BILL NUMBER: AB 231 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Members Ting and Gomez
FEBRUARY 5, 2013
An act to amend Section 1714.1 of, and to repeal Section
1714.3 of, the Civil Code, an d to amend Sections
25100 and 25110 of, and to repeal and add Section
25105 of 25107 to , the Penal Code,
relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 231, as amended, Ting. Firearms: criminal storage.
Existing law establishes civil liability for any injury to the
person or property of another proximately caused by the discharge of
a firearm by a minor under 18 years of age and imputes that liability
to a parent or guardian having custody and control of the minor for
all purposes of civil damages. Existing law provides that the parent
or guardian is jointly and severally liable with the minor for any
damages resulting from that act, if the parent or guardian either
permitted the minor to have the firearm or left the firearm in a
place accessible to the minor. Existing law provides that the
liability imposed is in addition to any liability otherwise imposed
by law and that no person, or group of persons collectively, shall
incur liability under those provisions in any amount exceeding
$30,000 for injury to or death of one person as a result of any one
occurrence or, subject to the limit as to one person, exceeding
$60,000 for injury to or death of all persons as a result of any one
occurrence. Existing law authorizes imputing liability to a parent or
guardian for specified conduct of a minor, as specified, and
provides that an insurer shall not be liable for certain conduct by a
minor imputed to a parent or guardian for any amount in excess of
$10,000.
This bill would revise and recast these provisions to remove the
dollar limitations in those liability provisions as to the parent or
guardian. The bill would extend the liability limitations as to the
insurer for liability arising out of the discharge of a firearm by a
minor, as specified. The bill would make additional technical,
nonsubstantive changes.
Existing law establishes the offenses of criminal storage of a
firearm in the first degree when a child obtains access to a person's
loaded firearm resulting in death or great bodily injury, as
specified, and criminal storage of a firearm in the 2nd degree, where
the child obtains access to the firearm resulting in injury other
than great bodily injury or the firearm is carried off premises, as
specified. Existing law provides several exceptions to these
offenses, including, among others, when a child obtains the firearm
as a result of illegal entry to the premises, when the firearm is
locked with a locking device, or when a child obtains, or obtains and
discharges, the firearm in a lawful act of self-defense or defense
of another person. Existing law makes the first degree offense
punishable as a felony or misdemeanor with specified penalties and
makes the 2nd degree offense punishable as a misdemeanor with
specified penalties.
This bill would recast those offenses to make it a crime
for establish the offense of criminal storage of a
firearm in the 3rd degree when a person to keep
keeps a loaded firearm within any premises under
his or her custody or control and a child obtains access to
a person's loaded firearm, as specified, and would not require that
the firearm be carried off premises or result in any injury or death.
The only exception to the offense would be when a child obtains, or
obtains and discharges, the firearm in a lawful act of self-defense
or defense of another person. negligently stores or
leaves a loaded firearm in a location where the person knows, or
reasonably should know, that a child is likely to gain access to the
firearm, unless reasonable action is taken by the person to secure
the firearm against access by the child . The bill
would make the offense punishable as a felony or a
misdemeanor with specified penalties . The
bill would also provide that "child" for all degrees of criminal
storage of a firearm means an individual who is 14 years of age or
younger. The bill would make a person who owns a firearm
strictly civilly liable for each incidence of property
damage, bodily injury, or death resulting from the use of his or her
firearm. This bill would provide that strict liability does not apply
if the owner of the firearm has reported his or her firearm to local
law enforcement as lost or stolen prior to
the damage, injury, or death . By expanding the
definition of a crime and imposing additional duties as local
prosecutors creating 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.
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. Section 1714.1 of the Civil
Code is amended to read:
1714.1. (a) Any act of willful misconduct of a minor that results
in injury or death to another person or in any injury to the
property of another shall be imputed to the parent or guardian having
custody and control of the minor for all purposes of civil damages,
and the parent or guardian having custody and control shall be
jointly and severally liable with the minor for any damages resulting
from the willful misconduct.
Subject to the provisions of subdivision (c), the joint and
several liability of the parent or guardian having custody and
control of a minor under this subdivision shall not exceed
twenty-five thousand dollars ($25,000) for each tort of the minor,
and in the case of injury to a person, imputed liability shall be
further limited to medical, dental and hospital expenses incurred by
the injured person, not to exceed twenty-five thousand dollars
($25,000). The liability imposed by this section is in addition to
any liability now imposed by law.
(b) Any act of willful misconduct of a minor that results in the
defacement of property of another with paint or a similar substance
shall be imputed to the parent or guardian having custody and control
of the minor for all purposes of civil damages, including court
costs, and attorney's fees, to the prevailing party, and the parent
or guardian having custody and control shall be jointly and severally
liable with the minor for any damages resulting from the willful
misconduct, not to exceed twenty-five thousand dollars ($25,000),
except as provided in subdivision (c), for each tort of the minor.
(c) The amounts listed in subdivisions (a) and (b) shall be
adjusted every two years by the Judicial Council to reflect any
increases in the cost of living in California, as indicated by the
annual average of the California Consumer Price Index. The Judicial
Council shall round this adjusted amount up or down to the nearest
hundred dollars. On or before July 1 of each odd-numbered year, the
Judicial Council shall compute and publish the amounts listed in
subdivisions (a) and (b), as adjusted according to this subdivision.
(d) Civil liability for any injury to the person or property of
another proximately caused by the discharge of a firearm by a minor
under 18 years of age shall be imputed to a parent or guardian having
custody and control of the minor for all purposes of civil damages,
and that parent or guardian shall be jointly and severally liable
with the minor for any damages resulting from the act, if the parent
or guardian either permitted the minor to have the firearm or left
the firearm in a place accessible to the minor. The liability imposed
by this section is in addition to any liability otherwise imposed by
law.
(d)
(e) The maximum liability imposed by this section is
the maximum liability authorized under this section at the time that
the act of willful misconduct by a minor was committed.
(e)
(f) Nothing in this section shall impose liability on
an insurer for a loss caused by the willful act of the insured for
purposes of Section 533 of the Insurance Code. An insurer shall not
be liable for the conduct imputed to a parent or guardian by this
section for any amount in excess of ten thousand dollars ($10,000).
SEC. 2. Section 1714.3 of the Civil
Code is repealed.
1714.3. Civil liability for any injury to the person or property
of another proximately caused by the discharge of a firearm by a
minor under the age of 18 years shall be imputed to a parent or
guardian having custody and control of the minor for all purposes of
civil damages, and such parent or guardian shall be jointly and
severally liable with such minor for any damages resulting from such
act, if such parent or guardian either permitted the minor to have
the firearm or left the firearm in a place accessible to the minor.
The liability imposed by this section is in addition to any
liability otherwise imposed by law. However, no person, or group of
persons collectively, shall incur liability under this section in any
amount exceeding thirty thousand dollars ($30,000) for injury to or
death of one person as a result of any one occurrence or, subject to
the limit as to one person, exceeding sixty thousand dollars
($60,000) for injury to or death of all persons as a result of any
one such occurrence.
SEC. 3. Section 25100 of the Penal Code
is amended to read:
25100. (a) Except as provided in Section 25105, a person commits
the crime of "criminal storage of a firearm of
in the first degree" if all of the following conditions
are satisfied:
(1) The person keeps any loaded firearm within any premises that
are under the person's custody or control.
(2) The person knows or reasonably should know that a child is
likely to gain access to the firearm without the permission of the
child's parent or legal guardian.
(3) The child obtains access to the firearm and thereby causes
death or great bodily injury to the child or any other person.
(b) Except as provided in Section 25105, a person commits the
crime of "criminal storage of a firearm of in
the second degree" if all of the following conditions are
satisfied:
(1) The person keeps any loaded firearm within any premises that
are under the person's custody or control.
(2) The person knows or reasonably should know that a child is
likely to gain access to the firearm without the permission of the
child's parent or legal guardian.
(3) The child obtains access to the firearm and thereby causes
injury, other than great bodily injury, to the child or any other
person, or carries the firearm either to a public place or in
violation of Section 417.
(c) Except as provided in Section 25105, a person commits the
crime of "criminal storage of a firearm in the third degree" if the
person keeps any loaded firearm within any premises that are under
the person's custody or control and negligently stores or leaves a
loaded firearm in a location where the person knows, or reasonably
should know, that a child is likely to gain access to the firearm,
unless reasonable action is taken by the person to secure the firearm
against access by the child.
(d) For purposes of this chapter, "child" means an individual who
is 14 years of age or younger.
SEC. 4. Section 25107 is added to the
Penal Code , to read:
25107. (a) A person who owns a firearm is strictly civilly liable
for each incidence of property damage, bodily injury, or death
resulting from the use of his or her firearm.
(b) This section does not apply if the owner of the firearm
reported the firearm to local law enforcement as stolen prior to the
damage, injury, or death.
SEC. 5. Section 25110 of the Penal Code
is amended to read:
25110. (a) Criminal storage of a firearm in the first degree is
punishable by imprisonment pursuant to subdivision (h) of Section
1170 for 16 months, or two or three years, by a fine not exceeding
ten thousand dollars ($10,000), or by both that imprisonment and
fine; or by imprisonment in a county jail not exceeding one year, by
a fine not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine.
(b) Criminal storage of a firearm in the second degree is
punishable by imprisonment in a county jail not exceeding one year,
by a fine not exceeding one thousand dollars ($1,000), or by both
that imprisonment and fine.
(c) Criminal storage of a firearm in the third degree is
punishable as a misdemeanor.
SEC. 6. 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 25100 of the Penal Code is
amended to read:
25100. (a) A person commits the crime of "criminal storage of a
firearm" if all of the following conditions are satisfied:
(1) The person keeps any loaded firearm within any premises that
are under the person's custody or control.
(2) Regardless of whether the person knows or reasonably should
know that a child is likely to gain access to the firearm without the
permission of the child's parent or legal guardian, a child does
obtain access to the firearm without permission of the child's parent
or legal guardian.
(b) This section does not apply when the child obtains, or obtains
and discharges, the firearm in a lawful act of self-defense or
defense of another person.
SEC. 2. Section 25105 of the Penal Code is
repealed.
SEC. 3. Section 25105 is added to the Penal
Code, to read:
25105. (a) A person who owns a firearm shall be strictly liable
for each incidence of property damage, bodily injury, or death
resulting from the use of his or her firearm.
(b) This section does not apply if the owner of the firearm
reports the firearm to local law enforcement as lost or stolen.
SEC. 4. Section 25110 of the Penal Code is
amended to read:
25110. Criminal storage of a firearm is punishable by
imprisonment pursuant to subdivision (h) of Section 1170 for 16
months, or two or three years, by a fine not exceeding ten thousand
dollars ($10,000), or by both that imprisonment and fine; or by
imprisonment in a county jail not exceeding one year, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine.
SEC. 5. 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.