BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1115|
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THIRD READING
Bill No: SB 1115
Author: Senate Public Safety Committee
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/6/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SUBJECT : Non-substantive revision of deadly weapons
statutes
SOURCE : Author
DIGEST : This bill, in conjunction with companion bill SB
1080, codifies the nonsubstantive reorganization of deadly
weapon statutes prepared by the California Law Revision
Commission, as directed by ACR 73 (McCarthy), Resolution
Chapter 128, Statutes of 2006.
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. CLRC studies the
law in order to discover defects and anachronisms and 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
CONTINUED
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the advice and consent of the Senate. The Legislative
Counsel is an ex officio member. (Government Code Sections
8280 to 8298.)
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. (Penal Code Sections 12000 to 12101.)
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
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. (Penal Code Section 12080.)
This bill, together with companion bill SB 1080, makes
numerous technical, substantive revisions to the deadly
weapons statutes. This nonsubstantive revision was
prepared by the CLRC, in response to the Legislature's
directive.
CLRC Background
The CLRC provided the following background information on
the process it followed 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 adults are the product of many years of effort.
In 2004, Governor Schwarzenegger vetoed a bill (SB 1140
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[Scott]) on the ground that the firearms laws should be
reorganized 'to ensure that statutes that impose
criminal penalties and easily understandable.' Soon
afterwards, the Legislature directed the Law Revision
Commission to prepare such legislation. The
Legislature made clear that the 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 the 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 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 (POST)
California Department of Corrections and
Rehabilitation, Office of
Legislation
California Department of Justice
California Department of Motor Vehicles
California District Attorneys Assn
California Judges Assn
California Office of the State Public Defender
California Peace Officers Assn
California Police Chiefs Assn
California Public Defenders Assn
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California Rifle and Pistol Assn
California Sportsman's Lobby, Inc.
California State Sheriff's Assn
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 Assn
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 Assn of California
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.ga.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
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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
contained he legislation proposed in the revised
report.
ACR 73 - The Legislature's Directive to Revise These
Statutes
In 1996, 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 statute
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 4/7/10)
Legal Community Against Violence
California Brady Campaign Cahpters
RJG:cm 4/7/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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