AB 1084, as introduced, Melendez. Firearms: punishment.
(1) Existing law prohibits a person from possessing a firearm in a place that the person knows, or reasonably should know, is a school zone, unless it is with the written permission of the school district superintendent. Under existing law, any person who violates this provision 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, is punishable by imprisonment in a county jail for 2, 3, or 4 years. Under existing law, any person who violates this provision by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, is punishable by imprisonment in a county jail for 2, 3, or 4 years.
This bill would make a violation of the above provisions punishable in the state prison. If the person is within a class of persons prohibited from possessing a firearm, the bill would require the person to be punished in the state prison for 4, 5, or 6 years if the violation was on the school grounds, and by imprisonment in the state prison for 3, 4, or 5 years if the violation was within 1,000 feet from the school grounds. In the case of a person who is within a class of persons prohibited from possessing a firearm, the bill would also require a mandatory 9-month term of incarceration in a county jail as a condition of probation. By increasing the punishment for certain crimes, this bill would impose a state-mandated local program.
(2) Existing law makes it unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, punishable by imprisonment in a county jail for 3, 5, or 7 years.
This bill would make this crime punishable in the state prison.
(3) Existing law makes it a crime to bring or possess a firearm, or a loaded firearm, upon the grounds of a campus of a public or private university. Under existing law the crime is punishable by imprisonment in a county jail for 1, 2, or 3 years if the firearm was unloaded, and 2, 3, or 4 years if loaded.
This bill would make these crimes punishable in a state prison, and in the case of an unloaded firearm, would increase the minimum term from 1 year to 16 months. In the case of a person who is within a class of persons prohibited from possessing a firearm, the bill would impose a state prison sentence of 3, 4, or 5 years, and a mandatory 6-month jail term as a condition of probation, if probation is granted, for a loaded firearm, and a state prison sentence of 2, 3, or 4 years, and a mandatory 3-month jail term as a condition of probation, if probation is granted, for an unloaded firearm. By increasing the punishment for a crime, and by creating new crimes, this bill would impose a state-mandated local program.
(4) Under existing law it is a crime for any person to brandish a firearm, unlawfully carry a concealed firearm, or carry a loaded firearm, upon the grounds of or within a playground, or a public or private youth center during operating hours, punishable by imprisonment in a county jail for 1, 2, or 3 years.
This bill would make a felony violation of this crime punishable in the state prison and would increase the minimum term from 1 year to 16 months. In the case of a person who is within a class of persons prohibited from possessing a firearm, the bill would impose a prison sentence of 2, 3, or 4 years, and a mandatory 6-month jail term as a condition of probation, if probation is granted. By increasing the punishment for a crime, this bill would impose a state-mandated local program.
(5) Existing law requires that all persons released from prison on and after October 1, 2011, after serving a prison term for a felony be subject to postrelease community supervision provided by a county agency for a period of 3 years immediately following release, except for persons released after serving a term for a serious felony, a violent felony, an offense for which the person was sentenced pursuant to the 3 strikes law, a crime where the person is classified as a High Risk Sex Offender, or a crime where the person is required to undergo treatment by the State Department of State Hospitals because the person has a severe mental disorder. Existing law requires these persons to be subject to parole supervision by the Department of Corrections and Rehabilitation following release from state prison.
This bill would additionally require that specified persons released from state prison on or after January 1, 2014, be subject to parole supervision by the Department of Corrections and Rehabilitation, including persons who have a current or prior felony conviction for any offense involving deadly weapons, any person who commits assault upon a person with a deadly weapon, a firearm, a machinegun, or a semiautomatic firearm, or who commits assault on a peace officer, any person who has a prior conviction for a serious or violent felony involving the use of a deadly or dangerous weapon or firearm, any person who has a current or prior conviction for any homicide or attempted homicide offense, any person who receives a sentence enhancement for carrying a firearm in the commission of any street gang crimes, who was armed with a firearm in the commission of a felony, or who had in his or her immediate possession ammunition designed primarily to penetrate metal armor or who wore a body vest in the commission of a felony or violent offense, and any person who has a current or prior conviction of a crime involving bringing firearms in a school zone or playground.
(6) Existing law generally prohibits the carrying of a concealed firearm. If a person has previously been convicted of any felony, or certain other specified crimes, existing law makes a violation of the law against carrying a concealed weapon a felony, punishable by imprisonment in the state prison for 16 months, or 2 or 3 years, and imposes a mandatory 3-month jail term as a condition of probation, if probation is granted.
This bill would instead make this crime punishable by imprisonment in the state prison for 2, 3, or 4 years, and would increase the mandatory jail term imposed as a condition of probation to 6 months. If the person has been previously convicted of certain specified violent felonies, the bill would require imprisonment in the state prison for 3, 4, or 5 years, and would impose a mandatory jail term of 9 months as a condition of probation, if probation is granted. By increasing the punishment for a crime, this bill would impose a state mandated local program.
(7) Under existing law, a person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unicorporated territory. Under existing law, a violation of this provision where the person has been convicted of any felony, or of certain specified crimes, is punishable by imprisonment in the state prison for 16 months, or 2 or 3 years.
This bill would instead make this crime punishable by imprisonment in the state prison for 2, 3, or 4 years, and would impose a mandatory jail term of 6 months as a condition of probation, if probation is granted. If the person has previously been convicted of certain specified felonies, the bill would require imprisonment in the state prison for 3, 4, or 5 years, and would impose a mandatory jail term of 9 months as a condition of probation, if probation is granted. By increasing the punishment for a crime, this bill would impose a state-mandated local program.
(8) Existing law makes it a misdemeanor to furnish a firearm to certain specified classes of people who are prohibited from having a firearm. If the violation involves knowingly providing a firearm to persons specified as having been convicted of violating certain laws, existing law makes a violation punishable by imprisonment in a county jail for 2, 3, or 4 years. If the firearm is provided where the person furnishing the firearm has cause to believe the recipient is within the prohibited class, or is within a class of people prohibited for reasons of mental illness, existing law makes a violation punishable by imprisonment in a county jail for 16 months, or 2 or 3 years.
This bill would make a violation of the above provisions punishable in the state prison for 2, 3, or 4 years, and would impose a mandatory jail term of 6 months as a condition of probation, if probation is granted. The bill would also impose this mandatory jail term as a condition of probation if the violation involved furnishing a firearm to a person who actively participates in a criminal street gang.
(9) Existing law makes it a crime to furnish a firearm to anyone the person knows is not the actual purchaser. Under existing law no dealer may acquire a firearm with the intent to violate provisions of law prohibiting the furnishing of a handgun to any person who is under 21 years of age, or any other firearm to a person under 18 years of age, or with the intent to violate the provisions of law requiring a 10-day waiting period. Under existing law no person may acquire a firearm with the intent to avoid completing a firearms transaction through a licensed dealer. Existing law makes these crimes punishable 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.
This bill would instead make these provisions punishable in the state prison for 16 months, or 2 or 3 years.
(10) Existing law makes it a felony for any person who has been convicted of a felony or certain other specified crimes, or who is addicted to the use of any narcotic drug, to possess a firearm. Existing law makes it a felony for any person who has been convicted of a felony or certain other specified crimes, when the conviction resulted from a certification by the juvenile court for prosecution as an adult, to possess a firearm. Under existing law these crimes are punishable by imprisonment in the state prison for 16 months, or 2 or 3 years.
This bill would make these crimes punishable by imprisonment in the state prison for 2, 3, or 4, years, and would impose a mandatory jail term of 6 months as a condition of probation, if probation is granted. By increasing the punishment for a crime, this bill would impose a state-mandated local program.
(11) Existing law prohibits any person who has been convicted of specified misdemeanors from having a firearm. A violation of this provision is punishable by imprisonment in a county jail not exceeding one year or in the state prison for 16 months, or 2 or 3 years.
This bill would make a felony conviction under these provisions punishable by imprisonment in the state prison for 2, 3, or 4 years, and would impose a mandatory jail term of 3 months as a condition of probation, if probation is granted. By increasing the punishment for a crime, this bill would impose a state-mandated local program.
(12) Under existing law, any person who has been convicted of certain enumerated violent offenses, or who has been convicted of certain enumerated violent offenses resulting from a certification by the juvenile court for prosecution as an adult, who possesses a firearm, is guilty of a felony, punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. Existing law imposes a 9-month mandatory jail term as a condition of probation for a violation of these provisions.
This bill would instead make a violation of these provisions punishable in the state prison for 3, 4, or 5 years and would increase the mandatory jail term imposed as a condition of probation to 9 months. By increasing the punishment for a crime, this bill would impose a state-mandated local program.
(13) Under existing law, any person who has been convicted of certain crimes enumerated as violent offenses, who possesses a firearm, is guilty of a felony.
This bill would add additional crimes to the list of enumerated violent offenses, as provided. By creating new crimes, this bill would impose a state mandated local program.
(14) Existing law prohibits a person from possessing a firearm or deadly weapon if the person has been admitted to a facility and is receiving inpatient treatment and the attending health professional is of the opinion that the person is a danger to self or others. Under existing a law a violation of this provision is punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, or by imprisonment in a county jail for not more than one year, by a fine not exceeding $1,000, or by both that imprisonment and fine. Under existing law it is a crime to furnish a person described by these provisions with a firearm, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years.
This bill would instead punish a violation of these provisions for possession by imprisonment in the state prison for 2, 3, or 4 years. The bill would punish a violation of the provisions for furnishing a firearm to a person prohibited from having a firearm pursuant to these provisions by imprisonment in the state prison for 2, 3, or 4 years, and would impose a mandatory jail term of 6 months as a condition of probation, if probation is granted. The bill would also provide that furnishing a deadly weapon to a person described in the above provisions would be punishable in the state prison instead of a county jail. By increasing the punishment of a crime, this bill would impose a state-mandated local program.
(15) Existing law prohibits a person from possessing a firearm or deadly weapon for a period of 6 months when the person has communicated a serious threat of physical violence to a licensed psychotherapist, unless a court finds that the person is likely to use firearms or other deadly weapons in a safe and lawful manner. Under existing law a felony violation of these provisions is punishable in a county jail for 16 months, or 2 or 3 years, by a fine not exceeding $1,000, or by both that fine and imprisonment. Existing law prohibits a person who has been adjudicated a danger to others as a result of a mental disorder, who has been adjudicated a mentally disordered sex offender, who has been found not guilty by reason of insanity, who has been found mentally incompetent to stand trial, who has been placed under a conservatorship by a court because the person is gravely disabled as a result of a mental disorder or impairment of chronic alcoholism, who has been taken into custody because he or she is a danger or self to others, or who has been certified for intensive treatment, from possessing a firearm or deadly weapon. Under existing law a felony violation of these provisions is punishable by imprisonment in a county jail for 16 months, or 2 or 3 years. Existing law also makes it a crime to provide a firearm to these individuals, a felony violation of which is punishable in a county jail for 2, 3, or 4 years.
This bill would instead punish a violation of these provisions for possession by imprisonment in the state prison for 2, 3, or 4 years. The bill would punish a violation of the provisions for furnishing a firearm to a person prohibited from having a firearm pursuant to these provisions by imprisonment in the state prison for 2, 3, or 4 years, and would impose a mandatory jail term of 6 months as a condition of probation , if probation is granted. The bill would also provide that furnishing of a deadly weapon to a person described in the above provisions would be punishable the state prison instead of a county jail. By increasing the punishment of a crime, this bill would impose a state-mandated local program.
(16) Existing law requires the State Department of State Hospitals to maintain the records it has in its possession that are necessary to identify persons who are prohibited from having weapons. Existing law requires the State Department of State Hospitals to make these records available to the Department of Justice upon request.
This bill would require the State Department of State Hospitals to make these records immediately available to the Department of Justice.
(17) 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 626.9 of the Penal Code is amended to
2read:
(a) This section shall be known, and may be cited, as
4the Gun-Free School Zone Act of 1995.
5(b) Any person who possesses a firearm in a place that the
6person knows, or reasonably should know, is a school zone, as
7defined in paragraph (1) of subdivision (e), unless it is with the
8written permission of the school district superintendent, his or her
9designee, or equivalent school authority, shall be punished as
10specified in subdivision (f).
11(c) Subdivision (b) does not apply to the possession of a firearm
12under any of the following circumstances:
13(1) Within a place of residence or place of business or on private
14property, if the place of
residence, place of business, or private
15property is not part of the school grounds and the possession of
16the firearm is otherwise lawful.
17(2) When the firearm is an unloaded pistol, revolver, or other
18firearm capable of being concealed on the person and is in a locked
19container or within the locked trunk of a motor vehicle.
20This section does not prohibit or limit the otherwise lawful
21transportation of any other firearm, other than a pistol, revolver,
22or other firearm capable of being concealed on the person, in
23accordance with state law.
24(3) When the person possessing the firearm reasonably believes
25that he or she is in grave danger because of circumstances forming
26the basis of a current restraining order issued by a court against
27another person or persons who has or have been found to pose a
28threat to his or her life or safety. This
subdivision may not apply
29when the circumstances involve a mutual restraining order issued
30pursuant to Division 10 (commencing with Section 6200) of the
31Family Code absent a factual finding of a specific threat to the
32person’s life or safety. Upon a trial for violating subdivision (b),
P9 1the trier of a fact shall determine whether the defendant was acting
2out of a reasonable belief that he or she was in grave danger.
3(4) When the person is exempt from the prohibition against
4carrying a concealed firearm pursuant to Section 25615, 25625,
525630, or 25645.
6(d) Except as provided in subdivision (b), it shall be unlawful
7for any person, with reckless disregard for the safety of another,
8to discharge, or attempt to discharge, a firearm in a school zone,
9as defined in paragraph (1) of subdivision (e).
10The prohibition contained in this subdivision
does not apply to
11the discharge of a firearm to the extent that the conditions of
12paragraph (1) of subdivision (c) are satisfied.
13(e) As used in this section, the following definitions shall apply:
14(1) “School zone” means an area in, or on the grounds of, a
15public or private school providing instruction in kindergarten or
16grades 1 to 12, inclusive, or within a distance of 1,000 feet from
17the grounds of the public or private school.
18(2) “Firearm” has the same meaning as that term is given in
19subdivisions (a) to (d), inclusive, of Section 16520.
20(3) “Locked container” has the same meaning as that term is
21given in Section 16850.
22(4) “Concealed firearm” has the same meaning as that term is
23
given in Sections 25400 and 25610.
24(f) (1) Any
end delete
25begin insert(f)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertbegin insert(A)end insertbegin insert end insertbegin insertExcept as provided in subparagraph (B), any end insertperson
26who violates subdivision (b) by possessing a firearm in, or on the
27grounds of, a public or private school providing instruction in
28kindergarten or grades 1 to 12, inclusive, shall be punished by
29imprisonmentbegin delete pursuant to subdivision (h) of Section 1170end deletebegin insert
in the
30state prisonend insert for two, three, or five years.
31(B) Any person who violates subdivision (b) by possessing a
32firearm in, or on the grounds of, a public or private school
33providing instruction in kindergarten or grades 1 to 12, inclusive,
34if the person is within a class of persons prohibited from possessing
35or acquiring a firearm pursuant to Chapter 2 (commencing with
36Section 29800) or Chapter 3 (commencing with Section 29900) of
37Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103
38of the Welfare and Institutions Code, shall be punished by
39imprisonment in the state prison for four, five, or six years.
P10 1(2) Any person who violates subdivision (b) by possessing a
2firearm within a distance of 1,000 feet from the grounds of
a public
3or private school providing instruction in kindergarten or grades
41 to 12, inclusive, shall be punished as follows:
5(A) By imprisonmentbegin delete pursuant to subdivision (h) of Section begin insert in the state prisonend insert for two, three, or five years, if any of the
61170end delete
7following circumstances apply:
8(i) If the person previously has been convicted of any felony,
9or of any crime made punishable by any provision listed in Section
1016580.
11(ii) If the person is within a class of persons prohibited from
12possessing or acquiring a firearm pursuant to Chapter 2
13(commencing with Section 29800) or Chapter 3 (commencing with
14Section 29900) of Division 9 of Title 4 of Part 6 of this code or
15Section 8100 or 8103 of the Welfare and Institutions Code.
16(iii)
end delete
17begin insert(ii)end insert If the firearm is any pistol, revolver, or other firearm capable
18of being concealed upon the person and the offense is punished as
19a felony pursuant to Section 25400.
20(B) By imprisonment in the state prison for three, four, or five
21years, if the person is within a class of persons prohibited from
22possessing or acquiring a firearm pursuant to Chapter 2
23(commencing with Section 29800) or Chapter 3 (commencing with
24Section 29900) of Division 9 of Title 4 of Part 6 of this code or
25Section 8100 or 8103 of the Welfare and Institutions Code.
26(B)
end delete
27begin insert(C)end insert By imprisonment in a county jail for not more than one year
28or by imprisonmentbegin delete pursuant to subdivision (h) of Section 1170end delete
29begin insert in the state prisonend insert for two, three, or five years, in all cases other
30than those specified in subparagraph (A).
31(3) Any person who violates subdivision (d) shall be punished
32by imprisonmentbegin delete pursuant to subdivision (h) of Section 1170end deletebegin insert in
33the state prisonend insert for three, five, or
seven years.
34(g) (1) Every person convicted under this section for a
35misdemeanor violation of subdivision (b) who has been convicted
36previously of a misdemeanor offense enumerated in Section 23515
37shall be punished by imprisonment in a county jail for not less
38than three months, or if probation is granted or if the execution or
39imposition of sentence is suspended, it shall be a condition thereof
P11 1that he or she be imprisoned in a county jail for not less than three
2months.
3(2) Every person convicted under this section of a felony
4violation of subdivision (b) or (d) who has been convicted
5previously of a misdemeanor offense enumerated in Section 23515,
6if probation is granted or if the execution of sentence is suspended,
7it shall be a condition thereof that he or she be imprisoned in a
8county jail for not less than three months.
9(3) Every person convicted under this section for a felony
10violation of subdivision (b) or (d) who has been convicted
11previously of any felony, or of any crime made punishable by any
12provision listed in Section 16580, if probation is granted or if the
13execution or imposition of sentence is suspended, it shall be a
14condition thereof that he or she be imprisoned in a county jail for
15not less than three months.
16(4) The court shall apply the three-month minimum sentence
17specified in this subdivision, except in unusual cases where the
18interests of justice would best be served by granting probation or
19suspending the execution or imposition of sentence without the
20minimum imprisonment required in this subdivision or by granting
21probation or suspending the execution or imposition of sentence
22with conditions other than those set forth in this subdivision, in
23which case the court shall specify
on the record and shall enter on
24the minutes the circumstances indicating that the interests of justice
25would best be served by this disposition.
26(h) Notwithstanding
end delete
27begin insert(h)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertbegin insertNotwithstandingend insert Section 25605, any person who brings
28or possesses a loaded firearm upon the grounds of a campus of, or
29buildings owned or operated for student housing, teaching,
30research, or administration by, a public or private university or
31college, that are contiguous or are clearly marked university
32property, unless it is with the written permission of the
university
33or college president, his or her designee, or equivalent university
34or college authority, shall be punished by imprisonmentbegin delete pursuant begin insert in the state prisonend insert for two, three,
35to subdivision (h) of Section 1170end delete
36or four years. Notwithstanding subdivision (k), a university or
37college shall post a prominent notice at primary entrances on
38noncontiguous property stating that firearms are prohibited on that
39property pursuant to this subdivision.
P12 1(2) Notwithstanding Section 25605, any person who brings or
2possesses a loaded firearm upon the grounds of a campus of, or
3buildings owned or operated for student housing, teaching,
4research, or administration by, a public or private
university or
5college, that are contiguous or are clearly marked university
6 property, unless it is with the written permission of the university
7or college president, his or her designee, or equivalent university
8or college authority, if the person is within a class of persons
9prohibited from possessing or acquiring a firearm pursuant to
10Chapter 2 (commencing with Section 29800) or Chapter 3
11(commencing with Section 29900) of Division 9 of Title 4 of Part
126 of this code or Section 8100 or 8103 of the Welfare and
13Institutions Code, shall be punished by imprisonment in the state
14prison for three, four, or five years.
15(i) Notwithstanding
end delete
16begin insert(i)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertbegin insertNotwithstandingend insert Section 25605, any person who brings
17or possesses a firearm upon the grounds of a campus of, or
18buildings owned or operated for student housing, teaching,
19research, or administration by, a public or private university or
20college, that are contiguous or are clearly marked university
21property, unless it is with the written permission of the university
22or college president, his or her designee, or equivalent university
23or college authority, shall be punished by imprisonmentbegin delete pursuant begin insert in the state prison for
24to subdivision (h) of Section 1170 for one,end delete
2516 months or,end insert twobegin delete,end delete or three years. Notwithstanding subdivision
26(k), a university or college shall post a
prominent notice at primary
27entrances on noncontiguous property stating that firearms are
28prohibited on that property pursuant to this subdivision.
29(2) Notwithstanding Section 25605, any person who brings or
30possesses a firearm upon the grounds of a campus of, or buildings
31owned or operated for student housing, teaching, research, or
32administration by, a public or private university or college, that
33are contiguous or are clearly marked university property, unless
34it is with the written permission of the university or college
35president, his or her designee, or equivalent university or college
36authority, if the person is within a class of persons prohibited from
37possessing or acquiring a firearm pursuant to Chapter 2
38(commencing with Section 29800) or Chapter 3 (commencing with
39Section 29900) of Division 9 of Title 4 of Part 6 of this code or
40Section 8100 or 8103
of the Welfare and Institutions Code, shall
P13 1be punished by imprisonment in the state prison for two, three, or
2four years.
3(j) For purposes of this section, a firearm shall be deemed to be
4loaded when there is an unexpended cartridge or shell, consisting
5of a case that holds a charge of powder and a bullet or shot, in, or
6attached in any manner to, the firearm, including, but not limited
7to, in the firing chamber, magazine, or clip thereof attached to the
8firearm. A muzzle-loader firearm shall be deemed to be loaded
9when it is capped or primed and has a powder charge and ball or
10shot in the barrel or cylinder.
11(k) This section does not require that notice be posted regarding
12the proscribed conduct.
13(l) This section does not apply to a duly appointed peace officer
14as defined in Chapter
4.5 (commencing with Section 830) of Title
153 of Part 2, a full-time paid peace officer of another state or the
16federal government who is carrying out official duties while in
17California, any person summoned by any of these officers to assist
18in making arrests or preserving the peace while he or she is actually
19engaged in assisting the officer, a member of the military forces
20of this state or of the United States who is engaged in the
21performance of his or her duties, a person holding a valid license
22to carry the firearm pursuant to Chapter 4 (commencing with
23Section 26150) of Division 5 of Title 4 of Part 6, or an armored
24vehicle guard, engaged in the performance of his or her duties, as
25defined in subdivision (e) of Section 7521 of the Business and
26Professions Code.
27(m) This section does not apply to a security guard authorized
28to carry a loaded firearm pursuant to Article 4 (commencing with
29Section 26000) of Chapter 3 of Division 5 of Title 4
of Part 6.
30(n) This section does not apply to an existing shooting range at
31a public or private school or university or college campus.
32(o) This section does not apply to an honorably retired peace
33officer authorized to carry a concealed or loaded firearm pursuant
34to any of the following:
35(1) Article 2 (commencing with Section 25450) of Chapter 2
36of Division 5 of Title 4 of Part 6.
37(2) Section 25650.
38(3) Sections 25900 to 25910, inclusive.
39(4) Section 26020.
begin insert
P14 1(p) (1) Every person convicted pursuant to subparagraph (B)
2of paragraph (1) of subdivision (f), and every person convicted
3under subparagraph (B) of paragraph (2) of subdivision (f), if
4probation is granted or the execution or imposition of sentence is
5suspended, shall be required, as a condition thereof, to be
6imprisoned in a county jail for not less than nine months.
7(2) The court shall apply the nine-month minimum sentence
8specified in this subdivision, except in unusual cases where the
9interests of justice would best be served by granting probation or
10suspending the execution or imposition of sentence without
11imposing the minimum imprisonment required in this subdivision
12or by granting probation or suspending the
execution or imposition
13of sentence with different conditions, in which case the court shall
14specify on the record and shall enter on the minutes the
15circumstances indicating that the interests of justice would best
16be served by this disposition.
17(q) (1) Every person convicted pursuant to paragraph (2) of
18subdivision (h), if probation is granted or the execution or
19imposition of sentence is suspended, shall be required, as a
20condition thereof, to be imprisoned in a county jail for not less
21than six months.
22(2) The court shall apply the six-month minimum sentence
23specified in this subdivision, except in unusual cases where the
24interests of justice would best be served by granting probation or
25suspending the execution or imposition of sentence without the
26minimum imprisonment required in this subdivision or by granting
27probation or suspending the execution or imposition of sentence
28with different conditions, in which case the court shall specify on
29the record and shall enter on the minutes the circumstances
30indicating that the interests of justice would best be served by this
31disposition.
32(r) (1) Every person convicted pursuant to paragraph (2) of
33subdivision (i), if probation
is granted or if the execution or
34imposition of sentence is suspended, shall be required, as a
35condition thereof, to be imprisoned in a county jail for not less
36than three months.
37(2) The court shall apply the three-month minimum sentence
38specified in this subdivision, except in unusual cases where the
39interests of justice would best be served by granting probation or
40suspending the execution or imposition of sentence without the
P15 1minimum imprisonment required in this subdivision or by granting
2probation or suspending the execution or imposition of sentence
3with different conditions, in which case the court shall specify on
4the record and shall enter on the minutes the circumstances
5indicating that the interests of justice would best
be served by this
6disposition.
Section 626.95 of the Penal Code is amended to read:
(a) Any
end delete
9begin insert(a)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertbegin insertAnyend insert person who is in violation of paragraph (2) of
10subdivision (a), or subdivision (b), of Section 417, or 25400 or
1125850, upon the grounds of or within a playground, or a public or
12private youth center during hours in which the facility is open for
13business, classes, or school-related programs, or at any time when
14minors are using the facility, knowing that he or she is on or within
15those grounds, shall
be punished by imprisonmentbegin delete pursuant to begin insert
in the state prison for 16
16subdivision (h) of Section 1170 for one,end delete
17months or,end insert twobegin delete,end delete or three years, or in a county jail not exceeding
18one year.
19(2) Any person who is in violation of paragraph (2) of
20subdivision (a), or subdivision (b), of Section 417, or Section 25400
21or 25850, upon the grounds of or within a playground, or a public
22or private youth center during hours in which the facility is open
23for business, classes, or school-related programs, or at any time
24when minors are using the facility, knowing that he or she is on
25or within those grounds, if the person is within a class of persons
26prohibited from possessing or acquiring a firearm pursuant to
27Chapter 2 (commencing with Section 29800) or Chapter 3
28(commencing with Section 29900) of Division 9 of Title 4 of Part
296 of this
code or Section 8100 or 8103 of the Welfare and
30Institutions Code, shall be punished by imprisonment in the state
31prison for two, three, or four years.
32(b) State and local authorities are encouraged to cause signs to
33be posted around playgrounds and youth centers giving warning
34of prohibition of the possession of firearms upon the grounds of
35or within playgrounds or youth centers.
36(c) For purposes of this section, the following definitions shall
37apply:
38(1) “Playground” means any park or recreational area
39specifically designed to be used by children that has play equipment
40installed, including public grounds designed for athletic activities
P16 1such as baseball, football, soccer, or basketball, or any similar
2facility located on public or private school grounds, or on city or
3county parks.
4(2) “Youth center” means any public or private facility that is
5used to host recreational or social activities for minors while minors
6are present.
7(d) It is the Legislature’s intent that only an actual conviction
8of a felony of one of the offenses specified in this section would
9subject the person to firearms disabilities under the federal Gun
10Control Act of 1968 (P.L. 90-618; 18 U.S.C. Sec. 921).
11(e) (1) Every person convicted pursuant to paragraph (2) of
12subdivision (a), if probation is granted or the execution or
13imposition of sentence is suspended, shall be required, as a
14condition thereof, to be
imprisoned in a county jail for not less
15than six months.
16(2) The court shall apply the six-month minimum sentence
17specified in this subdivision, except in unusual cases where the
18interests of justice would best be served by granting probation or
19suspending the execution or imposition of sentence without the
20minimum imprisonment required in this subdivision or by granting
21probation or suspending the execution or imposition of sentence
22with different conditions, in which case the court shall specify on
23the record and shall enter on the minutes the circumstances
24indicating that the interests of justice would best be served by this
25disposition.
Section 3000.08 of the Penal Code, as amended by
27Section 35 of Chapter 43 of the Statutes of 2012, is amended to
28read:
(a) begin deletePersons end deletebegin insertA person end insertreleased from state prison prior
30tobegin insert,end insert or on or afterbegin insert,end insert July 1, 2013, after serving a prison term or, whose
31sentence has been deemed served pursuant to Section 2900.5, for
32any of the following crimesbegin delete shall beend deletebegin insert isend insert subject
to parole supervision
33by the Department of Corrections and Rehabilitation and the
34jurisdiction of the court in the countybegin delete whereend deletebegin insert
in whichend insert the parolee
35is released or resides for the purpose of hearing petitions to revoke
36parole and impose a term of custody:
37(1) A serious felony as described in subdivision (c) of Section
381192.7.
39(2) A violent felony as described in subdivision (c) of Section
40667.5.
P17 1(3) A crime for which the person was sentenced pursuant to
2paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
3of subdivision (c) of Section 1170.12.
4(4) Any crimebegin delete whereend deletebegin insert for whichend insert the personbegin delete eligible for release
is classified as a High Risk Sex Offender.
5from prisonend delete
6(5) Any crimebegin delete whereend deletebegin insert for whichend insert the person is required, as a
7condition of parole, to undergo treatment by thebegin delete Department of begin insert State Department of State Hospitalsend insert pursuant to
8Mental Healthend delete
9Section 2962.
10(b) A person released from state prison on or after January 1,
112014, after serving a prison term, or whose sentence has been
12deemed served pursuant to Section 2900.5, to
which any of the
13following apply, is subject to the jurisdiction of, and parole
14supervision by, the Department of Corrections and Rehabilitation:
15(1) The person has a current or prior felony conviction for any
16offense included in Part 6 (commencing with Section 16000).
17(2) The person has a current or prior conviction for a violation
18of Section 245, except that this subdivision does not apply to a
19violation of paragraph (4) of subdivision (a) of Section 245
as
20amended by Section 1 of Chapter 183 of the Statutes of 2011.
21(3) The person has a prior conviction of a serious felony
22described in subdivision (c) of Section 1192.7 involving the use of
23a deadly or dangerous weapon or firearm.
24(4) The person has a prior conviction of a violent felony
25described in subdivision (c) of Section 667.5 involving the use of
26a deadly or dangerous weapon or firearm.
27(5) The person has a current or prior conviction for an offense
28where the person used a firearm as specified in Section 12021.5,
2912022, or 12022.2.
30(6) The person has a current or prior conviction for any
31homicide offense, including any attempted homicide offense,
32defined in Sections 187 to 191.5, inclusive.
33(b)
end delete
34(7) The person has a current or prior felony conviction of
35Section 626.9 or 626.95.
36begin insert(c)end insert Notwithstanding any otherbegin delete provision ofend delete law, all other
37offenders released from prison shall be placed on postrelease
38supervision pursuant to Title 2.05 (commencing with Section
393450).
40(c)
end delete
P18 1begin insert(d)end insert At any time during the period of parole of a person subject
2
to this section, if any parole agent or peace officer has probable
3cause to believe that the parolee is violating any term or condition
4of his or her parole, the agent or officer may, without warrant or
5other process and at any time until the final disposition of the case,
6arrest the person and bring him or her before the court, or the court
7may, in its discretion, issue a warrant for that person’s arrest
8pursuant to Section 1203.2.
9(d)
end delete
10begin insert(e)end insert Upon review of the alleged violation and a finding of good
11cause that the parolee has committed a violation of law or violated
12his or her conditions of parole, the supervising parole agency may
13impose additional and appropriate conditions
of supervision,
14including rehabilitation and treatment services and appropriate
15incentives for compliance, and impose immediate, structured, and
16intermediate sanctions for parole violations, including flash
17incarceration in a county jail. Periods of “flash incarceration,” as
18defined in subdivision (e) are encouraged as one method of
19punishment for violations of a parolee’s conditions of parole.begin delete20 Nothing in
thisend delete
begin delete is intended toend deletebegin insert does notend insert preclude
21referrals to a reentry court pursuant to Section 3015.
22(e)
end delete
23begin insert(f)end insert “Flash incarceration” is a period of detention in county jail
24due to a violation of a parolee’s conditions of parole. The length
25of the detention period can range between one and 10 consecutive
26days. Shorter, but if necessary more frequent, periods of
detention
27for violations of a parolee’s conditions of parole shall appropriately
28punish a parolee while preventing the disruption in a work or home
29establishment that typically arises from longer periods of detention.
30(f)
end delete
31begin insert(g)end insert If the supervising parole agency has determined, following
32application of its assessment processes, that intermediate sanctions
33up to and including flash incarceration are not appropriate, the
34supervising parole agency shall, pursuant to Section 1203.2,
35petition the court in the county in which the parolee is being
36supervised to revoke parole. At any point during the process
37initiated pursuant to this section, a parolee may waive, in writing,
38his or her
right to counsel, admit the parole violation, waive a court
39hearing, and accept the proposed parole modification or revocation.
40The petition shall include a written report that contains additional
P19 1information regarding the petition, including the relevant terms
2and conditions of parole, the circumstances of the alleged
3underlying violation, the history and background of the parolee,
4and any recommendations. The Judicial Council shall adopt forms
5and rules of court to establish uniform statewide procedures to
6implement this subdivision, including the minimum contents of
7supervision agency reports. Upon a finding that the person has
8violated the conditions of parole, the court shall have authority to
9do any of the following:
10(1) Return the person to parole supervision with modifications
11of conditions, if appropriate, including a period of incarceration
12in county jail.
13(2) Revoke
parole and order the person to confinement in the
14county jail.
15(3) Refer the person to a reentry court pursuant to Section 3015
16or other evidence-based program in the court’s discretion.
17(g)
end delete
18begin insert(h)end insert Confinement pursuant to paragraphs (1) and (2) of
19subdivisionbegin delete (f)end deletebegin insert (g)end insert shall not exceed a period of 180 days in the
20county jail.
21(h)
end delete
22begin insert(i)end insert Notwithstanding any otherbegin delete provision ofend delete law,begin delete in any case begin insert ifend insert Section 3000.1 or paragraph (4) of subdivision (b) of
23whereend delete
24Section 3000 applies to a person who is on parole and the court
25determines that the person has committed a violation of law or
26violated his or her conditions of parole, the person on parole shall
27be remanded to the custody of the Department of Corrections and
28Rehabilitation and the jurisdiction of the Board of Parole Hearings
29for the purpose of future parole consideration.
30(i)
end delete
31begin insert(j)end insert Notwithstanding subdivision (a), any of the following persons
32released from state prison shall be subject to the jurisdiction of,
33and parole supervision by, the Department of Corrections and
34Rehabilitation for a period of parole up to three years or the parole
35term the person was subject to at the time of the commission of
36the offense, whichever is greater:
37(1) The person is required to register as a sex offender pursuant
38to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
391, and was subject to a period of parole exceeding three years at
P20 1the time he or she committed a felony for which they were
2convicted and subsequently sentenced to state prison.
3(2) The person was subject to parole for life
pursuant to Section
43000.1 at the time of the commission of the offense that resulted
5in a conviction and state prison sentence.
6(j)
end delete
7begin insert(k)end insert Parolees subject to this section who have a pending
8adjudication for a parole violation on July 1, 2013,begin delete shall beend deletebegin insert areend insert
9 subject to the jurisdiction of the Board of Parole Hearings. Parole
10revocation proceedings conducted by the Board of Parole Hearings
11prior to July 1, 2013, if reopened on or after July 1, 2013,begin delete shall beend delete
12begin insert
areend insert subject to the jurisdiction of the Board of Parole Hearings.
13(k)
end delete
14begin insert(l)end insert Except as described in subdivisionbegin delete (c)end deletebegin insert (d)end insert, any person who
15is convicted of a felony that requires community supervision and
16who still has a period of state parole to serve shall discharge from
17state parole at the time of release to community supervision.
18(l)
end delete19begin insert(m)end insert This section shall become operative on July 1, 2013.
Section 3451 of the Penal Code is amended to read:
(a) Notwithstanding any other law and except for persons
22serving a prison term for any crime described in subdivision (b),
23all persons released from prison on and after October 1, 2011, or,
24whose sentence has been deemed served pursuant to Section 2900.5
25after serving a prison term for a felony shall, upon release from
26prison and for a period not exceeding three years immediately
27following release, be subject to community supervision provided
28by a county agency designated by each county’s board of
29supervisors which is consistent with evidence-based practices,
30including, but not limited to, supervision policies, procedures,
31programs, and practices demonstrated by scientific research to
32reduce recidivism among individuals under postrelease supervision.
33(b) This section
shall not apply to any person released from
34prison after having served a prison term for any of the following:
35(1) A serious felony described in subdivision (c) of Section
361192.7.
37(2) A violent felony described in subdivision (c) of Section
38667.5.
P21 1(3) A crime for which the person was sentenced pursuant to
2paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
3of subdivision (c) of Section 1170.12.
4(4) Any crime where the person eligible for release from prison
5is classified as a High Risk Sex Offender.
6(5) Any crime where the person is required, as a condition of
7parole, to undergo treatment by the State Department of State
8Hospitals pursuant to Section 2962.
9(c) This section shall not apply to any person released from
10prison specified in subdivision (b) of Section 3000.08.
11(c)
end delete
12begin insert(d)end insert (1) Postrelease supervision under this title shall be
13implemented by a county agency according to a postrelease strategy
14designated by each county’s board of supervisors.
15(2) The Department of Corrections and Rehabilitation shall
16inform every prisoner subject to the provisions of this title, upon
17release from state prison, of the requirements of this title and of
18his or her
responsibility to report to the county agency responsible
19for serving that inmate. The department shall also inform persons
20serving a term of parole for a felony offense who are subject to
21this section of the requirements of this title and of his or her
22responsibility to report to the county agency responsible for serving
23that parolee. Thirty days prior to the release of any person subject
24to postrelease supervision by a county, the department shall notify
25the county of all information that would otherwise be required for
26parolees under subdivision (e) of Section 3003.
Section 25400 of the Penal Code is amended to read:
(a) A person is guilty of carrying a concealed firearm
29when the person does any of the following:
30(1) Carries concealed within any vehicle that is under the
31person’s control or direction any pistol, revolver, or other firearm
32capable of being concealed upon the person.
33(2) Carries concealed upon the person any pistol, revolver, or
34other firearm capable of being concealed upon the person.
35(3) Causes to be carried concealed within any vehicle in which
36the person is an occupant any pistol, revolver, or other firearm
37capable of being concealed upon the person.
38(b) A firearm
carried openly in a belt holster is not concealed
39within the meaning of this section.
P22 1(c) Carrying a concealed firearm in violation of this section is
2punishable as follows:
3(1) If the person previously has been convicted of any felony,
4or of any crime made punishable by a provision listed in Section
516580, as a felonybegin insert, punishable in state prison for two, three, or
6four yearsend insert.
7(2) If the firearm is stolen and the person knew or had reasonable
8cause to believe that it was stolen, as a felony.
9(3) If the person is an active participant in a criminal street gang,
10as defined in subdivision (a) of Section 186.22, under the Street
11Terrorism Enforcement
and Prevention Act (Chapter 11
12(commencing with Section 186.20) of Title 7 of Part 1), as a felony.
13(4) If the person is not in lawful possession of the firearm or
14the person is within a class of persons prohibited from possessing
15or acquiring a firearm pursuant to Chapter 2 (commencing with
16Section 29800) or Chapter 3 (commencing with Section 29900)
17of Division 9 of this title, or Section 8100 or 8103 of the Welfare
18and Institutions Code, as a felony.
19(5) If the person has been convicted of a crime against a person
20or property, or of a narcotics or dangerous drug violation, by
21imprisonment pursuant to subdivision (h) of Section 1170, or by
22imprisonment in a county jail not to exceed one year, by a fine not
23to exceed one thousand dollars ($1,000), or by both that
24imprisonment and fine.
25(6) If both of the following
conditions are met, by imprisonment
26pursuant to subdivision (h) of Section 1170, or by imprisonment
27in a county jail not to exceed one year, by a fine not to exceed one
28thousand dollars ($1,000), or by both that fine and imprisonment:
29(A) The pistol, revolver, or other firearm capable of being
30concealed upon the person is loaded, or both it and the unexpended
31ammunition capable of being discharged from it are in the
32immediate possession of the person or readily accessible to that
33person.
34(B) The person is not listed with the Department of Justice
35pursuant to paragraph (1) of subdivision (c) of Section 11106 as
36the registered owner of that pistol, revolver, or other firearm
37capable of being concealed upon the person.
38(7) If the person
has been convicted of any felony enumerated
39in Section 29905, as a felony, punishable by imprisonment in the
40state prison for three, four, or five years.
P23 1(7)
end delete
2begin insert(8)end insert In all cases other than those specified in paragraphs (1) to
3(6), inclusive, by imprisonment in a county jail not to exceed one
4year, by a fine not to exceed one thousand dollars ($1,000), or by
5both that imprisonment and fine.
6(d) (1) Every person convicted under this section who
7previously has been convicted of a misdemeanor offense
8enumerated in Section 23515 shall be punished by imprisonment
9in a
county jail for at least three months and not exceeding six
10months, or, if granted probation, or if the execution or imposition
11of sentence is suspended, it shall be a condition thereof that the
12person be imprisoned in a county jail for at least three months.
13(2) Every person convicted under this section who has
14previously been convicted of any felony, or of any crime made
15punishable by a provision listed in Section 16580, if probation is
16granted, or if the execution or imposition of sentence is suspended,
17it shall be a condition thereof that the person be imprisoned in a
18county jail for not less thanbegin delete threeend deletebegin insert sixend insert months.
19(3) Every person convicted under this section who has previously
20been convicted of any felony enumerated in Section 29905, if
21probation is granted, or if the execution or imposition of sentence
22is suspended, it shall be a condition thereof that the person be
23imprisoned in a county jail for not less than nine months.
24(e) The court shall apply thebegin delete three-monthend delete minimum sentence
25as specified in subdivision (d), except in unusual cases where the
26interests of justice would best be served by granting probation or
27suspending the imposition or execution of sentence without the
28minimum imprisonment required in subdivision (d) or by granting
29probation or suspending the imposition or execution of sentence
30with conditions other than those set forth in subdivision (d), in
31which case, the court shall specify on the record and shall enter
32on
the minutes the circumstances indicating that the interests of
33justice would best be served by that disposition.
34(f) A peace officer may arrest a person for a violation of
35paragraph (6) of subdivision (c) if the peace officer has probable
36cause to believe that the person is not listed with the Department
37of Justice pursuant to paragraph (1) of subdivision (c) of Section
3811106 as the registered owner of the pistol, revolver, or other
39firearm capable of being concealed upon the person, and one or
P24 1more of the conditions in subparagraph (A) of paragraph (6) of
2subdivision (c) is met.
Section 25850 of the Penal Code is amended to read:
(a) A person is guilty of carrying a loaded firearm
5when the person carries a loaded firearm on the person or in a
6vehicle while in any public place or on any public street in an
7incorporated city or in any public place or on any public street in
8a prohibited area of unincorporated territory.
9(b) In order to determine whether or not a firearm is loaded for
10the purpose of enforcing this section, peace officers are authorized
11to examine any firearm carried by anyone on the person or in a
12vehicle while in any public place or on any public street in an
13incorporated city or prohibited area of an unincorporated territory.
14Refusal to allow a peace officer to inspect a firearm pursuant to
15this section constitutes probable cause for arrest for violation of
16this section.
17(c) Carrying a loaded firearm in violation of this section is
18punishable, as follows:
19(1) Where the person previously has been convicted of any
20felony, or of any crime made punishable by a provision listed in
21Section 16580, as a felonybegin insert, punishable by imprisonment in the
22state prison for end insertbegin inserttwo, three, or four yearsend insert.
23(2) Where the firearm is stolen and the person knew or had
24reasonable cause to believe that it was stolen, as a felony.
25(3) Where the person is an active participant in a criminal street
26gang, as defined in subdivision (a) of Section
186.22, under the
27Street Terrorism Enforcement and Prevention Act (Chapter 11
28(commencing with Section 186.20) of Title 7 of Part 1), as a felony.
29(4) Where the person is not in lawful possession of the firearm,
30or is within a class of persons prohibited from possessing or
31acquiring a firearm pursuant to Chapter 2 (commencing with
32Section 29800) or Chapter 3 (commencing with Section 29900)
33of Division 9 of this title, or Section 8100 or 8103 of the Welfare
34and Institutions Code, as a felony.
35(5) Where the person has been convicted of a crime against a
36person or property, or of a narcotics or dangerous drug violation,
37by imprisonment pursuant to subdivision (h) of Section 1170, or
38by imprisonment in a county jail not to exceed one year, by a fine
39not to exceed one thousand dollars ($1,000), or by both that
40imprisonment and fine.
P25 1(6) Where the person is not listed with the Department of Justice
2pursuant to Section 11106 as the registered owner of the handgun,
3by imprisonment pursuant to subdivision (h) of Section 1170, or
4by imprisonment in a county jail not to exceed one year, or by a
5fine not to exceed one thousand dollars ($1,000), or both that fine
6and imprisonment.
7(7) If the person has been convicted of any felony enumerated
8in Section 29905, as a felony, punishable by imprisonment in the
9state prison for three, four, or five years.
10(7)
end delete
11begin insert(8)end insert In all cases other than those specified in paragraphs (1) to
12(6), inclusive, as a misdemeanor, punishable by imprisonment in
13a county jail not to exceed one year, by a fine not to exceed one
14thousand dollars ($1,000), or by both that imprisonment and fine.
15(d) (1) Every person convicted under this section who has
16previously been convicted of an offense enumerated in Section
1723515, or of any crime made punishable under a provision listed
18in Section 16580, shall serve a term of at least three months in a
19county jail, or, if granted probation or if the execution or imposition
20of sentence is suspended, it shall be a condition thereof that the
21person be imprisoned for a period of at least three months.
22(2) Except as provided in paragraph (1), every person convicted
23
under this section who has previously been convicted of any felony,
24if probation is granted, or if the execution or imposition of sentence
25is suspended, it shall be a condition thereof that the person be
26imprisoned in a county jail for not less than six months.
27(3) Except as provided in paragraph (1), and notwithstanding
28paragraph (2), every person convicted under this section who has
29previously been convicted of any felony enumerated in Section
3029905, if probation is granted, or if the execution or imposition
31of sentence is suspended, it shall be a condition thereof that the
32person be imprisoned in a county jail for not less than nine months.
33(2)
end delete
34begin insert(4)end insert The court shall apply thebegin delete three-monthend delete minimum sentence
35begin insert specified in this subdivisionend insert except in unusual cases where the
36interests of justice would best be served by granting probation or
37suspending the imposition or execution of sentence without the
38minimum imprisonment required in this section or by granting
39probation or suspending the imposition or execution of sentence
40with conditions other than those set forth in this section, in which
P26 1case, the court shall specify on the record and shall enter on the
2minutes the circumstances indicating that the interests of justice
3would best be served by that disposition.
4(e) A violation of this section that is punished by imprisonment
5in a county jail not exceeding one year shall not constitute a
6conviction of a crime punishable by imprisonment for a term
7exceeding one year for the purposes of determining federal firearms
8eligibility under Section 922(g)(1) of Title 18 of the United States
9Code.
10(f) Nothing in this section, or in Article 3 (commencing with
11Section 25900) or Article 4 (commencing with Section 26000),
12shall preclude prosecution under Chapter 2 (commencing with
13Section 29800) or Chapter 3 (commencing with Section 29900)
14of Division 9 of this title, Section 8100 or 8103 of the Welfare and
15Institutions Code, or any other law with a greater penalty than this
16section.
17(g) Notwithstanding paragraphs (2) and (3) of subdivision (a)
18of Section 836, a peace officer may make an
arrest without a
19warrant:
20(1) When the person arrested has violated this section, although
21not in the officer’s presence.
22(2) Whenever the officer has reasonable cause to believe that
23the person to be arrested has violated this section, whether or not
24this section has, in fact, been violated.
25(h) A peace officer may arrest a person for a violation of
26paragraph (6) of subdivision (c), if the peace officer has probable
27cause to believe that the person is carrying a handgun in violation
28of this section and that person is not listed with the Department of
29Justice pursuant to paragraph (1) of subdivision (c) of Section
3011106 as the registered owner of that handgun.
Section 27590 of the Penal Code is amended to read:
(a) Except as provided in subdivision (b), (c), or (e),
33a violation of this article is a misdemeanor.
34(b) If any of the following circumstances apply, a violation of
35this article is punishable by imprisonmentbegin delete pursuant to subdivision begin insert in the state prison end insertfor two, three, or four years.
36(h) of Section 1170 end delete
37(1) If the violation is ofbegin delete subdivision (a) ofend delete Section 27500.
38(2) If the defendant has a prior conviction of violating the
39provisions, other than Section 27535, Section 27560 involving a
40firearm that is not a handgun, or Section 27565 involving a firearm
P27 1that is not a handgun, of this article or former Section 12100 of
2this code, as Section 12100 read at any time from when it was
3enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to
4when it was repealed by Section 18 of Chapter 23 of the Statutes
5of 1994, or Section 8101 of the Welfare and Institutions Code.
6(3) If the defendant has a prior conviction of violating any
7offense specified in Section 29905 or of a violation of Section
832625 or 33410, or of former Section 12560, as that section read
9at any time from when it was enacted by Section 4 of Chapter 931
10of the Statutes of 1965 to when it was repealed by Section 14 of
11Chapter 9 of the Statutes of 1990, or of any provision listed in
12Section 16590.
13(4) If the defendant is in a prohibited class described in Chapter
142 (commencing with Section 29800) or Chapter 3 (commencing
15with Section 29900) of Division 9 of this title, or Section 8100 or
168103 of the Welfare and Institutions Code.
17(5) A violation of this article by a person who actively
18participates in a “criminal street gang” as defined in Section 186.22.
19(6) A violation of Section 27510 involving the delivery of any
20firearm to a person who the dealer knows, or should know, is a
21minor.
22(c) If any of the following circumstances apply, a violation of
23this article shall be punished by imprisonment in a county jail not
24exceeding one year orbegin delete pursuant to subdivision (h) of Section 1170,end delete
25begin insert
in the state prison for 16 months, or twoend insertbegin insert or three years,end insert or by a
26fine not to exceed one thousand dollars ($1,000), or by both that
27fine and imprisonment.
28(1) A violation of Section 27515, 27520, or subdivision (b) of
29Section 27500.
30(2)
end delete
31begin insert(1)end insert A violation of Section 27505 involving the sale, loan, or
32transfer of a handgun to a
minor.
33(3)
end delete
34begin insert(2)end insert A violation of Section 27510 involving the delivery of a
35handgun.
36(4)
end delete
37begin insert(3)end insert A violation of subdivision (a), (c), (d), (e), or (f) of Section
3827540 involving a handgun.
39(5)
end delete40begin insert(4)end insert A violation of Section 27545 involving a handgun.
P28 1(6)
end delete2begin insert(5)end insert A violation of Section 27550.
3(d) If both of the following circumstances apply, an additional
4term of imprisonmentbegin delete pursuant to subdivision (h) of Section 1170 begin insert in the state prison for 16 months or,end insert
two
5for one,end deletebegin delete,end delete or three years
6shall be imposed in addition and consecutive to the sentence
7prescribed.
8(1) A violation of Section 27510 orbegin delete subdivision (b) ofend delete Section
927500.
10(2) The firearm transferred in violation of Section 27510 or
11subdivision (b) of Section 27500 is used in the subsequent
12commission of a felony for which a conviction is obtained and the
13prescribed sentence is imposed.
14(e) (1) A first violation of Section 27535 is an infraction
15punishable by a fine of fifty dollars ($50).
16(2) A second violation of Section 27535 is an infraction
17punishable by a fine of one
hundred dollars ($100).
18(3) A third or subsequent violation of Section 27535 is a
19misdemeanor.
20(4) For purposes of this subdivision each application to purchase
21a handgun in violation of Section 27535 shall be deemed a separate
22offense.
23(f) (1) Under the circumstances specified in paragraphs (1),
24(4), and (5) of subdivision (b), if probation is granted, or if the
25imposition or execution of sentence is suspended, it shall be a
26condition thereof that the person be imprisoned in a county jail
27not less than six months.
28(2) The court shall apply the minimum sentence specified in this
29subdivision except in unusual cases where the interests of justice
30would best be served by granting probation or suspending the
31imposition or execution of sentence without the minimum
32imprisonment required in this section or by granting probation or
33suspending the imposition or execution of sentence with conditions
34other than those set forth in this subdivision, in which case, the
35court shall specify on the record and shall enter on the minutes
36the circumstances indicating that the interests of justice would
37best be served by that disposition.
38(g) If any of the following circumstances apply, a violation of
39this article shall be
punished by imprisonment in the state prison
40for 16 months, or two or three years.
P29 1(1) A violation of Section 27515.
end insertbegin insert2(2) A violation of Section 27520.
end insertSection 29800 of the Penal Code is amended to read:
(a) (1) Any person who has been convicted of a felony
5under the laws of the United States, the State of California, or any
6other state, government, or country, or of an offense enumerated
7in subdivision (a), (b), or (d) of Section 23515, or who is addicted
8to the use of any narcotic drug, and who owns, purchases, receives,
9or has in possession or under custody or control any firearm is
10guilty of a felonybegin insert, punishable by imprisonment in the state prison
11for two, three, or four yearsend insert.
12(2) Any person who has two or more convictions for violating
13paragraph (2) of subdivision (a) of Section 417 and who owns,
14purchases, receives, or has in
possession or under custody or
15control any firearm is guilty of a felony.
16(b) Notwithstanding subdivision (a), any person who has been
17convicted of a felony or of an offense enumerated in Section 23515,
18when that conviction results from certification by the juvenile court
19for prosecution as an adult in an adult court under Section 707 of
20the Welfare and Institutions Code, and who owns or has in
21possession or under custody or control any firearm is guilty of a
22felonybegin insert, punishable by imprisonment in state prison for two, three,
23or four yearsend insert.
24(c) Subdivision (a) shall not apply to a person who has been
25convicted of a felony under the laws of the United States unless
26either of the following criteria is satisfied:
27(1) Conviction of a like offense under California law can only
28result in imposition of felony punishment.
29(2) The defendant was sentenced to a federal correctional facility
30for more than 30 days, or received a fine of more than one thousand
31dollars ($1,000), or received both punishments.
32(d) (1) Under the circumstances specified in paragraph (1) of
33subdivision (a), and under the circumstances specified in
34subdivision (b), if probation is granted, or if the imposition or
35execution of sentence is suspended, it shall be a condition thereof
36that the person be imprisoned in a county jail not less than six
37months.
38(2) The court shall apply the minimum sentence specified in this
39subdivision except in unusual cases where the interests of justice
40would best be served by granting probation or suspending the
P30 1imposition or execution of sentence without the minimum
2imprisonment required in this section or by granting probation or
3suspending the imposition or execution of sentence with conditions
4other than those set forth in this subdivision, in which case, the
5court shall specify on the record and shall enter on the minutes
6the circumstances indicating that the interests of justice would
7best be served by that disposition.
Section 29805 of the Penal Code is amended to read:
begin insert(a)end insertbegin insert end insertExcept as provided in Section 29855 or subdivision
10(a) of Section 29800, any person who has been convicted of a
11misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140,
12subdivision (d) of Section 148, Section 171b, paragraph (1) of
13subdivision (a) of Section 171c, 171d, 186.28, 240, 241, 242, 243,
14243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6,
15422, 626.9, 646.9, or 830.95, subdivision (a) of former Section
1612100, as that section read at any time from when it was enacted
17by Section 3 of Chapter 1386 of the Statutes of 1988 to when it
18was repealed by Section 18 of Chapter 23 of the Statutes of 1994,
19Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision
20(b) or (d) of Section 26100, or
Section 27510, or Section 8100,
218101, or 8103 of the Welfare and Institutions Code, any
22firearm-related offense pursuant to Sections 871.5 and 1001.5 of
23the Welfare and Institutions Code, or of the conduct punished in
24subdivision (c) of Section 27590, and who, within 10 years of the
25conviction, owns, purchases, receives, or has in possession or under
26custody or control, any firearm is guilty of a public offense, which
27shall be punishable by imprisonment in a county jail not exceeding
28one year or in the state prisonbegin insert for two, three, or four yearsend insert, by a
29fine not exceeding one thousand dollars ($1,000), or by both that
30imprisonment and fine. The court, on forms prescribed by the
31Department of Justice, shall notify the department of persons
32subject to this section. However, the prohibition in this section
33may be reduced, eliminated, or conditioned as provided in Section
3429855 or 29860.
35(b) (1) For a felony violation of this section, if probation is
36granted, or if the imposition or execution of sentence is suspended,
37it shall be a condition thereof that the person be imprisoned in a
38county jail not less than three months.
39(2) The court shall apply the minimum sentence specified in this
40subdivision except in unusual cases where the interests of justice
P31 1would best be served by granting probation or suspending the
2imposition or execution of sentence without the minimum
3imprisonment required in this section or by granting probation or
4suspending the imposition or execution of sentence with conditions
5other than those set forth in this
subdivision, in which case, the
6court shall specify on the record and shall enter on the minutes
7the circumstances indicating that the interests of justice would
8best be served by that disposition.
Section 29900 of the Penal Code is amended to read:
(a) (1) Notwithstanding subdivision (a) of Section
1129800, any person who has been previously convicted of any of
12the offenses listed in Section 29905 and who owns or has in
13possession or under custody or control any firearm is guilty of a
14felonybegin insert, punishable by imprisonment in the state prison for three,
15four, or five yearsend insert.
16(2) A dismissal of an accusatory pleading pursuant to Section
171203.4a involving an offense set forth in Section 29905 does not
18affect the finding of a previous conviction.
19(3) If probation is granted, or if the imposition or execution of
20sentence is
suspended, it shall be a condition of the probation or
21suspension that the defendant serve at leastbegin delete sixend deletebegin insert nineend insert months in a
22county jail.
23(b) (1) Any person previously convicted of any of the offenses
24listed in Section 29905 which conviction results from certification
25by the juvenile court for prosecution as an adult in adult court
26under the provisions of Section 707 of the Welfare and Institutions
27Code, who owns or has in possession or under custody or control
28any firearm, is guilty of a felonybegin insert, punishable by imprisonment in
29the state prison for three, four, or five yearsend insert.
30(2) If probation is granted, or if the imposition or execution of
31sentence is suspended, it shall be a condition of the probation or
32suspension that the defendant serve at leastbegin delete sixend deletebegin insert nineend insert months in a
33county jail.
34(c) The court shall apply the minimum sentence as specified in
35subdivisions (a) and (b) except in unusual cases where the interests
36of justice would best be served by granting probation or suspending
37the imposition or execution of sentence without the imprisonment
38required by subdivisions (a) and (b), or by granting probation or
39suspending the imposition or execution of sentence with conditions
40other than those set forth in subdivisions (a) and (b), in which case
P32 1the court shall specify on the record and shall enter on the minutes
2the
circumstances indicating that the interests of justice would best
3be served by the disposition.
Section 29905 of the Penal Code is amended to read:
(a) As used in this chapter, a violent offense includes
6any of the following:
7(1) Murder or voluntary manslaughter.
8(2) Mayhem.
9(3) Rape.
10(4) Sodomy by force, violence, duress, menace, or threat of
11great bodily harm.
12(5) Oral copulation by force, violence, duress, menace, or threat
13of great bodily harm.
14(6) Lewd acts on a child under the age of 14 years.
15(7) Any felony punishable by
death or imprisonment in the state
16prison for life.
17(8) Any other felony in which the defendant inflicts great bodily
18injury on any person, other than an accomplice, that has been
19charged and proven, or any felony in which the defendant uses a
20firearm which use has been charged and proven.
21(9) Attempted murder.
22(10) Assault with intent to commit rape or robbery.
23(11) Assault with a deadly weapon or instrument on a peace
24officer.
25(12) Assault by a life prisoner on a noninmate.
26(13) Assault with a deadly weapon by an inmate.
27(14) Arson.
28(15) Exploding a destructive device or any explosive with intent
29to injure.
30(16) Exploding a destructive device or any explosive causing
31great bodily injury.
32(17) Exploding a destructive device or any explosive with intent
33to murder.
34(18) Robbery.
35(19) Kidnapping.
36(20) Taking of a hostage by an inmate of a state prison.
37(21) Attempt to commit a felony punishable by death or
38imprisonment in the state prison for life.
39(22) Any felony in which the defendant personally used a
40dangerous or deadly
weapon.
P33 1(23) Escape from a state prison by use of force or violence.
2(24) Assault with a deadly weapon or force likely to produce
3great bodily injury.
4(25) Any felony violation of Section 186.22.
5(26) Any offense enumerated in subdivision (a), (b), or (d) of
6Section 23515.
7(27) Carjacking.
8(28) Any offense enumerated in subdivision (c) of Section 23515
9if the person has two or more convictions for violating paragraph
10(2) of subdivision (a) of Section 417.
11(29) Any felony violation
of Section 245, other than a violation
12of paragraph (4) of subdivision (a).
13(30) Any felony violation of Section 626.9 or 626.95.
end insertbegin insert14(31) Human trafficking, as defined in Section 236.1.
end insertbegin insert
15(32) Sexual
penetration as defined in subdivision (a) or (j) of
16Section 289.
17(33) Rape, spousal rape, or sexual penetration, in concert, in
18violation of Section 264.
19(34) Continuous sexual abuse of a child, as defined in Section
20288.5.
21(35) Any felony violation of Section 136.1.
end insertbegin insert
22(36) Use of a deadly weapon to intimidate witnesses as defined
23in Section 136.5.
24(37) Holding a hostage by an inmate as defined in Section 4503.
end insertbegin insert25(38) Any felony violation of Section 246.
end insert
26(b) As used in this chapter, a violent offense also includes any
27attempt to commit a crime listed in subdivision (a) other than an
28assault.
29(c) As used in this chapter, a violent offense includes any
30conspiracy to commit a crime listed in subdivision (a).
Section 8100 of the Welfare and Institutions Code is
32amended to read:
(a) A person shall not have in his or her possession or
34under his or her custody or control, or purchase or receive, or
35attempt to purchase or receive, any firearms whatsoever or any
36other deadly weapon, if on or after January 1, 1992, he or she has
37been admitted to a facility and is receiving inpatient treatment and,
38in the opinion of the attending health professional who is primarily
39responsible for the patient’s treatment of a mental disorder, is a
40danger to self or others, as specified by Section 5150, 5250, or
P34 15300, even though the patient has consented to that treatment. A
2person is not subject to this subdivision once he or she is discharged
3from the facility.
4(b) (1) A person shall not have in his or her possession or under
5his or her
custody or control, or purchase or receive, or attempt to
6purchase or receive, any firearms whatsoever or any other deadly
7weapon for a period of six months whenever, on or after January
81, 1992, he or she communicates to a licensed psychotherapist, as
9defined in subdivisions (a) to (e), inclusive, of Section 1010 of the
10Evidence Code, a serious threat of physical violence against a
11reasonably identifiable victim or victims. The six-month period
12shall commence from the date that the licensed psychotherapist
13reports to the local law enforcement agency the identity of the
14person making the communication. The prohibition provided for
15in this subdivision shall not apply unless the licensed
16psychotherapist notifies a local law enforcement agency of the
17threat by that person. The person, however, may own, possess,
18have custody or control over, or receive or purchase any firearm
19if a superior court, pursuant to paragraph (3) and upon petition of
20the person, has found, by a preponderance of the evidence, that
21the
person is likely to use firearms or other deadly weapons in a
22safe and lawful manner.
23(2) Upon receipt of the report from the local law enforcement
24agency pursuant to subdivision (c) of Section 8105, the Department
25of Justice shall notify by certified mail, return receipt requested,
26a person subject to this subdivision of the following:
27(A) That he or she is prohibited from possessing, having custody
28or control over, receiving, or purchasing any firearm or other
29deadly weapon for a period of six months commencing from the
30date that the licensed psychotherapist reports to the local law
31enforcement agency the identity of the person making the
32communication. The notice shall state the date when the prohibition
33commences and ends.
34(B) That he or she may petition a court, as provided in this
35subdivision, for an order
permitting the person to own, possess,
36control, receive, or purchase a firearm.
37(3) Any person who is subject to paragraph (1) may petition the
38superior court of his or her county of residence for an order that
39he or she may own, possess, have custody or control over, receive,
40or purchase firearms. At the time the petition is filed, the clerk of
P35 1the court shall set a hearing date and notify the person, the
2Department of Justice, and the district attorney. The people of the
3State of California shall be the respondent in the proceeding and
4shall be represented by the district attorney. Upon motion of the
5district attorney, or upon its own motion, the superior court may
6transfer the petition to the county in which the person resided at
7the time of the statements, or the county in which the person made
8the statements. Within seven days after receiving notice of the
9petition, the Department of Justice shall file copies of the reports
10described in
Section 8105 with the superior court. The reports shall
11be disclosed upon request to the person and to the district attorney.
12The district attorney shall be entitled to a continuance of the
13hearing to a date of not less than 14 days after the district attorney
14is notified of the hearing date by the clerk of the court. The court,
15upon motion of the petitioner establishing that confidential
16information is likely to be discussed during the hearing that would
17cause harm to the person, shall conduct the hearing in camera with
18only the relevant parties present, unless the court finds that the
19public interest would be better served by conducting the hearing
20in public. Notwithstanding any other provision of law, declarations,
21police reports, including criminal history information, and any
22other material and relevant evidence that is not excluded under
23Section 352 of the Evidence Code, shall be admissible at the
24hearing under this paragraph. If the court finds by a preponderance
25of the evidence that the person would
be likely to use firearms in
26a safe and lawful manner, the court shall order that the person may
27have custody or control over, receive, possess, or purchase firearms.
28A copy of the order shall be submitted to the Department of Justice.
29Upon receipt of the order, the department shall delete any reference
30to the prohibition against firearms from the person’s state summary
31criminal history information.
32(c) “Discharge,” for the purposes of this section, does not include
33a leave of absence from a facility.
34(d) “Attending health care professional,” as used in this section,
35means the licensed health care professional primarily responsible
36for the person’s treatment who is qualified to make the decision
37that the person has a mental disorder and has probable cause to
38believe that the person is a danger to self or others.
39(e) “Deadly weapon,” as used in this section and in Sections
408101, 8102, and 8103, means any weapon, the possession or
P36 1concealed carrying of which is prohibited by any provision listed
2in Section 16590 of the Penal Code.
3(f) “Danger to self,” as used in subdivision (a), means a
4voluntary person who has made a serious threat of, or attempted,
5suicide with the use of a firearm or other deadly weapon.
6(g) A violation of subdivision (a) of, or paragraph (1) of
7subdivision (b) of, this section shall be a public offense, punishable
8by imprisonmentbegin delete pursuant to subdivision (h) of Section 1170 of begin insert
in the state prison for two, three, or four
9the Penal Code, or in a county jail for not more than one year, by
10a fine not exceeding one thousand dollars ($1,000), or by both that
11imprisonment and fineend delete
12yearsend insert.
13(h) The prohibitions set forth in this section shall be in addition
14to those set forth in Section 8103.
15(i) Any person admitted and receiving treatment prior to January
161, 1992, shall be governed by this section, as amended by Chapter
171090 of the Statutes of 1990, until discharged from the facility.
Section 8101 of the Welfare and Institutions Code is
19amended to read:
(a) Any person who shall knowingly supply, sell, give,
21or allow possession or control of a deadly weapon to any person
22described in Section 8100 or 8103 shall be punishable by
23imprisonmentbegin delete pursuant to subdivision (h) of Section 1170 of the begin insert in the state prison for 16 months, or two or three yearsend insert,
24Penal Codeend delete
25or in a county jail for a period of not exceeding one year, by a fine
26of not exceeding one thousand dollars ($1,000), or by both the fine
27and imprisonment.
28(b) Any person who shall knowingly supply, sell, give, or allow
29possession or control of a firearm to any person
described in
30Section 8100 or 8103 shall be punished by imprisonmentbegin delete pursuant begin insert in the state
31to subdivision (h) of Section 1170 of the Penal Codeend delete
32prisonend insert for two, three, or four years.
33(c) “Deadly weapon,” as used in this section has the meaning
34prescribed by Section 8100.
35(d) (1) under the circumstances of subdivision (b), if probation
36is granted, or if the imposition or execution of sentence is
37suspended, it shall be a condition thereof that the person be
38imprisoned in a county jail not less than six months.
39(2) The court shall apply the minimum sentence
specified in this
40subdivision except in unusual cases where the interests of justice
P37 1would best be served by granting probation or suspending the
2imposition or execution of sentence without the minimum
3imprisonment required in this section or by granting probation or
4suspending the imposition or execution of sentence with conditions
5other than those set forth in this subdivision, in which case, the
6court shall specify on the record and shall enter on the minutes
7the circumstances indicating that the interests of justice would
8best be served by that disposition.
Section 8103 of the Welfare and Institutions Code is
10amended to read:
(a) (1) No person who after October 1, 1955, has been
12adjudicated by a court of any state to be a danger to others as a
13result of a mental disorder or mental illness, or who has been
14adjudicated to be a mentally disordered sex offender, shall purchase
15or receive, or attempt to purchase or receive, or have in his or her
16possession, custody, or control any firearm or any other deadly
17weapon unless there has been issued to the person a certificate by
18the court of adjudication upon release from treatment or at a later
19date stating that the person may possess a firearm or any other
20deadly weapon without endangering others, and the person has
21not, subsequent to the issuance of the certificate, again been
22adjudicated by a court to be a danger to others as a result of a
23mental disorder or mental illness.
24(2) The court shall immediately notify the Department of Justice
25of the court order finding the individual to be a person described
26in paragraph (1). The court shall also notify the Department of
27Justice of any certificate issued as described in paragraph (1).
28(b) (1) No person who has been found, pursuant to Section
291026 of the Penal Code or the law of any other state or the United
30States, not guilty by reason of insanity of murder, mayhem, a
31violation of Section 207, 209, or 209.5 of the Penal Code in which
32the victim suffers intentionally inflicted great bodily injury,
33carjacking or robbery in which the victim suffers great bodily
34injury, a violation of Section 451 or 452 of the Penal Code
35involving a trailer coach, as defined in Section 635 of the Vehicle
36Code, or any dwelling house, a violation of paragraph (1) or (2)
37of subdivision (a) of Section 262 or
paragraph (2) or (3) of
38subdivision (a) of Section 261 of the Penal Code, a violation of
39Section 459 of the Penal Code in the first degree, assault with
40intent to commit murder, a violation of Section 220 of the Penal
P38 1Code in which the victim suffers great bodily injury, a violation
2of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the
3Penal Code, or of a felony involving death, great bodily injury, or
4an act which poses a serious threat of bodily harm to another
5person, or a violation of the law of any other state or the United
6States that includes all the elements of any of the above felonies
7as defined under California law, shall purchase or receive, or
8attempt to purchase or receive, or have in his or her possession or
9under his or her custody or control any firearm or any other deadly
10weapon.
11(2) The court shall immediately notify the Department of Justice
12of the court order finding the person to be a person described in
13paragraph
(1).
14(c) (1) No person who has been found, pursuant to Section 1026
15of the Penal Code or the law of any other state or the United States,
16not guilty by reason of insanity of any crime other than those
17described in subdivision (b) shall purchase or receive, or attempt
18to purchase or receive, or shall have in his or her possession,
19custody, or control any firearm or any other deadly weapon unless
20the court of commitment has found the person to have recovered
21sanity, pursuant to Section 1026.2 of the Penal Code or the law of
22any other state or the United States.
23(2) The court shall immediately notify the Department of Justice
24of the court order finding the person to be a person described in
25paragraph (1). The court shall also notify the Department of Justice
26when it finds that the person has recovered his or her sanity.
27(d) (1) No person found by a court to be mentally incompetent
28to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code
29or the law of any other state or the United States, shall purchase
30or receive, or attempt to purchase or receive, or shall have in his
31or her possession, custody, or control, any firearm or any other
32deadly weapon, unless there has been a finding with respect to the
33person of restoration to competence to stand trial by the committing
34court, pursuant to Section 1372 of the Penal Code or the law of
35any other state or the United States.
36(2) The court shall immediately notify the Department of Justice
37of the court order finding the person to be mentally incompetent
38as described in paragraph (1). The court shall also notify the
39Department of Justice when it finds that the person has recovered
40his or her competence.
P39 1(e) (1) No person who has been placed under conservatorship
2by a court, pursuant to Section 5350 or the law of any other state
3or the United States, because the person is gravely disabled as a
4result of a mental disorder or impairment by chronic alcoholism,
5shall purchase or receive, or attempt to purchase or receive, or
6shall have in his or her possession, custody, or control, any firearm
7or any other deadly weapon while under the conservatorship if, at
8the time the conservatorship was ordered or thereafter, the court
9which imposed the conservatorship found that possession of a
10firearm or any other deadly weapon by the person would present
11a danger to the safety of the person or to others. Upon placing any
12person under conservatorship, and prohibiting firearm or any other
13deadly weapon possession by the person, the court shall notify the
14person of this prohibition.
15(2) The court shall immediately notify the Department of Justice
16of the court order placing the person under conservatorship and
17prohibiting firearm or any other deadly weapon possession by the
18person as described in paragraph (1). The notice shall include the
19date the conservatorship was imposed and the date the
20conservatorship is to be terminated. If the conservatorship is
21subsequently terminated before the date listed in the notice to the
22Department of Justice or the court subsequently finds that
23possession of a firearm or any other deadly weapon by the person
24would no longer present a danger to the safety of the person or
25others, the court shall immediately notify the Department of Justice.
26(3) All information provided to the Department of Justice
27pursuant to paragraph (2) shall be kept confidential, separate, and
28apart from all other records maintained by the Department of
29Justice, and shall be used only to determine
eligibility to purchase
30or possess firearms or other deadly weapons. Any person who
31knowingly furnishes that information for any other purpose is
32guilty of a misdemeanor. All the information concerning any person
33shall be destroyed upon receipt by the Department of Justice of
34notice of the termination of conservatorship as to that person
35pursuant to paragraph (2).
36(f) (1) No person who has been (A) taken into custody as
37provided in Section 5150 because that person is a danger to himself,
38herself, or to others, (B) assessed within the meaning of Section
395151, and (C) admitted to a designated facility within the meaning
40of Sections 5151 and 5152 because that person is a danger to
P40 1himself, herself, or others, shall own, possess, control, receive, or
2purchase, or attempt to own, possess, control, receive, or purchase
3any firearm for a period of five years after the person is released
4from the facility. A person described in
the preceding sentence,
5however, may own, possess, control, receive, or purchase, or
6attempt to own, possess, control, receive, or purchase any firearm
7if the superior court has, pursuant to paragraph (5), found that the
8people of the State of California have not met their burden pursuant
9to paragraph (6).
10(2) (A) For each person subject to this subdivision, the facility
11shall immediately, on the date of admission, submit a report to the
12Department of Justice, on a form prescribed by the Department of
13Justice, containing information that includes, but is not limited to,
14the identity of the person and the legal grounds upon which the
15person was admitted to the facility.
16Any report submitted pursuant to this paragraph shall be
17confidential, except for purposes of the court proceedings described
18in this subdivision and for determining the eligibility of the person
19to own, possess,
control, receive, or purchase a firearm.
20(B) Commencing July 1, 2012, facilities shall submit reports
21pursuant to this paragraph exclusively by electronic means, in a
22manner prescribed by the Department of Justice.
23(3) Prior to, or concurrent with, the discharge, the facility shall
24inform a person subject to this subdivision that he or she is
25prohibited from owning, possessing, controlling, receiving, or
26purchasing any firearm for a period of five years. Simultaneously,
27the facility shall inform the person that he or she may request a
28hearing from a court, as provided in this subdivision, for an order
29permitting the person to own, possess, control, receive, or purchase
30a firearm. The facility shall provide the person with a form for a
31request for a hearing. The Department of Justice shall prescribe
32the form. Where the person requests a hearing at the time of
33discharge, the
facility shall forward the form to the superior court
34unless the person states that he or she will submit the form to the
35superior court.
36(4) The Department of Justice shall provide the form upon
37request to any person described in paragraph (1). The Department
38of Justice shall also provide the form to the superior court in each
39county. A person described in paragraph (1) may make a single
40request for a hearing at any time during the five-year period. The
P41 1request for hearing shall be made on the form prescribed by the
2department or in a document that includes equivalent language.
3(5) Any person who is subject to paragraph (1) who has
4requested a hearing from the superior court of his or her county
5of residence for an order that he or she may own, possess, control,
6receive, or purchase firearms shall be given a hearing. The clerk
7of the court shall set a hearing date and notify the
person, the
8Department of Justice, and the district attorney. The people of the
9State of California shall be the plaintiff in the proceeding and shall
10be represented by the district attorney. Upon motion of the district
11attorney, or on its own motion, the superior court may transfer the
12hearing to the county in which the person resided at the time of
13his or her detention, the county in which the person was detained,
14or the county in which the person was evaluated or treated. Within
15seven days after the request for a hearing, the Department of Justice
16shall file copies of the reports described in this section with the
17superior court. The reports shall be disclosed upon request to the
18person and to the district attorney. The court shall set the hearing
19within 30 days of receipt of the request for a hearing. Upon
20showing good cause, the district attorney shall be entitled to a
21continuance not to exceed 14 days after the district attorney was
22notified of the hearing date by the clerk of the court. If additional
23
continuances are granted, the total length of time for continuances
24shall not exceed 60 days. The district attorney may notify the
25county mental health director of the hearing who shall provide
26information about the detention of the person that may be relevant
27to the court and shall file that information with the superior court.
28That information shall be disclosed to the person and to the district
29attorney. The court, upon motion of the person subject to paragraph
30(1) establishing that confidential information is likely to be
31discussed during the hearing that would cause harm to the person,
32shall conduct the hearing in camera with only the relevant parties
33present, unless the court finds that the public interest would be
34better served by conducting the hearing in public. Notwithstanding
35any other law, declarations, police reports, including criminal
36history information, and any other material and relevant evidence
37that is not excluded under Section 352 of the Evidence Code shall
38be admissible at the hearing
under this section.
P42 1(6) The people shall bear the burden of showing by a
2preponderance of the evidence that the person would not be likely
3to use firearms in a safe and lawful manner.
4(7) If the court finds at the hearing set forth in paragraph (5)
5that the people have not met their burden as set forth in paragraph
6(6), the court shall order that the person shall not be subject to the
7five-year prohibition in this section on the ownership, control,
8receipt, possession, or purchase of firearms. A copy of the order
9shall be submitted to the Department of Justice. Upon receipt of
10the order, the Department of Justice shall delete any reference to
11the prohibition against firearms from the person’s state mental
12health firearms prohibition system information.
13(8) Where the district attorney declines or fails to go forward
14
in the hearing, the court shall order that the person shall not be
15subject to the five-year prohibition required by this subdivision
16on the ownership, control, receipt, possession, or purchase of
17firearms. A copy of the order shall be submitted to the Department
18of Justice. Upon receipt of the order, the Department of Justice
19shall, within 15 days, delete any reference to the prohibition against
20firearms from the person’s state mental health firearms prohibition
21system information.
22(9) Nothing in this subdivision shall prohibit the use of reports
23filed pursuant to this section to determine the eligibility of persons
24to own, possess, control, receive, or purchase a firearm if the person
25is the subject of a criminal investigation, a part of which involves
26the ownership, possession, control, receipt, or purchase of a
27firearm.
28(g) (1) No person who has been
certified for intensive treatment
29under Section 5250, 5260, or 5270.15 shall own, possess, control,
30receive, or purchase, or attempt to own, possess, control, receive,
31or purchase, any firearm for a period of five years.
32Any person who meets the criteria contained in subdivision (e)
33or (f) who is released from intensive treatment shall nevertheless,
34if applicable, remain subject to the prohibition contained in
35subdivision (e) or (f).
36(2) (A) For each person certified for intensive treatment under
37paragraph (1), the facility shall immediately submit a report to the
38Department of Justice, on a form prescribed by the department,
39containing information regarding the person, including, but not
40limited to, the legal identity of the person and the legal grounds
P43 1upon which the person was certified. Any report submitted pursuant
2to this paragraph shall only be used for the purposes
specified in
3paragraph (2) of subdivision (f).
4(B) Commencing July 1, 2012, facilities shall submit reports
5pursuant to this paragraph exclusively by electronic means, in a
6manner prescribed by the Department of Justice.
7(3) Prior to, or concurrent with, the discharge of each person
8certified for intensive treatment under paragraph (1), the facility
9shall inform the person of that information specified in paragraph
10(3) of subdivision (f).
11(4) Any person who is subject to paragraph (1) may petition the
12superior court of his or her county of residence for an order that
13he or she may own, possess, control, receive, or purchase firearms.
14At the time the petition is filed, the clerk of the court shall set a
15hearing date and notify the person, the Department of Justice, and
16the district attorney. The people of the State of
California shall be
17the respondent in the proceeding and shall be represented by the
18district attorney. Upon motion of the district attorney, or on its
19own motion, the superior court may transfer the petition to the
20county in which the person resided at the time of his or her
21detention, the county in which the person was detained, or the
22county in which the person was evaluated or treated. Within seven
23days after receiving notice of the petition, the Department of Justice
24shall file copies of the reports described in this section with the
25superior court. The reports shall be disclosed upon request to the
26person and to the district attorney. The district attorney shall be
27entitled to a continuance of the hearing to a date of not less than
2814 days after the district attorney was notified of the hearing date
29by the clerk of the court. The district attorney may notify the county
30mental health director of the petition, and the county mental health
31director shall provide information about the detention of the
person
32that may be relevant to the court and shall file that information
33with the superior court. That information shall be disclosed to the
34person and to the district attorney. The court, upon motion of the
35person subject to paragraph (1) establishing that confidential
36information is likely to be discussed during the hearing that would
37cause harm to the person, shall conduct the hearing in camera with
38only the relevant parties present, unless the court finds that the
39public interest would be better served by conducting the hearing
40in public. Notwithstanding any other provision of law, any
P44 1declaration, police reports, including criminal history information,
2and any other material and relevant evidence that is not excluded
3under Section 352 of the Evidence Code, shall be admissible at
4the hearing under this section. If the court finds by a preponderance
5of the evidence that the person would be likely to use firearms in
6a safe and lawful manner, the court may order that the person may
7own, control, receive,
possess, or purchase firearms. A copy of
8the order shall be submitted to the Department of Justice. Upon
9receipt of the order, the Department of Justice shall delete any
10reference to the prohibition against firearms from the person’s
11state mental health firearms prohibition system information.
12(h) For all persons identified in subdivisions (f) and (g), facilities
13shall report to the Department of Justice as specified in those
14subdivisions, except facilities shall not report persons under
15subdivision (g) if the same persons previously have been reported
16under subdivision (f).
17Additionally, all facilities shall report to the Department of
18Justice upon the discharge of persons from whom reports have
19been submitted pursuant to subdivision (f) or (g). However, a report
20shall not be filed for persons who are discharged within 31 days
21after the date of admission.
22(i) Every person who owns or possesses or has under his or her
23custody or control, or purchases or receives, or attempts to purchase
24or receive, any firearm or any other deadly weapon in violation of
25this section shall be punished by imprisonmentbegin delete pursuant to begin insert in the state prison for two, three,
26subdivision (h) of Section 1170 of the Penal Code or in a county
27jail for not more than one yearend delete
28or four yearsend insert.
29(j) “Deadly weapon,” as used in this section, has the meaning
30prescribed by Section 8100.
Section 8104 of the Welfare and Institutions Code is
32amended to read:
The State Department of State Hospitals shall maintain
34in a convenient central location and shall makebegin insert immediatelyend insert
35 available to the Department of Justice those records that the State
36Department of State Hospitals has in its possession that are
37necessary to identify persons who come within Section 8100 or
388103. These records shall be made available to the Department of
39Justice upon request. The Department of Justice shall make these
40requests only with respect to its duties with regard to applications
P45 1for permits for, or to carry, or the possession, purchase, or transfer
2of, explosives as defined in Section 12000 of the Health and Safety
3Code, devices defined in Section 16250, 16530, or 16640 of the
4Penal Code, in subdivisions (a) to (d),
inclusive, of Section 16520
5of the Penal Code, or in subdivision (a) of Section 16840 of the
6Penal Code, machineguns as defined in Section 16880 of the Penal
7Code, short-barreled shotguns or short-barreled rifles as defined
8in Sections 17170 and 17180 of the Penal Code, assault weapons
9as defined in Section 30510 of the Penal Code, and destructive
10devices as defined in Section 16460 of the Penal Code, or to
11determine the eligibility of a person to acquire, carry, or possess
12a firearm, explosive, or destructive device by a person who is
13subject to a criminal investigation, a part of which involves the
14acquisition, carrying, or possession of a firearm by that person.
15These records shall not be furnished or made available to any
16person unless the department determines that disclosure of any
17information in the records is necessary to carry out its duties with
18respect to applications for permits for, or to carry, or the possession,
19purchase, or transfer of, explosives, destructive devices, devices
20as defined in
Section 16250, 16530, or 16640 of the Penal Code,
21in subdivisions (a) to (d), inclusive, of Section 16520 of the Penal
22Code, or in subdivision (a) of Section 16840 of the Penal Code,
23short-barreled shotguns, short-barreled rifles, assault weapons,
24and machineguns, or to determine the eligibility of a person to
25acquire, carry, or possess a firearm, explosive, or destructive device
26by a person who is subject to a criminal investigation, a part of
27which involves the acquisition, carrying, or possession of a firearm
28by that person.
No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
31the only costs that may be incurred by a local agency or school
32district will be incurred because this act creates a new crime or
33infraction, eliminates a crime or infraction, or changes the penalty
34for a crime or infraction, within the meaning of Section 17556 of
35the Government Code, or changes the definition of a crime within
36the meaning of Section 6 of Article XIII B of the California
37Constitution.
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