BILL ANALYSIS Ó AB 1402 Page 1 Date of Hearing: April 12, 2011 Chief Counsel: Gregory Pagan ASSEMBLY COMMITTEE ON PUBLIC SAFETY Tom Ammiano, Chair AB 1402 (Committee on Public Safety) - As Amended: March 30, 2011 REVISED SUMMARY : Makes non-substantive minor changes to the various deadly weapons provisions that have been reorganized and renumbered by the enactment of SB 1080 (Committee on Public Safety), Chapter 711, Statutes of 2010. 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. ÝPenal Code Section 12025(a)(1) to (3).] 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. ÝPenal Code Section 12021(a).] 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 AB 1402 Page 2 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. ÝPenal Code Section 12021(b).] 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 DOJ, shall notify DOJ of persons subject to this provision. ÝPenal Code Section 12021(c).] 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. ÝPenal Code Section 12034(a).] FISCAL EFFECT : None COMMENTS : According to the author, "In 2010, the Legislature enacted legislation to reorganize the statutes governing control of deadly weapons in a user-friendly manner in new Part 6 of the Penal Code, without changing any substantive effect. That legislation was recommended by the Law Review Commission, and is scheduled to become operative on January 1, 2011. "Before the statutory reorganization becomes operative, a clean-up bill needs to be enacted in order to implement minor revisions that became necessary as the result of other bills being enacted, and other technical revisions requested by the Office of Legislative Counsel. Enactment of clean-up legislation will help prevent confusion and ease the transition to the new statutory scheme. "AB 1402 makes non-substantive minor changes to the various deadly weapons provisions that have been reorganized and renumbered by the enactment of SB 1080 (Committee on Public Safety), Chapter 711, Statutes of 2010." AB 1402 Page 3 REGISTERED SUPPORT / OPPOSITION : Support None Opposition None Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744