BILL ANALYSIS
SB 1080
Page 1
SENATE THIRD READING
SB 1080 (Public Safety Committee)
As Amended August 24, 2010
Majority vote
SENATE VOTE :31-0
PUBLIC SAFETY 6-0
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|Ayes:|Ammiano, Beall, Gilmore, | | |
| |Hill, Portantino, Yamada | | |
| | | | |
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SUMMARY : Reorganizes, without substantive change, Penal Code
provisions relating to deadly weapons, and will become operative
January 1, 2012 and double-joints this with AB 1810 (Feuer), AB
2263 (Yamada), AB 2358 (De Leon), AB 2668 (Chesbro), AB 1934
(Saldana), SB 282 (Wright), SB 1190 (Cedillo), and SB 1062
(Strickland) to avoid chaptering problems.
EXISTING LAW :
1)Provides a person is guilty of carrying a concealed firearm
when he or she does any of the following: carries concealed
within any vehicle which is under his or her control or
direction any pistol, revolver, or other firearm capable of
being concealed upon the person; carries concealed upon his or
her person any pistol, revolver, or other firearm capable of
being concealed upon the person; or causes to be carried
concealed within any vehicle in which he or she is an occupant
any pistol, revolver, or other firearm capable of being
concealed upon the person.
2)States any person who has been convicted of a felony under the
laws of the United States, the State of California, or any
other state, government, or country or of an offense involving
violent use of a firearm, or who is addicted to the use of any
narcotic drug, and who owns, purchases, receives, or has in
his or her possession or under his or her custody or control
any firearm is guilty of a felony.
3)Provides that any person who has been convicted of a felony or
of an offense involving violent use of a firearm, when that
conviction results from certification by the juvenile court
SB 1080
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for prosecution as an adult in an adult court, as specified,
and who owns or has in his or her possession or under his or
her custody or control any firearm is guilty of a felony.
4)States any person who has been convicted of various
misdemeanors, and who, within 10 years of the conviction,
owns, purchases, receives, or has in his or her possession or
under his or her custody or control, any firearm is guilty of
a public offense, which shall be punishable by imprisonment in
a county jail not exceeding one year or in the state prison;
by a fine not exceeding $1,000; or by both that imprisonment
and fine. The court, on forms prescribed by Department of
Justice (DOJ), shall notify DOJ of persons subject to this
provision.
5)Provides that it is a misdemeanor for a driver of any motor
vehicle or the owner of any motor vehicle, whether or not the
owner of the vehicle is occupying the vehicle, to knowingly
permit any other person to carry into or bring into the
vehicle a firearm in violation of existing law.
FISCAL EFFECT : None
COMMENTS : According to the author, "The Legislature has
directed the Law Revision Commission to 'study, report on, and
prepare recommended legislation by July 1, 2009, concerning the
revision of the portions of the Penal Code relating to the
control of deadly weapons . . . . ' (2006 Cal. Stat. res. ch.
128.) The general purpose of the study is to improve the
organization and accessibility of the deadly weapons statutes,
without making any change to criminal liability under those
statutes. SB 1080 and SB 1115 are the Law Revision
Commission's recommended legislative revisions. In drafting
these revisions, the Commission took extreme care to ensure that
it would not cause any substantive change in the law."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0006662
SB 1080
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