BILL NUMBER: SB 819	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 21, 2011

INTRODUCED BY   Senator Leno

                        FEBRUARY 18, 2011

   An act to  relating to crime   amend Section
28225 of the Penal Code, relating to firearms  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 819, as amended, Leno.  Crimes: eyewitness
identification.   Firearms. 
   Existing law authorizes the Department of Justice to require a
firearms dealer to charge each firearm purchaser a fee, as specified,
to fund various specified costs in connection with, among other
things, a background check of the purchaser, and to fund the costs
associated with the department's firearms-related regulatory and
enforcement activities related to the sale, purchase, loan, or
transfer of firearms.  
   This bill would also authorize using those charges to fund the
department's firearms-related regulatory and enforcement activities
related to the possession of firearms, as specified.  
   Existing law requires the Attorney General to keep various
identifying information on file of persons confined to penal
institutions including fingerprints, measurements, and criminal
histories.  
   This bill would state that it is the intent of the Legislature to
later amend into this bill provisions that would require law
enforcement to study and consider new policies to ensure proper
eyewitness identification procedures. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 28225 of the   Penal
Code   is amended to read: 
   28225.  (a) The Department of Justice may require the dealer to
charge each firearm purchaser a fee not to exceed fourteen dollars
($14), except that the fee may be increased at a rate not to exceed
any increase in the California Consumer Price Index as compiled and
reported by the Department of Industrial Relations.
   (b) The fee under subdivision (a) shall be no more than is
necessary to fund the following:
   (1) The department for the cost of furnishing this information.
   (2) The department for the cost of meeting its obligations under
paragraph (2) of subdivision (b) of Section 8100 of the Welfare and
Institutions Code.
   (3) Local mental health facilities for state-mandated local costs
resulting from the reporting requirements imposed by Section 8103 of
the Welfare and Institutions Code.
   (4) The State Department of Mental Health for the costs resulting
from the requirements imposed by Section 8104 of the Welfare and
Institutions Code.
   (5) Local mental hospitals, sanitariums, and institutions for
state-mandated local costs resulting from the reporting requirements
imposed by Section 8105 of the Welfare and Institutions Code.
   (6) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(a) of Section 6385 of the Family Code.
   (7) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(c) of Section 8105 of the Welfare and Institutions Code.
   (8) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to Section 28215.
   (9) The Department of Food and Agriculture for the costs resulting
from the notification provisions set forth in Section 5343.5 of the
Food and Agricultural Code.
   (10) The department for the costs associated with subdivisions (d)
and (e) of Section 27560.
   (11) The department for the costs associated with funding
Department of Justice firearms-related regulatory and enforcement
activities related to the sale, purchase,  possession, 
loan, or transfer of firearms pursuant to any provision listed in
Section 16580.
   (c) The fee established pursuant to this section shall not exceed
the sum of the actual processing costs of the department, the
estimated reasonable costs of the local mental health facilities for
complying with the reporting requirements imposed by paragraph (3) of
subdivision (b), the costs of the State Department of Mental Health
for complying with the requirements imposed by paragraph (4) of
subdivision (b), the estimated reasonable costs of local mental
hospitals, sanitariums, and institutions for complying with the
reporting requirements imposed by paragraph (5) of subdivision (b),
the estimated reasonable costs of local law enforcement agencies for
complying with the notification requirements set forth in subdivision
(a) of Section 6385 of the Family Code, the estimated reasonable
costs of local law enforcement agencies for complying with the
notification requirements set forth in subdivision (c) of Section
8105 of the Welfare and Institutions Code imposed by paragraph (7) of
subdivision (b), the estimated reasonable costs of the Department of
Food and Agriculture for the costs resulting from the notification
provisions set forth in Section 5343.5 of the Food and Agricultural
Code, the estimated reasonable costs of the department for the costs
associated with subdivisions (d) and (e) of Section 27560, and the
estimated reasonable costs of department firearms-related regulatory
and enforcement activities related to the sale, purchase, 
possession,  loan, or transfer of firearms pursuant to any
provision listed in Section 16580.
   (d) Where the electronic or telephonic transfer of applicant
information is used, the department shall establish a system to be
used for the submission of the fees described in this section to the
department. 
  SECTION 1.    It is the intent of the Legislature
to later amend into this bill provisions that would require law
enforcement officials to study and consider the adoption of new
policies and procedures to ensure that eyewitness identification
procedures minimize the chance of misidentifying a suspect.