BILL NUMBER: AB 280 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 17, 2013
AMENDED IN ASSEMBLY MAY 15, 2013
AMENDED IN ASSEMBLY APRIL 11, 2013
INTRODUCED BY Assembly Member Alejo
FEBRUARY 11, 2013
An act to amend Section 44036 27
590 of , and to add Section 27561 to, the
Education Code Penal Code , relating
to school employees firearms .
LEGISLATIVE COUNSEL'S DIGEST
AB 280, as amended, Alejo. School employees: paid
voluntary leave of absence. Firearms.
(1) Existing law requires the parties to a firearms transaction to
complete the sale, loan, or transfer through a licensed firearms
dealer if neither party to a firearms transaction holds a firearms
dealer's license.
This bill would prohibit a person, corporation, or dealer from
transporting or bringing a firearm into the state for the purpose of
selling, transferring, or loaning the firearm with the intent to
avoid the above requirement. The bill would make a violation of this
prohibition punishable by imprisonment in a county jail not exceeding
one year, or in a county jail for 16 months, or 2 or 3 years, or by
a fine not to exceed $1,000, or by both that fine and imprisonment.
The bill would also make a violation of this prohibition subject to
the 10-year prohibition on owning, purchasing, receiving, possessing,
or having a firearm. The bill would also make a person who violates
this prohibition ineligible for probation, except in an unusual case
where the interests of justice would best be served if the person is
granted probation. By creating a new crime, this bill would impose a
state-mandated local program.
(2) Existing law prohibits a licensed firearms dealer from
selling, supplying, delivering, or giving possession or control of a
handgun to any person under 21 years of age, or any other firearm to
a person under 18 years of age. Existing law prohibits a licensed
firearms dealer from delivering a firearm to a person within 10 days
of the application to purchase or if the Department of Justice has
notified the dealer that the person is prohibited from possessing a
firearm. Existing law prohibits a dealer from delivering a handgun if
the dealer is notified by the Department of Justice that the
purchaser has made another application to purchase a handgun within
the preceding 30-day period. Existing law also requires the firearm
to be unloaded and securely wrapped or in a locked container, and
requires that the purchaser present clear evidence of identity and
age and a handgun safety certificate before delivery.
This bill would prohibit a firearms dealer from transporting or
bringing into the state a firearm for the purpose of selling,
transferring, or loaning the firearm with the intent to violate the
above provisions. The bill would make a violation of this prohibition
punishable by imprisonment in a county jail not exceeding one year,
or in a county jail for 16 months, or 2 or 3 years, or by a fine not
to exceed $1,000, or by both that fine and imprisonment. The bill
would also make a violation of this prohibition subject to the
10-year prohibition on owning, purchasing, receiving, possessing, or
having a firearm. The bill would also make a person who violates this
prohibition ineligible for probation, except in an unusual case
where the interests of justice would best be served if the person is
granted probation. By creating a new crime, this bill would impose a
state-mandated local program.
(3) Existing law prohibits a licensed firearms dealer from
delivering a firearm to a person within 10 days of the application to
purchase or if the Department of Justice has notified the dealer
that the person is prohibited from possessing a firearm. Existing law
also requires that the purchaser present clear evidence of identity
and age and a handgun safety certificate before delivery.
This bill would prohibit a person from purchasing or receiving a
firearm from a dealer if the person knows or has reasonable cause to
believe that the delivery of the firearm by that dealer to that
person violates the above provisions. The bill would make a violation
of this prohibition a misdemeanor. If the violation involves a
handgun, the bill would make a violation of this provision punishable
by imprisonment in a county jail not exceeding one year, or in a
county jail for 16 months, or 2 or 3 years, or by a fine not to
exceed $1,000, or by both that fine and imprisonment. If the
violation involves a handgun, the bill would also make a violation of
this provision subject to the 10-year prohibition on owning,
purchasing, receiving, possessing, or having a firearm. If the
violation involves a handgun, the bill would also make a person who
violates this provision ineligible for probation, except in an
unusual case where the interests of justice would best be served if
the person is granted probation. By creating a new crime, this bill
would impose a state-mandated local program.
(4) Existing law prohibits a licensed firearms dealer from
delivering a firearm to a person within 10 days of the application to
purchase or if the Department of Justice has notified the dealer
that the person is prohibited from possessing a firearm. Existing law
prohibits a dealer from delivery a handgun if the dealer is notified
by the Department of Justice that the purchaser has made another
application to purchase a handgun within the preceding 30-day period.
Existing law also requires the firearm to be unloaded and securely
wrapped or in a locked container, and that the purchaser present
clear evidence of identity and age and a handgun safety certificate
before delivery.
This bill would require a California resident who seeks to own and
possess within the state a firearm acquired from outside of the
state to have the firearm delivered to a dealer in the state for
delivery pursuant to the above requirements. The bill would make a
violation of this provision a misdemeanor. If the violation involves
a handgun, the bill would make a violation of this provision
punishable by imprisonment in a county jail not exceeding one year,
or in a county jail for 16 months, or 2 or 3 years, or by a fine not
to exceed $1,000, or by both that fine and imprisonment. If the
violation involves a handgun, the bill would also make a violation of
this prohibition subject to the 10-year prohibition on owning,
purchasing, receiving, possessing, or having a firearm. If the
violation involves a handgun, the bill would also make a person who
violates this prohibition ineligible for probation, except in an
unusual case where the interests of justice would best be served if
the person is granted probation. By creating a new crime, this 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 authorizes the governing board of a school district
to grant a leave of absence with pay to a school employee under
specified circumstances, including, among others, if the employee is
called for jury duty.
This bill would prohibit the governing board of a school district
from granting a paid voluntary leave of absence to a district
superintendent, deputy superintendent, assistant superintendent, or
associate superintendent, of schools other than for those specified
purposes, unless the paid voluntary leave of absence is approved by
the governing board of the school district at a public meeting.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27 561 is added to
the Penal Code , to read:
27561. (a) A person, corporation, or dealer shall not transport
or bring into this state a firearm for the purpose of selling,
transferring, or loaning the firearm with the intent to avoid the
requirements of Section 27545, or with the intent to avoid the
requirements of any exemption to Section 27545.
(b) A dealer shall not transport or bring into this state a
firearm for the purpose of selling, transferring, or loaning the
firearm with the intent to violate Section 27510 or 27540.
(c) A person shall not purchase or receive a firearm from a
dealer, knowing or having reasonable cause to believe, that the
delivery of that firearm by that dealer to that person violations
subdivision (a), (c), (d), or (e) of Section 27540.
(d) A California resident who seeks to own and possess within the
state a firearm acquired from outside the state shall have that
firearm delivered to a dealer in this state for delivery to that
resident subject to the prohibitions specified in Section 27540.
(e) Subdivision (d) does not apply to or affect any of the
following:
(1) A licensed collector who is subject to and complies with
Section 27565.
(2) A dealer, if the dealer is receiving the firearm in the course
and scope of his or her activities as a dealer.
(3) A wholesaler, if the wholesaler is receiving the firearm in
the course and scope of his or her activities as a wholesaler.
(4) A person licensed as an importer of firearms or ammunition or
licensed as a manufacturer of firearms or ammunition pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto if the
importer or manufacturer is receiving the firearm in the course and
scope of his or her activities as a licensed importer or
manufacturer.
(5) A personal firearm importer who is subject to and complies
with Section 27560.
(6) A licensed collector who is subject to and complies with
Section 27966.
(7) A California resident who acquires ownership of a firearm by
bequest or intestate succession if the acquisition or ownership of
that firearm is exempt from the provisions of Section 27545 pursuant
to, and is in compliance with, Section 27875.
(f) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
SEC. 2. Section 27590 of the Penal Code
is amended to read:
27590. (a) Except as provided in subdivision (b), (c), or (e), a
violation of this article is a misdemeanor.
(b) If any of the following circumstances apply, a violation of
this article is punishable by imprisonment pursuant to subdivision
(h) of Section 1170 for two, three, or four years.
(1) If the violation is of subdivision (a) of Section 27500.
(2) If the defendant has a prior conviction of violating the
provisions, other than Section 27535, Section 27560 involving a
firearm that is not a handgun, or Section 27565 involving a firearm
that is not a handgun, of this article or former Section 12100 of
this code, as Section 12100 read at any time from when it was enacted
by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was
repealed by Section 18 of Chapter 23 of the Statutes of 1994, or
Section 8101 of the Welfare and Institutions Code.
(3) If the defendant has a prior conviction of violating any
offense specified in Section 29905 or of a violation of Section 32625
or 33410, or of former Section 12560, as that section read at any
time from when it was enacted by Section 4 of Chapter 931 of the
Statutes of 1965 to when it was repealed by Section 14 of Chapter 9
of the Statutes of 1990, or of any provision listed in Section 16590.
(4) If the defendant is in a prohibited class described in Chapter
2 (commencing with Section 29800) or Chapter 3 (commencing with
Section 29900) of Division 9 of this title, or Section 8100 or 8103
of the Welfare and Institutions Code.
(5) A violation of this article by a person who actively
participates in a "criminal street gang" as defined in Section
186.22.
(6) A violation of Section 27510 involving the delivery of any
firearm to a person who the dealer knows, or should know, is a minor.
(c) If any of the following circumstances apply, a violation of
this article shall be punished by imprisonment in a county jail not
exceeding one year or pursuant to subdivision (h) of Section 1170, or
by a fine not to exceed one thousand dollars ($1,000), or by both
that fine and imprisonment.
(1) A violation of Section 27515, 27520, or
subdivision (b) of Section 27500 , or subdivision (a)
or (b) of Section 27561 .
(2) A violation of Section 27505 involving the sale, loan, or
transfer of a handgun to a minor.
(3) A violation of Section 27510 involving the delivery of a
handgun.
(4) A violation of subdivision (a), (c), (d), (e), or (f) of
Section 27540 involving a handgun.
(5) A violation of Section 27545 , or subdivision (c) or (d)
of Section 27561 involving a handgun.
(6) A violation of Section 27550.
(d) If both of the following circumstances apply, an additional
term of imprisonment pursuant to subdivision (h) of Section 1170 for
one, two, or three years shall be imposed in addition and consecutive
to the sentence prescribed.
(1) A violation of Section 27510 or subdivision (b) of Section
27500.
(2) The firearm transferred in violation of Section 27510 or
subdivision (b) of Section 27500 is used in the subsequent commission
of a felony for which a conviction is obtained and the prescribed
sentence is imposed.
(e) (1) A first violation of Section 27535 is an infraction
punishable by a fine of fifty dollars ($50).
(2) A second violation of Section 27535 is an infraction
punishable by a fine of one hundred dollars ($100).
(3) A third or subsequent violation of Section 27535 is a
misdemeanor.
(4) For purposes of this subdivision each application to purchase
a handgun in violation of Section 27535 shall be deemed a separate
offense.
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 44036 of the Education Code
is amended to read:
44036. (a) The governing board of a school district may grant a
leave of absence to an employee to appear as a witness in court other
than as a litigant, or to respond to an official order from another
governmental jurisdiction for reasons not brought about through the
connivance or misconduct of the employee.
(b) The governing board of a school district may grant a leave of
absence to an employee in a position requiring certification
qualifications, regularly called for jury duty in the manner provided
for by law.
(c) The governing board of a school district may grant a leave of
absence pursuant to subdivision (a) or (b) with pay, up to the amount
of the difference between the employee's regular earnings and any
amount he or she receives for jury or witness fees.
(d) The governing board of a school district shall not grant a
paid voluntary leave of absence to a district superintendent, deputy
superintendent, assistant superintendent, or associate superintendent
of schools, other than for those purposes specified in subdivision
(a) or (b), unless the paid voluntary leave of absence is approved by
the governing board of the school district at a public meeting.