BILL NUMBER: SB 661	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 4, 2012

INTRODUCED BY   Senator Lieu

                        FEBRUARY 18, 2011

    An act to amend Section 626.9 of the Penal Code, relating
to firearms.   An act to add Section 594.37 to the
Penal Code, relating to picketing. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 661, as amended, Lieu.  Firearms: gun-free school
zones.   Crime: picketing.  
   Existing law makes it a crime for a person to disturb, obstruct,
detain, or interfere with any person carrying or accompanying human
remains to a cemetery or funeral establishment, or engaged in a
funeral service or an interment.  
   This bill would make it a crime, punishable by a fine not
exceeding $1,000, imprisonment in a county jail not exceeding 6
months, or by both, for a person to engage in picketing, as defined,
except upon private property, which is targeted at a funeral, as
defined, during the time period beginning one hour prior to the
funeral and ending one hour after the conclusion of the funeral. The
bill would set forth related findings and declarations.  
   Because this bill would create a new crime, the bill would impose
a state-mandated local program.  
    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.  
   Existing law, subject to exceptions, provides that it is an
offense for any person to possess a firearm in a place that the
person knows, or reasonably should know, is a school zone, unless he
or she has the written permission of the school district
superintendent, his or her designee, or equivalent school authority.
Existing law defines "school zone" for these purposes as an area in,
or on the grounds of, a public or private school providing
instruction in kindergarten or grades 1 to 12, inclusive, or within a
distance of 1,000 feet from the grounds of the public or private
school. Existing law provides an exception to the prohibition for
handguns that are unloaded and either in a locked container or within
the locked trunk of a motor vehicle.  
   This bill would revise this exception to instead except from the
above prohibition a handgun that is lawfully possessed, and either
unloaded and in a locked container inside a motor vehicle or unloaded
and inside a locked trunk of a motor vehicle. The bill would
increase the size of the zone to include the area up to 1,500 feet
from the grounds of the public or private school. By expanding the
scope of an existing offense, this bill would impose a state-mandated
local program. The bill would create an exception to the school zone
firearms possession prohibition for firearms that are otherwise
lawfully possessed or transported in a vehicle on a driveway or
parking lot of a school, as specified.  
    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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    (a) The Legislature hereby finds and
declares the following:  
   (1) It is generally recognized that families have a compelling
interest in organizing and attending funerals for deceased relatives.
 
   (2) The interests of families in privately and peacefully mourning
the loss of deceased relatives are violated when funerals are
disrupted by picketing.  
   (3) Picketing of funerals causes emotional disturbance and
distress to grieving families who participate in funerals.  

   (4) Full opportunity exists for the exercise of freedom of speech
and other constitutional rights at times other than within one hour
prior to or during a funeral and one hour following the conclusion of
a funeral.  
   (b) The purpose of this act is to protect the privacy of grieving
families and to preserve the peaceful character of cemeteries,
mortuaries, and places of worship during the time one hour before and
one hour after a funeral. 
   SEC. 2.    Section 594.37 is added to the  
Penal Code   , to   read:  
   594.37.  (a) It is unlawful, except upon private property, for a
person to engage in picketing targeted at a funeral during the time
period beginning one hour prior to the funeral and ending one hour
after the conclusion of the funeral.
   (b) Any violation of subdivision (a) is punishable by a fine not
exceeding one thousand dollars ($1,000), imprisonment in a county
jail not exceeding six months, or by both that fine and imprisonment.

   (c) For purposes of this section:
   (1) "Funeral" means the ceremony, or memorial service, held in
connection with the burial or cremation of a deceased person.
   (2) "Picketing," for purposes of this section only, means protest
activities engaged in by any person within 500 feet of a burial site,
mortuary, or place of worship.
   (3) "Protest activities" includes oration, speech, use of sound
amplification equipment in a manner that is intended to make or makes
speech, including, but not limited to, oration audible to
participants in a funeral, or similar conduct that is not part of the
funeral, before an assembled group of people.
   (4) "Targeted at" means directed at or toward the deceased person
or the attendees of a funeral.
   (d) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application. 
   SEC. 3.    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 626.9 of the Penal Code, as
amended by Section 59 of Chapter 178 of the Statutes of 2010, is
amended to read:
   626.9.  (a) This section shall be known, and may be cited, as the
Gun-Free School Zone Act of 1995.
   (b) Any person who possesses a firearm in a place that the person
knows, or reasonably should know, is a school zone, as defined in
paragraph (1) of subdivision (e), unless it is with the written
permission of the school district superintendent, his or her
designee, or equivalent school authority, shall be punished as
specified in subdivision (f).
   (c) Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:
   (1) Within a place of residence or place of business or on private
property, if the place of residence, place of business, or private
property is not part of the school grounds and the possession of the
firearm is otherwise lawful.
   (2) (A) When a lawfully possessed pistol, revolver, or other
firearm capable of being concealed on the person is unloaded and is
in a locked container inside a motor vehicle or unloaded and inside a
locked trunk of a motor vehicle.
   (B) This section does not prohibit or limit the otherwise lawful
transportation of any other firearm, other than a pistol, revolver,
or other firearm capable of being concealed on the person, in
accordance with state law, including the otherwise lawful possession
or lawful transportation of a firearm, other than a pistol, revolver,
or other firearm capable of being concealed upon the person, located
within a vehicle while the vehicle is on the driveway or the parking
lot of a school.
   (3) When the person lawfully possessing the firearm reasonably
believes that he or she is in grave danger because of circumstances
forming the basis of a current restraining order issued by a court
against another person or persons who has or have been found to pose
a threat to his or her life or safety. This subdivision may not apply
when the circumstances involve a mutual restraining order issued
pursuant to Division 10 (commencing with Section 6200) of the Family
Code absent a factual finding of a specific threat to the person's
life or safety. Upon a trial for violating subdivision (b), the trier
of a fact shall determine whether the defendant was acting out of a
reasonable belief that he or she was in grave danger.
   (4) (A) When the person is exempt from the prohibition against
carrying a concealed firearm pursuant to Section 25615, 25625, 25630,
or 25645.
   (B) Nothing in this subdivision is meant to allow an individual to
possess a firearm on any school facility without the written
permission of the school district superintendent, his or her
designee, or equivalent school authority, except as provided in
subparagraph (A).
   (d) (1) Except as provided in subdivision (b), it shall be
unlawful for any person, with reckless disregard for the safety of
another, to discharge, or attempt to discharge, a firearm in a school
zone, as defined in paragraph (1) of subdivision (e).
   (2) The prohibition contained in this subdivision does not apply
to the discharge of a firearm to the extent that the conditions of
paragraph (1) of subdivision (c) are satisfied.
   (e) As used in this section, the following definitions shall
apply:
   (1) "School zone" means an area in, or on the grounds of, a public
or private school providing instruction in kindergarten or grades 1
to 12, inclusive, or within a distance of 1,500 feet from the grounds
of the public or private school.
   (2) "Firearm" has the same meaning as that term is given in
subdivisions (a) to (d), inclusive, of Section 16520.
   (3) "Locked container" has the same meaning as that term is given
in Section 16850.
   (4) "Concealed firearm" has the same meaning as that term is given
in Sections 25400 and 25610.
   (5) "School facility" means any building or property, excluding
driveways and parking lots, located on the grounds of a public or
private school providing instruction in kindergarten or grades 1 to
12, inclusive.
   (f) (1) Any person who violates subdivision (b) by possessing a
firearm in, or on the grounds of, a public or private school
providing instruction in kindergarten or grades 1 to 12, inclusive,
shall be punished by imprisonment in the state prison for two, three,
or five years.
   (2) Any person who violates subdivision (b) by possessing a
firearm within a distance of 1,500 feet from the grounds of a public
or private school providing instruction in kindergarten or grades 1
to 12, inclusive, shall be punished as follows:
   (A) By imprisonment in the state prison for two, three, or five
years, if any of the following circumstances apply:
   (i) If the person previously has been convicted of any felony, or
of any crime made punishable by any provision listed in Section
16580.
   (ii) If the person is within a class of persons prohibited from
possessing or acquiring a firearm pursuant to Chapter 2 (commencing
with Section 29800) or Chapter 3 (commencing with Section 29900) of
Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103
of the Welfare and Institutions Code.
   (iii) If the firearm is any pistol, revolver, or other firearm
capable of being concealed upon the person and the offense is
punished as a felony pursuant to Section 25400.
   (B) By imprisonment in a county jail for not more than one year or
by imprisonment in the state prison for two, three, or five years,
in all cases other than those specified in subparagraph (A).
   (3) Any person who violates subdivision (d) shall be punished by
imprisonment in the state prison for three, five, or seven years.
   (g) (1) Every person convicted under this section for a
misdemeanor violation of subdivision (b) who has been convicted
previously of a misdemeanor offense enumerated in Section 23515 shall
be punished by imprisonment in a county jail for not less than three
months, or if probation is granted or if the execution or imposition
of sentence is suspended, it shall be a condition thereof that he or
she be imprisoned in a county jail for not less than three months.
   (2) Every person convicted under this section of a felony
violation of subdivision (b) or (d) who has been convicted previously
of a misdemeanor offense enumerated in Section 23515, if probation
is granted or if the execution of sentence is suspended, it shall be
a condition thereof that he or she be imprisoned in a county jail for
not less than three months.
   (3) Every person convicted under this section for a felony
violation of subdivision (b) or (d) who has been convicted previously
of any felony, or of any crime made punishable by any provision
listed in Section 16580, if probation is granted or if the execution
or imposition of sentence is suspended, it shall be a condition
thereof that he or she be imprisoned in a county jail for not less
than three months.
   (4) The court shall apply the three-month minimum sentence
specified in this subdivision, except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the execution or imposition of sentence without the
minimum imprisonment required in this subdivision or by granting
probation or suspending the execution or imposition of sentence with
conditions other than those set forth in this subdivision, in which
case the court shall specify on the record and shall enter on the
minutes the circumstances indicating that the interests of justice
would best be served by this disposition.
   (h) Notwithstanding Section 25605, any person who brings or
possesses a loaded firearm upon the grounds of a campus of, or
buildings owned or operated for student housing, teaching, research,
or administration by, a public or private university or college, that
are contiguous or are clearly marked university property, unless it
is with the written permission of the university or college
president, his or her designee, or equivalent university or college
authority, shall be punished by imprisonment in the state prison for
two, three, or four years. Notwithstanding subdivision (k), a
university or college shall post a prominent notice at primary
entrances on noncontiguous property stating that firearms are
prohibited on that property pursuant to this subdivision.
   (i) Notwithstanding Section 25605, any person who brings or
possesses a firearm upon the grounds of a campus of, or buildings
owned or operated for student housing, teaching, research, or
administration by, a public or private university or college, that
are contiguous or are clearly marked university property, unless it
is with the written permission of the university or college
president, his or her designee, or equivalent university or college
authority, shall be punished by imprisonment in the state prison for
one, two, or three years. Notwithstanding subdivision (k), a
university or college shall post a prominent notice at primary
entrances on noncontiguous property stating that firearms are
prohibited on that property pursuant to this subdivision.
   (j) For purposes of this section, a firearm shall be deemed to be
loaded when there is an unexpended cartridge or shell, consisting of
a case that holds a charge of powder and a bullet or shot, in, or
attached in any manner to, the firearm, including, but not limited
to, in the firing chamber, magazine, or clip thereof attached to the
firearm. A muzzle-loader firearm shall be deemed to be loaded when it
is capped or primed and has a powder charge and ball or shot in the
barrel or cylinder.
   (k) This section does not require that notice be posted regarding
the proscribed conduct.
   (  l  ) This section does not apply to a duly
appointed peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, a full-time paid peace officer of
another state or the federal government who is carrying out official
duties while in California, any person summoned by any of these
officers to assist in making arrests or preserving the peace while he
or she is actually engaged in assisting the officer, a member of the
military forces of this state or of the United States who is engaged
in the performance of his or her duties, a person holding a valid
license to carry the firearm pursuant to Chapter 4 (commencing with
Section 26150) of Division 5 of Title 4 of Part 6, or an armored
vehicle guard, engaged in the performance of his or her duties, as
defined in subdivision (e) of Section 7521 of the Business and
Professions Code.
   (m) This section does not apply to a security guard authorized to
carry a loaded firearm pursuant to Article 4 (commencing with Section
26000) of Chapter 3 of Division 5 of Title 4 of Part 6.
   (n) This section does not apply to an existing shooting range at a
public or private school or university or college campus.
   (o) This section does not apply to an honorably retired peace
officer authorized to carry a concealed or loaded firearm pursuant to
any of the following:
   (1) Article 2 (commencing with Section 25450) of Chapter 2 of
Division 5 of Title 4 of Part 6.
   (2) Section 25650.
   (3) Sections 25900 to 25910, inclusive.
   (4) Section 26020.