BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1402|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1402
Author: Assembly Public Safety Committee
Amended: 6/1/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 06/07/11
AYES: Hancock, Harman, Liu, Price, Steinberg
NOES: Anderson
NO VOTE RECORDED: Calderon
ASSEMBLY FLOOR : 77-0, 04/28/11 - See last page for vote
SUBJECT : Non-substantive deadly weapons reorganization
SOURCE : Law Revision Commission
DIGEST : This bill makes minor non-substantive changes to
the various deadly weapons provisions that have been
reorganized and renumbered by the enactment of SB 1080
(Public Safety Committee), Chapter 711, Statutes of 2010.
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
recommends legislation to make needed reforms. The CLRC
consists of nine voting members: one member of the Senate
CONTINUED
AB 1402
Page
2
appointed by the Senate Rules Committee, one member of the
Assembly appointed by the Speaker, and seven members
appointed by the Governor with the advice and consent of
the Senate. The Legislative Counsel is an ex officio
member. (Government Code §§ 8280 to 8298.)
Existing law, The Deadly Weapons Recodification Act of
2010, (SB 1080, Chapter 711, Statutes of 2010) recast
without substantive change, existing statutes which control
the ownership or prohibition on ownership, of a variety of
"dangerous weapons," the lawful manufacture, sale,
transfer, and ownership of firearms; and criminal penalties
for unlawful acts pertaining to dangerous weapons. (Penal
Code §§ 16000-34270.)
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
transferees of firearms. The cost of the pamphlet, if any,
may be added to the sale price of the 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 §
34205.)
This bill makes minor non-substantive 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.
Prior Legislation
SB 1080 (Public Safety Committee), Chapter 711, Statutes of
2010, which passed the Senate Floor on 8/27/19 (26-0).
SB 1115 (Public Safety Committee), Chapter 178, Statutes of
2010, which passed the Senate Floor on 4/15/10 (31-0).
AB 1402
Page
3
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/8/11)
Law Revision Commission (source)
California State Sheriffs' Association
ARGUMENTS IN SUPPORT : According to the author's office:
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.
ASSEMBLY FLOOR : 77-0, 04/28/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani,
Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso,
AB 1402
Page
4
Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Donnelly, Gorell, Vacancy
RJG:nl 6/8/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****