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.)








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          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  








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            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  








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            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  








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            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