BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1080|
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UNFINISHED BUSINESS
Bill No: SB 1080
Author: Senate Public Safety Committee
Amended: 8/24/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/6/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE FLOOR : 31-0, 4/15/10
AYES: Alquist, Ashburn, Calderon, Cedillo, Cogdill,
Corbett, Correa, Cox, DeSaulnier, Dutton, Florez,
Hancock, Harman, Huff, Kehoe, Leno, Liu, Lowenthal,
Maldonado, Negrete McLeod, Oropeza, Pavley, Price,
Runner, Simitian, Steinberg, Walters, Wolk, Wright,
Wyland, Yee
NO VOTE RECORDED: Aanestad, Denham, Ducheny,
Hollingsworth, Padilla, Romero, Strickland, Wiggins,
Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Nonsubstantive deadly weapons reorganization
SOURCE : Author
DIGEST : This bill, in conjunction with companion bill SB
1115 (Senate Public Safety Committee), codifies the
nonsubstantive revision of deadly weapon statutes prepared
by the California Law Revision Commission, as directed by
CONTINUED
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ACR 73 (McCarthy), Resolution Chapter 128, Statutes of
2006.
Assembly Amendments add double-jointing language.
ANALYSIS : Existing law creates the California Law
Revision Commission (CLRC) as a state agency, funded from
the General Fund. Created in 1953 as the permanent
successor to the Code Commission, the CLRC is given
responsibility for the continuing substantive review of
California statutory and decisional law. The CLRC studies
the law in order to discover defects and anachronisms and
recommends legislation to make needed reforms. The CLRC
consists of nine voting members - one member of the Senate
appointed by the Senate Rules Committee, one member of the
Assembly appointed by the Speaker, and seven members
appointed by the Governor with the advice and consent of
the Senate. The Legislative Counsel is an ex officio
member. (Sections 8280 to 8298 of the Government Code)
Existing law, The Dangerous Weapons Control Law, controls
the ownership or prohibition on ownership, of a variety of
"dangerous weapons"; the lawful manufacture, sale,
transfer, and ownership of firearms; and contains criminal
penalties for unlawful acts pertaining to dangerous
weapons. (Sections 12000-12101 of the Penal Code)
Existing law provides that the Department of Justice shall
prepare a pamphlet which summarizes California firearms
laws and shall offer copies of the pamphlet at actual cost
to firearms dealers who shall have copies of the most
current version available for sale to retail purchasers or
transferees of firearms. The cost of the pamphlet, if any,
may be added to the sale price of the firearm. Other
interested parties may purchase copies directly from the
Department of General Services. The pamphlet shall declare
that it is merely intended to provide a general summary of
laws applicable to firearms and is not designed to provide
individual guidance for specific areas. Individuals having
specific questions shall be directed to contact their local
law enforcement agency or private counsel. (Section 12080
of the Penal Code)
This bill, together with companion bill SB 1115, makes
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numerous technical, nonsubstantive revisions to the deadly
weapons statutes. This nonsubstantive revision was
prepared by the CLRC, in response to the Legislature's
directive.
This bill is double-jointed with AB 1810 (Feuer), AB 1934
(Saldana), AB 2263 (Yamada), AB 2358 (De Leon), AB 2668
(Galgiani), SB 282 (Wright), SB 1062 (Strickland), and SB
1190 (Cedillo).
CLRC Background
The CLRC provides the following background information on
the process it followed in carrying out the Legislature's
directive to reorganize these statutes.
SB 1080 and SB 1115 would implement the Law Revision
Commission's recommendation on Nonsubstantive
Reorganization of Deadly Weapon Statutes , 38 Cal. L.
Revision Comm'n Reports (2009).
These bills are the product of many years of effort. In
2004, Governor Schwarzenegger vetoed a bill (SB 1140
(Scott)) on the ground that the firearms laws should be
reorganized "to ensure that statutes that impose criminal
penalties are easily understandable." Soon afterwards,
the Legislature directed the Law Revision Commission to
prepare such legislation. The Legislature made clear
that this legislation should simplify the law but
"[n]either expand nor contract the scope of criminal
liability under current provisions." See ACR 73
(McCarthy), 2006 Cal. Stat. res. ch. 128.
The Commission began working on this project three years
ago, in January 2007. Since then, the Commission has
considered the topic at thirteen public meetings, which
were attended by representatives of gun control
organizations (such as the Legal Community Against
Violence and the Brady Campaign to Prevent Gun Violence)
and gun owner organizations (such as the National Rifle
Association, California Association of Firearms
Retailers, California Rifle and Pistol Association, and
Gun Owners of California). Before these meetings, the
Commission staff prepared written materials for
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consideration, which were distributed to over 120
interested groups and individuals, including, but not
limited to:
Administrative Office of the Courts
American Academy of Pediatrics, California District IX
American College of Emergency Physicians, California
Brady Center to Prevent Gun Violence
California Attorneys for Criminal Justice
California Commission on Peace Officer Standards and
Training
California Department of Corrections and
Rehabilitation, Office of Legislation
California Department of Justice
California Department of Motor Vehicles
California District Attorneys Association
California Judges Association
California Office of the State Public Defender
California Peace Officers Association
California Police Chiefs Association
California Public Defenders Association
California Rifle and Pistol Association
California Sportsman's Lobby, Inc.
California State Sheriff's Association
Central California Appellate Program
Citizens Committee for the Right to Keep and Bear Arms
Crime Victims United of California
Friends Committee on Legislation of California
Gun Owners of California
Judicial Council of California, Office of Governmental
Affairs
Legal Community Against Violence
Los Angeles County District Attorney
Los Angeles County Public Defender
Michel & Associates P.C.
Million Mom March
National Rifle Association
National Shooting Sports Foundation, Inc.
Office of the Attorney General
Office of Criminal Justice Planning
Office of Legislative Counsel
Outdoor Sportsman's Coalition
Peace Officers Research Association of California
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Placer County District Attorney
Physicians for Social Responsibility
Safari Club International
San Mateo County District Attorney
Santa Clara County Public Defender's Office
State Bar of California
Tulare County Public Defender
Women Against Gun Violence
The written materials were also posted on the
Commission's website (www.clrc.ca.gov), where they remain
available. A total of 47 staff memoranda, seven
supplements, and two lengthy tentative recommendations
were prepared and distributed. Comments were welcome
throughout the Commission's process, in both oral and
written form. There was not much controversy, however,
because the Commission was scrupulous about avoiding any
risk of a substantive change.
The Commission submitted the original version of its
report in compliance with the legislative deadline of
July 1, 2009. Since then, the Commission has revised the
report to account for legislation enacted in 2009 and
make other refinements. SB 1080 and SB 1115 contain the
legislation proposed in the revised report.
SB 1080 is the heart of the proposal. It would
reorganize the substance of Title 2 of Part 4 of the
Penal Code (Penal Code 12000-12809), relating to
control of deadly weapons. The sentence enhancement
provisions (Penal Code 12021.5-12022.95) would be left
in place, to minimize disruption in calculating criminal
sentences. The remaining material would be relocated to
a new Part 6 of the Penal Code, and reorganized to make
it more user-friendly without changing its substantive
effect.
ACR 73 - The Legislature's Directive to Revise These
Statutes
In 2006, the Legislature adopted ACR 73 (McCarthy),
Resolution Chapter 128, Statutes of 2006. This bill, and
companion measure, SB 1115, are the recommended
nonsubstantive revisions to the deadly weapons statutes
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compiled by the CLRC in response to the directive given to
it by the Legislature in ACR 73.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/26/10)
California Brady Campaign Chapters
Legal Community Against Violence
ARGUMENTS IN SUPPORT : The CLRC states:
"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.
"In drafting the proposed law, the Commission took
extreme care to ensure that it would not cause any
substantive change in the law."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, De Leon, DeVore, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Furutani, Gaines, Galgiani, Garrick,
Gatto, Gilmore, Hagman, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NO VOTE RECORDED: Caballero, Fuller, Hall, Knight,
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Nielsen, Norby, Vacancy
RJG:mw 8/26/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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