granted; and 7 to 10 off duty peace officers with weapons a  
          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."

           ASSEMBLY FLOOR  : 
          AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill  
            Berryhill, Blakeslee, Block, Blumenfield, Bradford,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  







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            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,  
            Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Jones, Knight, Logue, Bonnie  
            Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,  
            Niello, Nielsen, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Saldana, Silva, Skinner, Smyth, Solorio, Swanson,  
            Torlakson, Torres, Torrico, Tran, Villines, Yamada, John  
            A. Perez
          NO VOTE RECORDED: Tom Berryhill, Lieu, Norby, Audra  
            Strickland, Vacancy


          RJG:do  8/3/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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