BILL ANALYSIS SB 1115 Page 1 Date of Hearing: June 22, 2010 Counsel: Kimberly A. Horiuchi ASSEMBLY COMMITTEE ON PUBLIC SAFETY Tom Ammiano, Chair SB 1115 (Committee on Public Safety) - As Introduced: February 17, 2010 SUMMARY : Makes cross-referencing changes to Penal Code provisions relating to deadly weapons, operative on January 1, 2012. Enactment is contingent upon passage of SB 1080 (Committee on Public Safety), which reorganizes and makes other non-substantive changes to provisions of law related to firearms. EXISTING LAW : 1)Provides that the sale, loan or transfer of firearms in almost all cases must be processed by, or through, a state-licensed dealer or a local law enforcement agency with appropriate transfer forms being used, as specified. In those cases where dealer or law enforcement processing is not required, a handgun change of title report must still be sent to the Department of Justice (DOJ). (Penal Code 12078.) 2)Requires that in connection with any private party sale, loan or transfer of a firearm, a licensed dealer must provide the DOJ with specified personal information about the seller and purchaser as well as the name and address of the dealer. This personal information of buyer and seller required to be provided includes the name; address; phone number; date of birth; place of birth; occupation; eye color; hair color; height; weight; race; sex; citizenship status; and a driver's license number, California identification card number or military identification number. A copy of the dealer record of sale, containing the buyer and seller's personal information, must be provided to the buyer or seller upon request. (Penal Code 12076.) 3)Requires that persons who sell, lease, or transfer firearms be licensed by California. (Penal Code Sections 12070 and 12071.) SB 1115 Page 2 4)Sets forth a series of requirements to be state licensed by DOJ, which provides that to be recognized as state licensed a person must be on a centralized list of gun dealers and allows access to the centralized list by authorized persons for various reasons. (Penal Code Section 12071.) 5)Provides that revocation of a license will result where a person fails to comply with numerous requirements, including conducting background checks prior to delivery of firearms, assisting in the registration of handguns, processing private-party firearms transactions, keeping extensive records and submitting the same to DOJ, and making those records available for law enforcement inspection. (Penal Code Sections 12071, 12072 and 12082.) 6)Exempts certain persons including, but not limited to, law enforcement, beneficiaries of an inheritance, and those who are loaned firearms, as specified, from the state dealer licensing requirements. [Penal Code Section 12070(b).] 7)Requires all sales, loans, and transfers of firearms to be processed through or by a state-licensed firearms dealer or a local law enforcement agency. [Penal Code Section 12072(d).] FISCAL EFFECT : None COMMENTS : 1)Author's Statement : 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." 2)Background : According to information provided by the California Law Revision Commission, "SB 1080 and SB 1115 would SB 1115 Page 3 implement the Law Revision Commission's recommendation on non-substantive 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 13 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). "The written materials were also posted on the Commission's Web site (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 SB 1115 Page 4 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. Among other things, the bill would: a) "Put similar provisions in close proximity to each other. In general, the rules relating to a particular kind of weapon would be collected in one place, instead of intermingled with other material. This will make it easier for persons to find the rules applicable to their situation, without having to read extensive irrelevant material; b) "Divide excessively long sections into short, simple sections. This will enhance readability and understanding of the law, and make it easier to locate and refer to pertinent material; c) "Collect almost all definitions in alphabetical order at the beginning of new Part 6. Where possible to do so without risking a substantive change, definitions would be extended to the entirety of new Part 6; d) "Eliminate unnecessary cross-references in statutory text; and, e) "Place exceptions in close proximity to the substantive rules they modify, so that the exceptions are easier to find and understand than at present. "To ensure that there will be no substantive change, the bill sticks closely to the language in existing law. In addition, the bill includes several codified provisions that would make the non-substantive intent clear (Penal Code 16000-16025). The Commission's Comment to each section and its narrative report would further underscore the non-substantive nature of the reform. Courts routinely rely on such Commission materials as evidence of legislative intent. "SB 1115 is a companion bill, which is contingent on enactment of the main proposal. It would amend numerous statutes that cross-refer to the provisions that would be relocated. It would update those cross-references to reflect the relocation of the pertinent material. Both bills have a delayed operative date of January 1, 2012. This will allow time for SB 1115 Page 5 law enforcement personnel, courts, attorneys, and others affected by the legislation to prepare for the transition to the new statutory scheme. SB 1080 will have to be coordinated with other pending legislation that affects Title 2 of Part 4 of the Penal Code. In contrast, SB 1115 includes a subordination clause, so it will automatically be coordinated with other legislation. If any of the amendments in SB 1115 is chaptered out, there will be time to fix the problem in a clean-up bill before the new statutory scheme becomes operative." 3)Related Legislation : SB 1080 (Committee on Public Safety) reorganizes without substantive change Penal Code provisions relating to deadly weapons, to be operative January 1, 2012. SB 1080 will be heard by this Committee today. REGISTERED SUPPORT / OPPOSITION : Support California Chapters of the Brady Campaign to Prevent Gun Violence Governor's Office of Planning and Research Legal Community Against Violence California Rifle and Pistol Association National Rifle Association of America Opposition None Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916) 319-3744