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
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            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
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           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None

           Opposition 
           
          None
           

          Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916) 
          319-3744