BILL NUMBER: AB 2512 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 8, 2012
AMENDED IN ASSEMBLY APRIL 10, 2012
INTRODUCED BY Assembly Member Skinner
( Coauthor: Assembly Member
Ammiano )
( Coauthors: Senators
Hancock and Yee )
FEBRUARY 24, 2012
An act to repeal and add Section 19135 of the Revenue and
Taxation Code, relating to taxation amend Section
3453 of, and to add Sections 30346 and 32311 to, the Penal Code,
relating to firearms .
LEGISLATIVE COUNSEL'S DIGEST
AB 2512, as amended, Skinner. Income taxes: limited
liability company: penalties. Firearms: ammunition:
sales.
(1) Except as specified, existing law makes it a crime to
manufacture, import, keep for sale, offer or expose for sale, or give
or lend, any large-capacity magazine.
This bill would make it a misdemeanor, punishable by a fine of not
more than $1,000 or imprisonment in a county jail not to exceed 6
months, or by both that fine and imprisonment, to knowingly
manufacture, import, keep for sale, offer or expose for sale, or give
or lend, any device that is capable of converting an ammunition
feeding device into a large-capacity magazine. By creating a new
crime, this bill would impose a state-mandated local program.
(2) Existing law establishes a program of postrelease community
supervision for certain persons who are released from prison or whose
sentence has been deemed served after serving a prison term for a
felony. Existing law requires that these persons enter into a
postrelease community supervision agreement as a condition of their
release, and that the agreement include certain conditions, including
a requirement that the person shall not possess, use, or have access
to specified weapons, including, among other things, a
large-capacity magazine.
This bill would also condition release on postrelease community
supervision on the requirement that the person shall not possess,
use, or have access to any device that is capable of converting an
ammunition feeding device into a large-capacity magazine.
(3) Existing law prohibits any person, corporation, or dealer from
selling ammunition to a person under 18 years of age, selling
ammunition designed for use in a handgun to a person under 21 years
of age, or providing possession of any ammunition to any minor who
the person, corporation, or dealer knows is prohibited from
possessing that ammunition at that time. Existing law prohibits a
person, corporation, or firm from giving possession or control of
ammunition to any person who he or she knows is prohibited by law
from possessing ammunition. Existing law also regulates handgun
ammunition vendors and provides that a handgun ammunition vendor
shall not permit any employee who the vendor knows or reasonably
should know is a person who has been convicted of a felony or other
specified crimes to handle, sell, or deliver handgun ammunition in
the course and scope of employment.
This bill would require a handgun ammunition vendor who sells,
supplies, delivers, or gives possession of more than 1000 rounds of
ammunition to an individual in any 5 consecutive day period to report
the transaction to the local law enforcement agency where that
individual resides within 24 hours, with exceptions as provided. The
bill would make a failure to comply with this provision a
misdemeanor, punishable by a fine of not more than $1,000 or
imprisonment in a county jail not to exceed 6 months, or by both that
fine and imprisonment. By creating a new crime, this bill would
impose a state-mandated local program.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The Corporation Tax Law imposes taxes measured by income at a
specified rate. Existing law provides that, whenever any foreign
corporation that fails to qualify to do business in this state or
whose powers, rights, and privileges have been forfeited, or any
domestic corporation that has been suspended, and that is doing
business in this state, fails to make and file a return, as provided,
the Franchise Tax Board shall impose a penalty of $2,000 per taxable
year, as specified.
This bill would also make this penalty applicable to a foreign
limited liability company which fails to qualify to do business in
this state or whose powers, rights, and privileges have been
forfeited and to a domestic limited liability company which has been
suspended and which is doing business in this state, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3453 of the Penal
Code is amended to read:
3453. Postrelease community supervision shall include the
following conditions:
(a) The person shall be informed of the conditions of release.
(b) The person shall obey all laws.
(c) The person shall report to the supervising county agency
within two working days of release from custody.
(d) The person shall follow the directives and instructions of the
supervising county agency.
(e) The person shall report to the supervising county agency as
directed by that agency.
(f) The person, and his or her residence and possessions, shall be
subject to search at any time of the day or night, with or without a
warrant, by an agent of the supervising county agency or by a peace
officer.
(g) The person shall waive extradition if found outside the state.
(h) The person shall inform the supervising county agency of the
person's place of residence, employment, education, or training.
(i) (1) The person shall inform the supervising county agency of
any pending or anticipated changes in residence, employment,
education, or training.
(2) If the person enters into new employment, he or she shall
inform the supervising county agency of the new employment within
three business days of that entry.
(j) The person shall immediately inform the supervising county
agency if he or she is arrested or receives a citation.
(k) The person shall obtain the permission of the supervising
county agency to travel more than 50 miles from the person's place of
residence.
( l ) The person shall obtain a travel pass from the
supervising county agency before he or she may leave the county or
state for more than two days.
(m) The person shall not be in the presence of a firearm or
ammunition, or any item that appears to be a firearm or ammunition.
(n) The person shall not possess, use, or have access to any
weapon listed in Section 12020, 16140, subdivision (c) of Section
16170, Section 16220, 16260, 16320, 16330, or 16340, subdivision (b)
of Section 16460, Section 16470, subdivision (f) of Section 16520, or
Section 16570, 16740, 16760, 16830, 16920, 16930, 16940, 17090,
17125, 17160, 17170, 17180, 17190, 17200, 17270, 17280, 17330, 17350,
17360, 17700, 17705, 17710, 17715, 17720, 17725, 17730, 17735,
17740, 17745, 19100, 19200, 19205, 20200, 20310, 20410, 20510, 20611,
20710, 20910, 21110, 21310, 21810, 22010, 22015, 22210, 22215,
22410, 32430, 24310, 24410, 24510, 24610, 24680, 24710, 30210, 30215,
31500, 32310, 32311, 32400, 32405, 32410, 32415, 32420,
32425, 32435, 32440, 32445, 32450, 32900, 33215, 33220, 33225, or
33600.
(o) (1) Except as provided in paragraph (2) and subdivision (p),
the person shall not possess a knife with a blade longer than two
inches.
(2) The person may possess a kitchen knife with a blade longer
than two inches if the knife is used and kept only in the kitchen of
the person's residence.
(p) The person may use a knife with a blade longer than two
inches, if the use is required for that person's employment, the use
has been approved in a document issued by the supervising county
agency, and the person possesses the document of approval at all
times and makes it available for inspection.
(q) The person shall waive any right to a court hearing prior to
the imposition of a period of "flash incarceration" in a county jail
of not more than 10 consecutive days for any violation of his or her
postrelease supervision conditions.
(r) The person shall participate in rehabilitation programming as
recommended by the supervising county agency.
(s) The person shall be subject to arrest with or without a
warrant by a peace officer employed by the supervising county agency
or, at the direction of the supervising county agency, by any peace
officer when there is probable cause to believe the person has
violated the terms and conditions of his or her release.
SEC. 2. Section 30346 is added to the
Penal Code , to read:
30346. Except as provided in subdivision (b), any vendor in this
state who sells, supplies, delivers, or gives possession of more than
1000 rounds of ammunition to any individual within any five
consecutive day period shall report the transaction to the local law
enforcement agency where that individual resides within 24 hours of
the transaction. Failure to comply with this subdivision is
punishable by a fine of not more than one thousand dollars ($1,000)
or imprisonment in a county jail not to exceed 6 months, or by both
that fine and imprisonment.
(b) Subdivision (a) shall not apply to or affect sales or other
transfers of ownership of ammunition by ammunition vendors to any
person listed in subdivision (b) of Section 30352 or described in
Section 30330, if properly identified, and shall not apply to or
affect sales or other transfers of ownership of ammunition described
in Section 30335.
(c) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
(d) Nothing in this section is intended to prohibit a city or
county, or city and county, from adopting regulations that are more
stringent than those specified in subdivision (a) with regard to the
reporting of ammunition sales.
SEC. 3. Section 32311 is added to the
Penal Code , to read:
32311. Except as provided in Article 2 (commencing with Section
32400) of this chapter and in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, commencing January 1, 2013, any
person in this state who knowingly manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, or lends, any device that is capable
of converting an ammunition feeding device into a large-capacity
magazine is punishable by a fine of not more than one thousand
dollars ($1,000) or imprisonment in a county jail not to exceed six
months, or by both that fine and imprisonment.
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 19135 of the Revenue and
Taxation Code is repealed.
SEC. 2. Section 19135 is added to the Revenue
and Taxation Code, to read:
19135. (a) (1) The Franchise Tax Board shall impose a penalty of
two thousand dollars ($2,000) per taxable year whenever an entity
described in paragraph (2) is doing business in this state, within
the meaning of Section 23101, and fails to make and file a return as
required by this part, within 60 days after the Franchise Tax Board
sends the taxpayer a notice and demand to file the required tax
return, unless the failure is due to reasonable cause and not willful
neglect.
(2) (A) A foreign corporation or a foreign limited liability
company that fails to qualify to do business in this state or whose
powers, rights, and privileges have been forfeited.
(B) A domestic corporation or a domestic limited liability company
that has been suspended.
(b) The penalty shall be in addition to any other penalty that may
be due under this part.