Amended in Assembly April 25, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1084

Introduced by Assembly Member Melendez

(Coauthors: Assembly Members Achadjian, Bigelow, Conway, Beth Gaines, Gorell, Hagman, Harkey, Linder, and Morrell)

(Coauthor: Senator Gaines)

February 22, 2013

An act to amend Sections 626.9, 626.95, begin delete 3000.08, 3451, end delete 25400, 25850, 27590, 29800, 29805, 29900, and 29905 of the Penal Code, and to amend Sections 8100, 8101, 8103, and 8104 of the Welfare and Institutions Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 1084, as amended, 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.

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(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.

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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.

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(6)

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begin insert (5) end insert  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.

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(7)

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begin insert (6) end insert  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.

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(8)

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begin insert (7) end insert  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.

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(9)

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begin insert (8) end insert  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.

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(10)

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begin insert (9) end insert  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.

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(11)

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begin insert (10) end insert  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.

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(12)

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begin insert (11) end insert  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.

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(13)

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begin insert (12) end insert  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.

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(14)

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begin insert (13) end insert  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.

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(15)

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begin insert (14) end insert  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.

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(16)

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begin insert (15) end insert  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.

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(17)

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begin insert (16) end insert  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 626.9 of the Penal Code is amended to
read:

626.9.  

(a) This section shall be known, and may be cited, as
the Gun-Free School Zone Act of 1995.

(b) Any person who possesses a firearm in a place that the
person knows, or reasonably should know, is a school zone, as
defined in paragraph (1) of subdivision (e), unless it is with the
written permission of the school district superintendent, his or her
designee, or equivalent school authority, shall be punished as
specified in subdivision (f).

(c) Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:

(1) Within a place of residence or place of business or on private
property, if the place of residence, place of business, or private
property is not part of the school grounds and the possession of
the firearm is otherwise lawful.

(2) When the firearm is an unloaded pistol, revolver, or other
firearm capable of being concealed on the person and is in a locked
container or within the locked trunk of a motor vehicle.

This section does not prohibit or limit the otherwise lawful
transportation of any other firearm, other than a pistol, revolver,
or other firearm capable of being concealed on the person, in
accordance with state law.

(3) When the person possessing the firearm reasonably believes
that he or she is in grave danger because of circumstances forming
the basis of a current restraining order issued by a court against
another person or persons who has or have been found to pose a
threat to his or her life or safety. This subdivision may not apply
when the circumstances involve a mutual restraining order issued
pursuant to Division 10 (commencing with Section 6200) of the
Family Code absent a factual finding of a specific threat to the
person’s life or safety. Upon a trial for violating subdivision (b),
the trier of a fact shall determine whether the defendant was acting
out of a reasonable belief that he or she was in grave danger.

(4) When the person is exempt from the prohibition against
carrying a concealed firearm pursuant to Section 25615, 25625,
25630, or 25645.

(d) Except as provided in subdivision (b), it shall be unlawful
for any person, with reckless disregard for the safety of another,
to discharge, or attempt to discharge, a firearm in a school zone,
as defined in paragraph (1) of subdivision (e).

The prohibition contained in this subdivision does not apply to
the discharge of a firearm to the extent that the conditions of
paragraph (1) of subdivision (c) are satisfied.

(e) As used in this section, the following definitions shall apply:

(1) “School zone” means an area in, or on the grounds of, a
public or private school providing instruction in kindergarten or
grades 1 to 12, inclusive, or within a distance of 1,000 feet from
the grounds of the public or private school.

(2) “Firearm” has the same meaning as that term is given in
subdivisions (a) to (d), inclusive, of Section 16520.

(3) “Locked container” has the same meaning as that term is
given in Section 16850.

(4) “Concealed firearm” has the same meaning as that term is
given in Sections 25400 and 25610.

(f) (1) (A) Except as provided in subparagraph (B), any person
who violates subdivision (b) by possessing a firearm in, or on the
grounds of, a public or private school providing instruction in
kindergarten or grades 1 to 12, inclusive, shall be punished by
imprisonment in the state prison for two, three, or five years.

(B) Any person who violates subdivision (b) by possessing a
firearm in, or on the grounds of, a public or private school
providing instruction in kindergarten or grades 1 to 12, inclusive,
if the person is within a class of persons prohibited from possessing
or acquiring a firearm pursuant to Chapter 2 (commencing with
Section 29800) or Chapter 3 (commencing with Section 29900)
of Division 9 of Title 4 of Part 6 of this code or Section 8100 or
8103 of the Welfare and Institutions Code, shall be punished by
imprisonment in the state prison for four, five, or six years.

(2) Any person who violates subdivision (b) 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, shall be punished as follows:

(A) By imprisonment in the state prison for two, three, or five
years, if any of the following circumstances apply:

(i) If the person previously has been convicted of any felony,
or of any crime made punishable by any provision listed in Section
16580.

(ii) If the firearm is any pistol, revolver, or other firearm capable
of being concealed upon the person and the offense is punished as
a felony pursuant to Section 25400.

(B) By imprisonment in the state prison for three, four, or five
years, if the person is within a class of persons prohibited from
possessing or acquiring a firearm pursuant to Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with
Section 29900) of Division 9 of Title 4 of Part 6 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code.

(C) By imprisonment in a county jail for not more than one year
or by imprisonment in the state prison for two, three, or five years,
in all cases other than those specified in subparagraph (A).

(3) Any person who violates subdivision (d) shall be punished
by imprisonment in the state prison for three, five, or seven years.

(g) (1) Every person convicted under this section for a
misdemeanor violation of subdivision (b) who has been convicted
previously of a misdemeanor offense enumerated in Section 23515
shall be punished by imprisonment in a county jail for not less
than three months, or if probation is granted or if the execution or
imposition of sentence is suspended, it shall be a condition thereof
that he or she be imprisoned in a county jail for not less than three
months.

(2) Every person convicted under this section of a felony
violation of subdivision (b) or (d) who has been convicted
previously of a misdemeanor offense enumerated in Section 23515,
if probation is granted or if the execution of sentence is suspended,
it shall be a condition thereof that he or she be imprisoned in a
county jail for not less than three months.

(3) Every person convicted under this section for a felony
violation of subdivision (b) or (d) who has been convicted
previously of any felony, or of any crime made punishable by any
provision listed in Section 16580, if probation is granted or if the
execution or imposition of sentence is suspended, it shall be a
condition thereof that he or she be imprisoned in a county jail for
not less than three months.

(4) The court shall apply the three-month minimum sentence
specified in this subdivision, except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the execution or imposition of sentence without the
minimum imprisonment required in this subdivision or by granting
probation or suspending the execution or imposition of sentence
with conditions other than those set forth in this subdivision, in
which case the court shall specify on the record and shall enter on
the minutes the circumstances indicating that the interests of justice
would best be served by this disposition.

(h) (1) Notwithstanding Section 25605, any person who brings
or possesses a loaded firearm upon the grounds of a campus of, or
buildings owned or operated for student housing, teaching,
research, or administration by, a public or private university or
college, that are contiguous or are clearly marked university
property, unless it is with the written permission of the university
or college president, his or her designee, or equivalent university
or college authority, shall be punished by imprisonment in the state
prison for two, three, or four years. Notwithstanding subdivision
(k), a university or college shall post a prominent notice at primary
entrances on noncontiguous property stating that firearms are
prohibited on that property pursuant to this subdivision.

(2) Notwithstanding Section 25605, any person who brings or
possesses a loaded firearm upon the grounds of a campus of, or
buildings owned or operated for student housing, teaching,
research, or administration by, a public or private university or
college, that are contiguous or are clearly marked university
property, unless it is with the written permission of the university
or college president, his or her designee, or equivalent university
or college authority, if the person is within a class of persons
prohibited from possessing or acquiring a firearm pursuant to
Chapter 2 (commencing with Section 29800) or Chapter 3
(commencing with Section 29900) of Division 9 of Title 4 of Part
6 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code, shall be punished by imprisonment in the state
prison for three, four, or five years.

(i) (1) Notwithstanding Section 25605, any person who brings
or possesses a firearm upon the grounds of a campus of, or
buildings owned or operated for student housing, teaching,
research, or administration by, a public or private university or
college, that are contiguous or are clearly marked university
property, unless it is with the written permission of the university
or college president, his or her designee, or equivalent university
or college authority, shall be punished by imprisonment in the state
prison for 16 months or, two or three years. Notwithstanding
subdivision (k), a university or college shall post a prominent
notice at primary entrances on noncontiguous property stating that
firearms are prohibited on that property pursuant to this
subdivision.

(2) Notwithstanding Section 25605, any person who brings or
possesses a firearm upon the grounds of a campus of, or buildings
owned or operated for student housing, teaching, research, or
administration by, a public or private university or college, that
are contiguous or are clearly marked university property, unless
it is with the written permission of the university or college
president, his or her designee, or equivalent university or college
authority, if the person is within a class of persons prohibited from
possessing or acquiring a firearm pursuant to Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with
Section 29900) of Division 9 of Title 4 of Part 6 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code, shall
be punished by imprisonment in the state prison for two, three, or
four years.

(j) For purposes of this section, a firearm shall be deemed to be
loaded when there is an unexpended cartridge or shell, consisting
of a case that holds a charge of powder and a bullet or shot, in, or
attached in any manner to, the firearm, including, but not limited
to, in the firing chamber, magazine, or clip thereof attached to the
firearm. A muzzle-loader firearm shall be deemed to be loaded
when it is capped or primed and has a powder charge and ball or
shot in the barrel or cylinder.

(k) This section does not require that notice be posted regarding
the proscribed conduct.

(l) This section does not apply to a duly appointed peace officer
as defined in Chapter 4.5 (commencing with Section 830) of Title
3 of Part 2, a full-time paid peace officer of another state or the
federal government who is carrying out official duties while in
California, any person summoned by any of these officers to assist
in making arrests or preserving the peace while he or she is actually
engaged in assisting the officer, a member of the military forces
of this state or of the United States who is engaged in the
performance of his or her duties, a person holding a valid license
to carry the firearm pursuant to Chapter 4 (commencing with
Section 26150) of Division 5 of Title 4 of Part 6, or an armored
vehicle guard, engaged in the performance of his or her duties, as
defined in subdivision (e) of Section 7521 of the Business and
Professions Code.

(m) This section does not apply to a security guard authorized
to carry a loaded firearm pursuant to Article 4 (commencing with
Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6.

(n) This section does not apply to an existing shooting range at
a public or private school or university or college campus.

(o) This section does not apply to an honorably retired peace
officer authorized to carry a concealed or loaded firearm pursuant
to any of the following:

(1) Article 2 (commencing with Section 25450) of Chapter 2
of Division 5 of Title 4 of Part 6.

(2) Section 25650.

(3) Sections 25900 to 25910, inclusive.

(4) Section 26020.

(p) (1) Every person convicted pursuant to subparagraph (B)
of paragraph (1) of subdivision (f), and every person convicted
under subparagraph (B) of paragraph (2) of subdivision (f), if
probation is granted or the execution or imposition of sentence is
suspended, shall be required, as a condition thereof, to be
imprisoned in a county jail for not less than nine months.

(2) The court shall apply the nine-month minimum sentence
specified in this subdivision, except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the execution or imposition of sentence without
imposing the minimum imprisonment required in this subdivision
or by granting probation or suspending the execution or imposition
of sentence with different conditions, in which case the court shall
specify on the record and shall enter on the minutes the
circumstances indicating that the interests of justice would best be
served by this disposition.

(q) (1) Every person convicted pursuant to paragraph (2) of
subdivision (h), if probation is granted or the execution or
imposition of sentence is suspended, shall be required, as a
condition thereof, to be imprisoned in a county jail for not less
than six months.

(2) The court shall apply the six-month minimum sentence
specified in this subdivision, except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the execution or imposition of sentence without the
minimum imprisonment required in this subdivision or by granting
probation or suspending the execution or imposition of sentence
with different conditions, in which case the court shall specify on
the record and shall enter on the minutes the circumstances
indicating that the interests of justice would best be served by this
disposition.

(r) (1) Every person convicted pursuant to paragraph (2) of
subdivision (i), if probation is granted or if the execution or
imposition of sentence is suspended, shall be required, as a
condition thereof, to be imprisoned in a county jail for not less
than three months.

(2) The court shall apply the three-month minimum sentence
specified in this subdivision, except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the execution or imposition of sentence without the
minimum imprisonment required in this subdivision or by granting
probation or suspending the execution or imposition of sentence
with different conditions, in which case the court shall specify on
the record and shall enter on the minutes the circumstances
indicating that the interests of justice would best be served by this
disposition.

SEC. 2.  

Section 626.95 of the Penal Code is amended to read:

626.95.  

(a) (1) Any person who is in violation of paragraph
(2) of subdivision (a), or subdivision (b), of Section 417, or 25400
or 25850, upon the grounds of or within a playground, or a public
or private youth center during hours in which the facility is open
for business, classes, or school-related programs, or at any time
when minors are using the facility, knowing that he or she is on
or within those grounds, shall be punished by imprisonment in the
state prison for 16 months or, two or three years, or in a county
jail not exceeding one year.

(2) Any person who is in violation of paragraph (2) of
subdivision (a), or subdivision (b), of Section 417, or Section 25400
or 25850, upon the grounds of or within a playground, or a public
or private youth center during hours in which the facility is open
for business, classes, or school-related programs, or at any time
when minors are using the facility, knowing that he or she is on
or within those grounds, if the person is within a class of persons
prohibited from possessing or acquiring a firearm pursuant to
Chapter 2 (commencing with Section 29800) or Chapter 3
(commencing with Section 29900) of Division 9 of Title 4 of Part
6 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code, shall be punished by imprisonment in the state
prison for two, three, or four years.

(b) State and local authorities are encouraged to cause signs to
be posted around playgrounds and youth centers giving warning
of prohibition of the possession of firearms upon the grounds of
or within playgrounds or youth centers.

(c) For purposes of this section, the following definitions shall
apply:

(1) “Playground” means any park or recreational area
specifically designed to be used by children that has play equipment
installed, including public grounds designed for athletic activities
such as baseball, football, soccer, or basketball, or any similar
facility located on public or private school grounds, or on city or
county parks.

(2) “Youth center” means any public or private facility that is
used to host recreational or social activities for minors while minors
are present.

(d) It is the Legislature’s intent that only an actual conviction
of a felony of one of the offenses specified in this section would
subject the person to firearms disabilities under the federal Gun
Control Act of 1968 (P.L. 90-618; 18 U.S.C. Sec. 921).

(e) (1) Every person convicted pursuant to paragraph (2) of
subdivision (a), if probation is granted or the execution or
imposition of sentence is suspended, shall be required, as a
condition thereof, to be imprisoned in a county jail for not less
than six months.

(2) The court shall apply the six-month minimum sentence
specified in this subdivision, except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the execution or imposition of sentence without the
minimum imprisonment required in this subdivision or by granting
probation or suspending the execution or imposition of sentence
with different conditions, in which case the court shall specify on
the record and shall enter on the minutes the circumstances
indicating that the interests of justice would best be served by this
disposition.

begin delete

SEC. 3.  

Section 3000.08 of the Penal Code, as amended by
Section 35 of Chapter 43 of the Statutes of 2012, is amended to
read:

3000.08.  

(a) A person released from state prison prior to, or
on or after, July 1, 2013, after serving a prison term or, whose
sentence has been deemed served pursuant to Section 2900.5, for
any of the following crimes is subject to parole supervision by the
Department of Corrections and Rehabilitation and the jurisdiction
of the court in the county in which the parolee is released or resides
for the purpose of hearing petitions to revoke parole and impose
a term of custody:

(1) A serious felony as described in subdivision (c) of Section
1192.7.

(2) A violent felony as described in subdivision (c) of Section
667.5.

(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
of subdivision (c) of Section 1170.12.

(4) Any crime for which the person is classified as a High Risk
Sex Offender.

(5) Any crime for which the person is required, as a condition
of parole, to undergo treatment by the State Department of State
Hospitals pursuant to Section 2962.

(b) A person released from state prison on or after January 1,
2014, after serving a prison term, or whose sentence has been
deemed served pursuant to Section 2900.5, to which any of the
following apply, is subject to the jurisdiction of, and parole
supervision by, the Department of Corrections and Rehabilitation:

(1) The person has a current or prior felony conviction for any
offense included in Part 6 (commencing with Section 16000).

(2) The person has a current or prior conviction for a violation
of Section 245, except that this subdivision does not apply to a
violation of paragraph (4) of subdivision (a) of Section 245 as
amended by Section 1 of Chapter 183 of the Statutes of 2011.

(3) The person has a prior conviction of a serious felony
described in subdivision (c) of Section 1192.7 involving the use
of a deadly or dangerous weapon or firearm.

(4) The person has a prior conviction of a violent felony
described in subdivision (c) of Section 667.5 involving the use of
a deadly or dangerous weapon or firearm.

(5) The person has a current or prior conviction for an offense
where the person used a firearm as specified in Section 12021.5,
12022, or 12022.2.

(6) The person has a current or prior conviction for any homicide
offense, including any attempted homicide offense, defined in
Sections 187 to 191.5, inclusive.

(7) The person has a current or prior felony conviction of Section
626.9 or 626.95.

(c) Notwithstanding any other law, all other offenders released
from prison shall be placed on postrelease supervision pursuant
to Title 2.05 (commencing with Section 3450).

(d) At any time during the period of parole of a person subject
to this section, if any parole agent or peace officer has probable
cause to believe that the parolee is violating any term or condition
of his or her parole, the agent or officer may, without warrant or
other process and at any time until the final disposition of the case,
arrest the person and bring him or her before the court, or the court
may, in its discretion, issue a warrant for that person’s arrest
pursuant to Section 1203.2.

(e) Upon review of the alleged violation and a finding of good
cause that the parolee has committed a violation of law or violated
his or her conditions of parole, the supervising parole agency may
impose additional and appropriate conditions of supervision,
including rehabilitation and treatment services and appropriate
incentives for compliance, and impose immediate, structured, and
intermediate sanctions for parole violations, including flash
incarceration in a county jail. Periods of “flash incarceration,” as
defined in subdivision (e) are encouraged as one method of
punishment for violations of a parolee’s conditions of parole. This
section does not preclude referrals to a reentry court pursuant to
Section 3015.

(f) “Flash incarceration” is a period of detention in county jail
due to a violation of a parolee’s conditions of parole. The length
of the detention period can range between one and 10 consecutive
days. Shorter, but if necessary more frequent, periods of detention
for violations of a parolee’s conditions of parole shall appropriately
punish a parolee while preventing the disruption in a work or home
establishment that typically arises from longer periods of detention.

(g) If the supervising parole agency has determined, following
application of its assessment processes, that intermediate sanctions
up to and including flash incarceration are not appropriate, the
supervising parole agency shall, pursuant to Section 1203.2,
petition the court in the county in which the parolee is being
supervised to revoke parole. At any point during the process
initiated pursuant to this section, a parolee may waive, in writing,
his or her right to counsel, admit the parole violation, waive a court
hearing, and accept the proposed parole modification or revocation.
The petition shall include a written report that contains additional
information regarding the petition, including the relevant terms
and conditions of parole, the circumstances of the alleged
underlying violation, the history and background of the parolee,
and any recommendations. The Judicial Council shall adopt forms
and rules of court to establish uniform statewide procedures to
implement this subdivision, including the minimum contents of
supervision agency reports. Upon a finding that the person has
violated the conditions of parole, the court shall have authority to
do any of the following:

(1) Return the person to parole supervision with modifications
of conditions, if appropriate, including a period of incarceration
in county jail.

(2) Revoke parole and order the person to confinement in the
county jail.

(3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court’s discretion.

(h) Confinement pursuant to paragraphs (1) and (2) of
subdivision (g) shall not exceed a period of 180 days in the county
jail.

(i) Notwithstanding any other law, if Section 3000.1 or
paragraph (4) of subdivision (b) of Section 3000 applies to a person
who is on parole and the court determines that the person has
committed a violation of law or violated his or her conditions of
parole, the person on parole shall be remanded to the custody of
the Department of Corrections and Rehabilitation and the
jurisdiction of the Board of Parole Hearings for the purpose of
future parole consideration.

(j) Notwithstanding subdivision (a), any of the following persons
released from state prison shall be subject to the jurisdiction of,
and parole supervision by, the Department of Corrections and
Rehabilitation for a period of parole up to three years or the parole
term the person was subject to at the time of the commission of
the offense, whichever is greater:

(1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
1, and was subject to a period of parole exceeding three years at
the time he or she committed a felony for which they were
convicted and subsequently sentenced to state prison.

(2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted
in a conviction and state prison sentence.

(k) Parolees subject to this section who have a pending
adjudication for a parole violation on July 1, 2013, are subject to
the jurisdiction of the Board of Parole Hearings. Parole revocation
proceedings conducted by the Board of Parole Hearings prior to
July 1, 2013, if reopened on or after July 1, 2013, are subject to
the jurisdiction of the Board of Parole Hearings.

(l) Except as described in subdivision (d), any person who is
convicted of a felony that requires community supervision and
who still has a period of state parole to serve shall discharge from
state parole at the time of release to community supervision.

(m) This section shall become operative on July 1, 2013.

SEC. 4.  

Section 3451 of the Penal Code is amended to read:

3451.  

(a) Notwithstanding any other law and except for persons
serving a prison term for any crime described in subdivision (b),
all persons released from prison on and after October 1, 2011, or,
whose sentence has been deemed served pursuant to Section 2900.5
after serving a prison term for a felony shall, upon release from
prison and for a period not exceeding three years immediately
following release, be subject to community supervision provided
by a county agency designated by each county’s board of
supervisors which is consistent with evidence-based practices,
including, but not limited to, supervision policies, procedures,
programs, and practices demonstrated by scientific research to
reduce recidivism among individuals under postrelease supervision.

(b) This section shall not apply to any person released from
prison after having served a prison term for any of the following:

(1) A serious felony described in subdivision (c) of Section
1192.7.

(2) A violent felony described in subdivision (c) of Section
667.5.

(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
of subdivision (c) of Section 1170.12.

(4) Any crime where the person eligible for release from prison
is classified as a High Risk Sex Offender.

(5) Any crime where the person is required, as a condition of
parole, to undergo treatment by the State Department of State
Hospitals pursuant to Section 2962.

(c) This section shall not apply to any person released from
prison specified in subdivision (b) of Section 3000.08.

(d) (1) Postrelease supervision under this title shall be
implemented by a county agency according to a postrelease strategy
designated by each county’s board of supervisors.

(2) The Department of Corrections and Rehabilitation shall
inform every prisoner subject to the provisions of this title, upon
release from state prison, of the requirements of this title and of
his or her responsibility to report to the county agency responsible
for serving that inmate. The department shall also inform persons
serving a term of parole for a felony offense who are subject to
this section of the requirements of this title and of his or her
responsibility to report to the county agency responsible for serving
that parolee. Thirty days prior to the release of any person subject
to postrelease supervision by a county, the department shall notify
the county of all information that would otherwise be required for
parolees under subdivision (e) of Section 3003.

end delete

begin delete SEC. 5. end delete
begin insert SEC. 3. end insert   

Section 25400 of the Penal Code is amended to read:

25400.  

(a) A person is guilty of carrying a concealed firearm
when the person does any of the following:

(1) Carries concealed within any vehicle that is under the
person’s control or direction any pistol, revolver, or other firearm
capable of being concealed upon the person.

(2) Carries concealed upon the person any pistol, revolver, or
other firearm capable of being concealed upon the person.

(3) Causes to be carried concealed within any vehicle in which
the person is an occupant any pistol, revolver, or other firearm
capable of being concealed upon the person.

(b) A firearm carried openly in a belt holster is not concealed
within the meaning of this section.

(c) Carrying a concealed firearm in violation of this section is
punishable as follows:

(1) If the person previously has been convicted of any felony,
or of any crime made punishable by a provision listed in Section
16580, as a felony, punishable in state prison for two, three, or
four years.

(2) If the firearm is stolen and the person knew or had reasonable
cause to believe that it was stolen, as a felony.

(3) If the person is an active participant in a criminal street gang,
as defined in subdivision (a) of Section 186.22, under the Street
Terrorism Enforcement and Prevention Act (Chapter 11
(commencing with Section 186.20) of Title 7 of Part 1), as a felony.

(4) If the person is not in lawful possession of the firearm or
the person is within a class of persons prohibited from possessing
or acquiring a firearm pursuant to Chapter 2 (commencing with
Section 29800) or Chapter 3 (commencing with Section 29900)
of Division 9 of this title, or Section 8100 or 8103 of the Welfare
and Institutions Code, as a felony.

(5) If the person has been convicted of a crime against a person
or property, or of a narcotics or dangerous drug violation, by
imprisonment pursuant to subdivision (h) of Section 1170, or by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed one thousand dollars ($1,000), or by both that
imprisonment and fine.

(6) If both of the following conditions are met, by imprisonment
pursuant to subdivision (h) of Section 1170, or by imprisonment
in a county jail not to exceed one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment:

(A) The pistol, revolver, or other firearm capable of being
concealed upon the person is loaded, or both it and the unexpended
ammunition capable of being discharged from it are in the
immediate possession of the person or readily accessible to that
person.

(B) The person is not listed with the Department of Justice
pursuant to paragraph (1) of subdivision (c) of Section 11106 as
the registered owner of that pistol, revolver, or other firearm
capable of being concealed upon the person.

(7) If the person has been convicted of any felony enumerated
in Section 29905, as a felony, punishable by imprisonment in the
state prison for three, four, or five years.

(8) In all cases other than those specified in paragraphs (1) to
(6), inclusive, by imprisonment in a county jail not to exceed one
year, by a fine not to exceed one thousand dollars ($1,000), or by
both that imprisonment and fine.

(d) (1) Every person convicted under this section who
previously has been convicted of a misdemeanor offense
enumerated in Section 23515 shall be punished by imprisonment
in a county jail for at least three months and not exceeding six
months, or, if granted probation, or if the execution or imposition
of sentence is suspended, it shall be a condition thereof that the
person be imprisoned in a county jail for at least three months.

(2) Every person convicted under this section who has
previously been convicted of any felony, or of any crime made
punishable by a provision listed in Section 16580, if probation is
granted, or if the execution or imposition of sentence is suspended,
it shall be a condition thereof that the person be imprisoned in a
county jail for not less than six months.

(3) Every person convicted under this section who has
previously been convicted of any felony enumerated in Section
29905, if probation is granted, or if the execution or imposition of
sentence is suspended, it shall be a condition thereof that the person
be imprisoned in a county jail for not less than nine months.

(e) The court shall apply the minimum sentence as specified in
subdivision (d), except in unusual cases where the interests of
justice would best be served by granting probation or suspending
the imposition or execution of sentence without the minimum
imprisonment required in subdivision (d) or by granting probation
or suspending the imposition or execution of sentence with
conditions other than those set forth in subdivision (d), in which
case, the court shall specify on the record and shall enter on the
minutes the circumstances indicating that the interests of justice
would best be served by that disposition.

(f) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (c) if the peace officer has probable
cause to believe that the person is not listed with the Department
of Justice pursuant to paragraph (1) of subdivision (c) of Section
11106 as the registered owner of the pistol, revolver, or other
firearm capable of being concealed upon the person, and one or
more of the conditions in subparagraph (A) of paragraph (6) of
subdivision (c) is met.

begin delete SEC. 6. end delete
begin insert SEC. 4. end insert   

Section 25850 of the Penal Code is amended to read:

25850.  

(a) 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 unincorporated territory.

(b) In order to determine whether or not a firearm is loaded for
the purpose of enforcing this section, peace officers are authorized
to examine any firearm carried by anyone on the person or in a
vehicle while in any public place or on any public street in an
incorporated city or prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to
this section constitutes probable cause for arrest for violation of
this section.

(c) Carrying a loaded firearm in violation of this section is
punishable, as follows:

(1) Where the person previously has been convicted of any
felony, or of any crime made punishable by a provision listed in
Section 16580, as a felony, punishable by imprisonment in the
state prison for two, three, or four years.

(2) Where the firearm is stolen and the person knew or had
reasonable cause to believe that it was stolen, as a felony.

(3) Where the person is an active participant in a criminal street
gang, as defined in subdivision (a) of Section 186.22, under the
Street Terrorism Enforcement and Prevention Act (Chapter 11
(commencing with Section 186.20) of Title 7 of Part 1), as a felony.

(4) Where the person is not in lawful possession of the firearm,
or is within a class of persons prohibited from possessing or
acquiring a firearm pursuant to Chapter 2 (commencing with
Section 29800) or Chapter 3 (commencing with Section 29900)
of Division 9 of this title, or Section 8100 or 8103 of the Welfare
and Institutions Code, as a felony.

(5) Where the person has been convicted of a crime against a
person or property, or of a narcotics or dangerous drug violation,
by imprisonment pursuant to subdivision (h) of Section 1170, or
by imprisonment in a county jail not to exceed one year, by a fine
not to exceed one thousand dollars ($1,000), or by both that
imprisonment and fine.

(6) Where the person is not listed with the Department of Justice
pursuant to Section 11106 as the registered owner of the handgun,
by imprisonment pursuant to subdivision (h) of Section 1170, or
by imprisonment in a county jail not to exceed one year, or by a
fine not to exceed one thousand dollars ($1,000), or begin insert by end insert both that
fine and imprisonment.

(7)  If the person has been convicted of any felony enumerated
in Section 29905, as a felony, punishable by imprisonment in the
state prison for three, four, or five years.

(8) In all cases other than those specified in paragraphs (1) to
(6), inclusive, as a misdemeanor, punishable by imprisonment in
a county jail not to exceed one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that imprisonment and fine.

(d) (1) Every person convicted under this section who has
previously been convicted of an offense enumerated in Section
23515, or of any crime made punishable under a provision listed
in Section 16580, shall serve a term of at least three months in a
county jail, or, if granted probation or if the execution or imposition
of sentence is suspended, it shall be a condition thereof that the
person be imprisoned for a period of at least three months.

(2) Except as provided in paragraph (1), every person convicted
under this section who has previously been convicted of any felony,
if probation is granted, or if the execution or imposition of sentence
is suspended, it shall be a condition thereof that the person be
imprisoned in a county jail for not less than six months.

(3) Except as provided in paragraph (1), and notwithstanding
paragraph (2), every person convicted under this section who has
previously been convicted of any felony enumerated in Section
29905, if probation is granted, or if the execution or imposition of
sentence is suspended, it shall be a condition thereof that the person
be imprisoned in a county jail for not less than nine months.

(4) The court shall apply the minimum sentence specified in
this subdivision except in unusual cases where the interests of
justice would best be served by granting probation or suspending
the imposition or execution of sentence without the minimum
imprisonment required in this section or by granting probation or
suspending the imposition or execution of sentence with conditions
other than those set forth in this section, in which case, the court
shall specify on the record and shall enter on the minutes the
circumstances indicating that the interests of justice would best be
served by that disposition.

(e) A violation of this section that is punished by imprisonment
in a county jail not exceeding one year shall not constitute a
conviction of a crime punishable by imprisonment for a term
exceeding one year for the purposes of determining federal firearms
eligibility under Section 922(g)(1) of Title 18 of the United States
Code.

(f) Nothing in this section, or in Article 3 (commencing with
Section 25900) or Article 4 (commencing with Section 26000),
shall preclude prosecution under Chapter 2 (commencing with
Section 29800) or Chapter 3 (commencing with Section 29900)
of Division 9 of this title, Section 8100 or 8103 of the Welfare and
Institutions Code, or any other law with a greater penalty than this
section.

(g) Notwithstanding paragraphs (2) and (3) of subdivision (a)
of Section 836, a peace officer may make an arrest without a
warrant:

(1) When the person arrested has violated this section, although
not in the officer’s presence.

(2) Whenever the officer has reasonable cause to believe that
the person to be arrested has violated this section, whether or not
this section has, in fact, been violated.

(h) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (c), if the peace officer has probable
cause to believe that the person is carrying a handgun in violation
of this section and that person is not listed with the Department of
Justice pursuant to paragraph (1) of subdivision (c) of Section
11106 as the registered owner of that handgun.

begin delete SEC. 7. end delete
begin insert SEC. 5. end insert   

Section 27590 of the Penal Code is amended to read:

27590.  

(a) Except as provided in subdivision (b), (c), or (e),
a violation of this article is a misdemeanor.

(b) If any of the following circumstances apply, a violation of
this article is punishable by imprisonment in the state prison for
two, three, or four years.

(1) If the violation is of Section 27500.

(2) If the defendant has a prior conviction of violating the
provisions, other than Section 27535, Section 27560 involving a
firearm that is not a handgun, or Section 27565 involving a firearm
that is not a handgun, of this article or former Section 12100 of
this code, as Section 12100 read at any time from when it was
enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to
when it was repealed by Section 18 of Chapter 23 of the Statutes
of 1994, or Section 8101 of the Welfare and Institutions Code.

(3) If the defendant has a prior conviction of violating any
offense specified in Section 29905 or of a violation of Section
32625 or 33410, or of former Section 12560, as that section read
at any time from when it was enacted by Section 4 of Chapter 931
of the Statutes of 1965 to when it was repealed by Section 14 of
Chapter 9 of the Statutes of 1990, or of any provision listed in
Section 16590.

(4) If the defendant is in a prohibited class described in Chapter
2 (commencing with Section 29800) or Chapter 3 (commencing
with Section 29900) of Division 9 of this title, or Section 8100 or
8103 of the Welfare and Institutions Code.

(5) A violation of this article by a person who actively
participates in a “criminal street gang” as defined in Section 186.22.

(6) A violation of Section 27510 involving the delivery of any
firearm to a person who the dealer knows, or should know, is a
minor.

(c) If any of the following circumstances apply, a violation of
this article shall be punished by imprisonment in a county jail not
exceeding one year or in the state prison for 16 months, or two or
three years, or by a fine not to exceed one thousand dollars
($1,000), or by both that fine and imprisonment.

(1) A violation of Section 27505 involving the sale, loan, or
transfer of a handgun to a minor.

(2) A violation of Section 27510 involving the delivery of a
handgun.

(3) A violation of subdivision (a), (c), (d), (e), or (f) of Section
27540 involving a handgun.

(4) A violation of Section 27545 involving a handgun.

(5) A violation of Section 27550.

(d) If both of the following circumstances apply, an additional
term of imprisonment in the state prison for 16 months or, two or
three years shall be imposed in addition and consecutive to the
sentence prescribed.

(1) A violation of Section 27510 or Section 27500.

(2) The firearm transferred in violation of Section 27510 or
subdivision (b) of Section 27500 is used in the subsequent
commission of a felony for which a conviction is obtained and the
prescribed sentence is imposed.

(e) (1) A first violation of Section 27535 is an infraction
punishable by a fine of fifty dollars ($50).

(2) A second violation of Section 27535 is an infraction
punishable by a fine of one hundred dollars ($100).

(3) A third or subsequent violation of Section 27535 is a
misdemeanor.

(4) For purposes of this subdivision each application to purchase
a handgun in violation of Section 27535 shall be deemed a separate
offense.

(f) (1) Under the circumstances specified in paragraphs (1),
(4), and (5) of subdivision (b), if probation is granted, or if the
imposition or execution of sentence is suspended, it shall be a
condition thereof that the person be imprisoned in a county jail begin insert for end insert
not less than six months.

(2) The court shall apply the minimum sentence specified in
this subdivision except in unusual cases where the interests of
justice would best be served by granting probation or suspending
the imposition or execution of sentence without the minimum
imprisonment required in this section or by granting probation or
suspending the imposition or execution of sentence with conditions
other than those set forth in this subdivision, in which case, the
court shall specify on the record and shall enter on the minutes the
circumstances indicating that the interests of justice would best be
served by that disposition.

(g) If any of the following circumstances apply, a violation of
this article shall be punished by imprisonment in the state prison
for 16 months, or two or three years.

(1) A violation of Section 27515.

(2) A violation of Section 27520.

begin delete SEC. 8. end delete
begin insert SEC. 6. end insert   

Section 29800 of the Penal Code is amended to read:

29800.  

(a) (1) Any person who has been convicted of a felony
under the laws of the United States, the State of California, or any
other state, government, or country, or of an offense enumerated
in subdivision (a), (b), or (d) of Section 23515, or who is addicted
to the use of any narcotic drug, and who owns, purchases, receives,
or has in possession or under custody or control any firearm is
guilty of a felony, punishable by imprisonment in the state prison
for two, three, or four years.

(2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in possession or under custody or
control any firearm is guilty of a felony.

(b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 23515,
when that conviction results from certification by the juvenile court
for prosecution as an adult in an adult court under Section 707 of
the Welfare and Institutions Code, and who owns or has in
possession or under custody or control any firearm is guilty of a
felony, punishable by imprisonment in state prison for two, three,
or four years.

(c) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:

(1) Conviction of a like offense under California law can only
result in imposition of felony punishment.

(2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.

(d) (1) Under the circumstances specified in paragraph (1) of
subdivision (a), and under the circumstances specified in
subdivision (b), if probation is granted, or if the imposition or
execution of sentence is suspended, it shall be a condition thereof
that the person be imprisoned in a county jail begin insert for end insert not less than six
months.

(2) The court shall apply the minimum sentence specified in
this subdivision except in unusual cases where the interests of
justice would best be served by granting probation or suspending
the imposition or execution of sentence without the minimum
imprisonment required in this section or by granting probation or
suspending the imposition or execution of sentence with conditions
other than those set forth in this subdivision, in which case, the
court shall specify on the record and shall enter on the minutes the
circumstances indicating that the interests of justice would best be
served by that disposition.

begin delete SEC. 9. end delete
begin insert SEC. 7. end insert   

Section 29805 of the Penal Code is amended to read:

29805.  

(a) Except as provided in Section 29855 or subdivision
(a) of Section 29800, any person who has been convicted of a
misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140,
subdivision (d) of Section 148, Section 171b, paragraph (1) of
subdivision (a) of Section 171c, 171d, 186.28, 240, 241, 242, 243,
243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6,
422, 626.9, 646.9, or 830.95, subdivision (a) of former Section
12100, as that section read at any time from when it was enacted
by Section 3 of Chapter 1386 of the Statutes of 1988 to when it
was repealed by Section 18 of Chapter 23 of the Statutes of 1994,
Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision
(b) or (d) of Section 26100, or Section 27510, or Section 8100,
8101, or 8103 of the Welfare and Institutions Code, any
firearm-related offense pursuant to Sections 871.5 and 1001.5 of
the Welfare and Institutions Code, or of the conduct punished in
subdivision (c) of Section 27590, and who, within 10 years of the
conviction, owns, purchases, receives, or has in possession or under
custody or control, any firearm is guilty of a public offense, which
shall be punishable by imprisonment in a county jail not exceeding
one year or in the state prison for two, three, or four years, by a
fine not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine. The court, on forms prescribed by the
Department of Justice, shall notify the department of persons
subject to this section. However, the prohibition in this section
may be reduced, eliminated, or conditioned as provided in Section
29855 or 29860.

(b) (1) For a felony violation of this section, if probation is
granted, or if the imposition or execution of sentence is suspended,
it shall be a condition thereof that the person be imprisoned in a
county jail begin insert for end insert not less than three months.

(2) The court shall apply the minimum sentence specified in
this subdivision except in unusual cases where the interests of
justice would best be served by granting probation or suspending
the imposition or execution of sentence without the minimum
imprisonment required in this section or by granting probation or
suspending the imposition or execution of sentence with conditions
other than those set forth in this subdivision, in which case, the
court shall specify on the record and shall enter on the minutes the
circumstances indicating that the interests of justice would best be
served by that disposition.

begin delete SEC. 10. end delete
begin insert SEC. 8. end insert   

Section 29900 of the Penal Code is amended to read:

29900.  

(a) (1) Notwithstanding subdivision (a) of Section
29800, any person who has been previously convicted of any of
the offenses listed in Section 29905 and who owns or has in
possession or under custody or control any firearm is guilty of a
felony, punishable by imprisonment in the state prison for three,
four, or five years.

(2) A dismissal of an accusatory pleading pursuant to Section
1203.4a involving an offense set forth in Section 29905 does not
affect the finding of a previous conviction.

(3) If probation is granted, or if the imposition or execution of
sentence is suspended, it shall be a condition of the probation or
suspension that the defendant serve at least nine months in a county
jail.

(b) (1) Any person previously convicted of any of the offenses
listed in Section 29905 which conviction results from certification
by the juvenile court for prosecution as an adult in adult court
under the provisions of Section 707 of the Welfare and Institutions
Code, who owns or has in possession or under custody or control
any firearm, is guilty of a felony, punishable by imprisonment in
the state prison for three, four, or five years.

(2) If probation is granted, or if the imposition or execution of
sentence is suspended, it shall be a condition of the probation or
suspension that the defendant serve at least nine months in a county
jail.

(c) The court shall apply the minimum sentence as specified in
subdivisions (a) and (b) except in unusual cases where the interests
of justice would best be served by granting probation or suspending
the imposition or execution of sentence without the imprisonment
required by subdivisions (a) and (b), or by granting probation or
suspending the imposition or execution of sentence with conditions
other than those set forth in subdivisions (a) and (b), in which case
the court shall specify on the record and shall enter on the minutes
the circumstances indicating that the interests of justice would best
be served by the disposition.

begin delete SEC. 11. end delete
begin insert SEC. 9. end insert   

Section 29905 of the Penal Code is amended to read:

29905.  

(a) As used in this chapter, a violent offense includes
any of the following:

(1) Murder or voluntary manslaughter.

(2) Mayhem.

(3) Rape.

(4) Sodomy by force, violence, duress, menace, or threat of
great bodily harm.

(5) Oral copulation by force, violence, duress, menace, or threat
of great bodily harm.

(6) Lewd acts on a child under the age of 14 years.

(7) Any felony punishable by death or imprisonment in the state
prison for life.

(8) Any other felony in which the defendant inflicts great bodily
injury on any person, other than an accomplice, that has been
charged and proven, or any felony in which the defendant uses a
firearm which use has been charged and proven.

(9) Attempted murder.

(10) Assault with intent to commit rape or robbery.

(11) Assault with a deadly weapon or instrument on a peace
officer.

(12) Assault by a life prisoner on a noninmate.

(13) Assault with a deadly weapon by an inmate.

(14) Arson.

(15) Exploding a destructive device or any explosive with intent
to injure.

(16) Exploding a destructive device or any explosive causing
great bodily injury.

(17) Exploding a destructive device or any explosive with intent
to murder.

(18) Robbery.

(19) Kidnapping.

(20) Taking of a hostage by an inmate of a state prison.

(21) Attempt to commit a felony punishable by death or
imprisonment in the state prison for life.

(22) Any felony in which the defendant personally used a
dangerous or deadly weapon.

(23) Escape from a state prison by use of force or violence.

(24) Assault with a deadly weapon or force likely to produce
great bodily injury.

(25) Any felony violation of Section 186.22.

(26) Any offense enumerated in subdivision (a), (b), or (d) of
Section 23515.

(27) Carjacking.

(28) Any offense enumerated in subdivision (c) of Section 23515
if the person has two or more convictions for violating paragraph
(2) of subdivision (a) of Section 417.

(29) Any felony violation of Section 245, other than a violation
of paragraph (4) of subdivision (a).

(30) Any felony violation of Section 626.9 or 626.95.

(31) Human trafficking, as defined in Section 236.1.

(32) Sexual penetration as defined in subdivision (a) or (j) of
Section 289.

(33) Rape, spousal rape, or sexual penetration, in concert, in
violation of Section 264.

(34) Continuous sexual abuse of a child, as defined in Section
288.5.

(35) Any felony violation of Section 136.1.

(36) Use of a deadly weapon to intimidate witnesses as defined
in Section 136.5.

(37) Holding a hostage by an inmate as defined in Section 4503.

(38) Any felony violation of Section 246.

(b) As used in this chapter, a violent offense also includes any
attempt to commit a crime listed in subdivision (a) other than an
assault.

(c) As used in this chapter, a violent offense includes any
conspiracy to commit a crime listed in subdivision (a).

begin delete SEC. 12. end delete
begin insert SEC. 10. end insert   

Section 8100 of the Welfare and Institutions Code is
amended to read:

8100.  

(a) A person shall not have in his or her possession or
under his or her custody or control, or purchase or receive, or
attempt to purchase or receive, any firearms whatsoever or any
other deadly weapon, if on or after January 1, 1992, he or she has
been admitted to a facility and is receiving inpatient treatment and,
in the opinion of the attending health professional who is primarily
responsible for the patient’s treatment of a mental disorder, is a
danger to self or others, as specified by Section 5150, 5250, or
5300, even though the patient has consented to that treatment. A
person is not subject to this subdivision once he or she is discharged
from the facility.

(b) (1) A person shall not have in his or her possession or under
his or her custody or control, or purchase or receive, or attempt to
purchase or receive, any firearms whatsoever or any other deadly
weapon for a period of six months whenever, on or after January
1, 1992, he or she communicates to a licensed psychotherapist, as
defined in subdivisions (a) to (e), inclusive, of Section 1010 of the
Evidence Code, a serious threat of physical violence against a
reasonably identifiable victim or victims. The six-month period
shall commence from the date that the licensed psychotherapist
reports to the local law enforcement agency the identity of the
person making the communication. The prohibition provided for
in this subdivision shall not apply unless the licensed
psychotherapist notifies a local law enforcement agency of the
threat by that person. The person, however, may own, possess,
have custody or control over, or receive or purchase any firearm
if a superior court, pursuant to paragraph (3) and upon petition of
the person, has found, by a preponderance of the evidence, that
the person is likely to use firearms or other deadly weapons in a
safe and lawful manner.

(2) Upon receipt of the report from the local law enforcement
agency pursuant to subdivision (c) of Section 8105, the Department
of Justice shall notify by certified mail, return receipt requested,
a person subject to this subdivision of the following:

(A) That he or she is prohibited from possessing, having custody
or control over, receiving, or purchasing any firearm or other
deadly weapon for a period of six months commencing from the
date that the licensed psychotherapist reports to the local law
enforcement agency the identity of the person making the
communication. The notice shall state the date when the prohibition
commences and ends.

(B) That he or she may petition a court, as provided in this
subdivision, for an order permitting the person to own, possess,
control, receive, or purchase a firearm.

(3) Any person who is subject to paragraph (1) may petition the
superior court of his or her county of residence for an order that
he or she may own, possess, have custody or control over, receive,
or purchase firearms. At the time the petition is filed, the clerk of
the court shall set a hearing date and notify the person, the
Department of Justice, and the district attorney. The people of the
State of California shall be the respondent in the proceeding and
shall be represented by the district attorney. Upon motion of the
district attorney, or upon its own motion, the superior court may
transfer the petition to the county in which the person resided at
the time of the statements, or the county in which the person made
the statements. Within seven days after receiving notice of the
petition, the Department of Justice shall file copies of the reports
described in Section 8105 with the superior court. The reports shall
be disclosed upon request to the person and to the district attorney.
The district attorney shall be entitled to a continuance of the
hearing to a date of not less than 14 days after the district attorney
is notified of the hearing date by the clerk of the court. The court,
upon motion of the petitioner establishing that confidential
information is likely to be discussed during the hearing that would
cause harm to the person, shall conduct the hearing in camera with
only the relevant parties present, unless the court finds that the
public interest would be better served by conducting the hearing
in public. Notwithstanding any other provision of law, declarations,
police reports, including criminal history information, and any
other material and relevant evidence that is not excluded under
Section 352 of the Evidence Code, shall be admissible at the
hearing under this paragraph. If the court finds by a preponderance
of the evidence that the person would be likely to use firearms in
a safe and lawful manner, the court shall order that the person may
have custody or control over, receive, possess, or purchase firearms.
A copy of the order shall be submitted to the Department of Justice.
Upon receipt of the order, the department shall delete any reference
to the prohibition against firearms from the person’s state summary
criminal history information.

(c) “Discharge,” for the purposes of this section, does not include
a leave of absence from a facility.

(d) “Attending health care professional,” as used in this section,
means the licensed health care professional primarily responsible
for the person’s treatment who is qualified to make the decision
that the person has a mental disorder and has probable cause to
believe that the person is a danger to self or others.

(e) “Deadly weapon,” as used in this section and in Sections
8101, 8102, and 8103, means any weapon, the possession or
concealed carrying of which is prohibited by any provision listed
in Section 16590 of the Penal Code.

(f) “Danger to self,” as used in subdivision (a), means a
voluntary person who has made a serious threat of, or attempted,
suicide with the use of a firearm or other deadly weapon.

(g) A violation of subdivision (a) of, or paragraph (1) of
subdivision (b) of, this section shall be a public offense, punishable
by imprisonment in the state prison for two, three, or four years.

(h) The prohibitions set forth in this section shall be in addition
to those set forth in Section 8103.

(i) Any person admitted and receiving treatment prior to January
1, 1992, shall be governed by this section, as amended by Chapter
1090 of the Statutes of 1990, until discharged from the facility.

begin delete SEC. 13. end delete
begin insert SEC. 11. end insert   

Section 8101 of the Welfare and Institutions Code is
amended to read:

8101.  

(a) Any person who shall knowingly supply, sell, give,
or allow possession or control of a deadly weapon to any person
described in Section 8100 or 8103 shall be punishable by
imprisonment in the state prison for 16 months, or two or three
years, or in a county jail for a period begin delete of end delete not exceeding one year,
by a fine begin delete of end delete not exceeding one thousand dollars ($1,000), or by
both the fine and imprisonment.

(b) Any person who shall knowingly supply, sell, give, or allow
possession or control of a firearm to any person described in
Section 8100 or 8103 shall be punished by imprisonment in the
state prison for two, three, or four years.

(c) “Deadly weapon,” as used in this section has the meaning
prescribed by Section 8100.

(d) (1) under the circumstances of subdivision (b), if probation
is granted, or if the imposition or execution of sentence is
suspended, it shall be a condition thereof that the person be
imprisoned in a county jail begin insert for end insert not less than six months.

(2) The court shall apply the minimum sentence specified in
this subdivision except in unusual cases where the interests of
justice would best be served by granting probation or suspending
the imposition or execution of sentence without the minimum
imprisonment required in this section or by granting probation or
suspending the imposition or execution of sentence with conditions
other than those set forth in this subdivision, in which case, the
court shall specify on the record and shall enter on the minutes the
circumstances indicating that the interests of justice would best be
served by that disposition.

begin delete SEC. 14. end delete
begin insert SEC. 12. end insert   

Section 8103 of the Welfare and Institutions Code is
amended to read:

8103.  

(a) (1) No person who after October 1, 1955, has been
adjudicated by a court of any state to be a danger to others as a
result of a mental disorder or mental illness, or who has been
adjudicated to be a mentally disordered sex offender, shall purchase
or receive, or attempt to purchase or receive, or have in his or her
possession, custody, or control any firearm or any other deadly
weapon unless there has been issued to the person a certificate by
the court of adjudication upon release from treatment or at a later
date stating that the person may possess a firearm or any other
deadly weapon without endangering others, and the person has
not, subsequent to the issuance of the certificate, again been
adjudicated by a court to be a danger to others as a result of a
mental disorder or mental illness.

(2) The court shall immediately notify the Department of Justice
of the court order finding the individual to be a person described
in paragraph (1). The court shall also notify the Department of
Justice of any certificate issued as described in paragraph (1).

(b) (1) No person who has been found, pursuant to Section
1026 of the Penal Code or the law of any other state or the United
States, not guilty by reason of insanity of murder, mayhem, a
violation of Section 207, 209, or 209.5 of the Penal Code in which
the victim suffers intentionally inflicted great bodily injury,
carjacking or robbery in which the victim suffers great bodily
injury, a violation of Section 451 or 452 of the Penal Code
involving a trailer coach, as defined in Section 635 of the Vehicle
Code, or any dwelling house, a violation of paragraph (1) or (2)
of subdivision (a) of Section 262 or paragraph (2) or (3) of
subdivision (a) of Section 261 of the Penal Code, a violation of
Section 459 of the Penal Code in the first degree, assault with
intent to commit murder, a violation of Section 220 of the Penal
Code in which the victim suffers great bodily injury, a violation
of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the
Penal Code, or of a felony involving death, great bodily injury, or
an act which poses a serious threat of bodily harm to another
person, or a violation of the law of any other state or the United
States that includes all the elements of any of the above felonies
as defined under California law, shall purchase or receive, or
attempt to purchase or receive, or have in his or her possession or
under his or her custody or control any firearm or any other deadly
weapon.

(2) The court shall immediately notify the Department of Justice
of the court order finding the person to be a person described in
paragraph (1).

(c) (1) No person who has been found, pursuant to Section 1026
of the Penal Code or the law of any other state or the United States,
not guilty by reason of insanity of any crime other than those
described in subdivision (b) shall purchase or receive, or attempt
to purchase or receive, or shall have in his or her possession,
custody, or control any firearm or any other deadly weapon unless
the court of commitment has found the person to have recovered
sanity, pursuant to Section 1026.2 of the Penal Code or the law of
any other state or the United States.

(2) The court shall immediately notify the Department of Justice
of the court order finding the person to be a person described in
paragraph (1). The court shall also notify the Department of Justice
when it finds that the person has recovered his or her sanity.

(d) (1) No person found by a court to be mentally incompetent
to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code
or the law of any other state or the United States, shall purchase
or receive, or attempt to purchase or receive, or shall have in his
or her possession, custody, or control, any firearm or any other
deadly weapon, unless there has been a finding with respect to the
person of restoration to competence to stand trial by the committing
court, pursuant to Section 1372 of the Penal Code or the law of
any other state or the United States.

(2) The court shall immediately notify the Department of Justice
of the court order finding the person to be mentally incompetent
as described in paragraph (1). The court shall also notify the
Department of Justice when it finds that the person has recovered
his or her competence.

(e) (1) No person who has been placed under conservatorship
by a court, pursuant to Section 5350 or the law of any other state
or the United States, because the person is gravely disabled as a
result of a mental disorder or impairment by chronic alcoholism,
shall purchase or receive, or attempt to purchase or receive, or
shall have in his or her possession, custody, or control, any firearm
or any other deadly weapon while under the conservatorship if, at
the time the conservatorship was ordered or thereafter, the court
which imposed the conservatorship found that possession of a
firearm or any other deadly weapon by the person would present
a danger to the safety of the person or to others. Upon placing any
person under conservatorship, and prohibiting firearm or any other
deadly weapon possession by the person, the court shall notify the
person of this prohibition.

(2) The court shall immediately notify the Department of Justice
of the court order placing the person under conservatorship and
prohibiting firearm or any other deadly weapon possession by the
person as described in paragraph (1). The notice shall include the
date the conservatorship was imposed and the date the
conservatorship is to be terminated. If the conservatorship is
subsequently terminated before the date listed in the notice to the
Department of Justice or the court subsequently finds that
possession of a firearm or any other deadly weapon by the person
would no longer present a danger to the safety of the person or
others, the court shall immediately notify the Department of Justice.

(3) All information provided to the Department of Justice
pursuant to paragraph (2) shall be kept confidential, separate, and
apart from all other records maintained by the Department of
Justice, and shall be used only to determine eligibility to purchase
or possess firearms or other deadly weapons. Any person who
knowingly furnishes that information for any other purpose is
guilty of a misdemeanor. All the information concerning any person
shall be destroyed upon receipt by the Department of Justice of
notice of the termination of conservatorship as to that person
pursuant to paragraph (2).

(f) (1) No person who has been (A) taken into custody as
provided in Section 5150 because that person is a danger to himself,
herself, or to others, (B) assessed within the meaning of Section
5151, and (C) admitted to a designated facility within the meaning
of Sections 5151 and 5152 because that person is a danger to
himself, herself, or others, shall own, possess, control, receive, or
purchase, or attempt to own, possess, control, receive, or purchase
any firearm for a period of five years after the person is released
from the facility. A person described in the preceding sentence,
however, may own, possess, control, receive, or purchase, or
attempt to own, possess, control, receive, or purchase any firearm
if the superior court has, pursuant to paragraph (5), found that the
people of the State of California have not met their burden pursuant
to paragraph (6).

(2) (A) For each person subject to this subdivision, the facility
shall immediately, on the date of admission, submit a report to the
Department of Justice, on a form prescribed by the Department of
Justice, containing information that includes, but is not limited to,
the identity of the person and the legal grounds upon which the
person was admitted to the facility.

Any report submitted pursuant to this paragraph shall be
confidential, except for purposes of the court proceedings described
in this subdivision and for determining the eligibility of the person
to own, possess, control, receive, or purchase a firearm.

(B) Commencing July 1, 2012, facilities shall submit reports
pursuant to this paragraph exclusively by electronic means, in a
manner prescribed by the Department of Justice.

(3) Prior to, or concurrent with, the discharge, the facility shall
inform a person subject to this subdivision that he or she is
prohibited from owning, possessing, controlling, receiving, or
purchasing any firearm for a period of five years. Simultaneously,
the facility shall inform the person that he or she may request a
hearing from a court, as provided in this subdivision, for an order
permitting the person to own, possess, control, receive, or purchase
a firearm. The facility shall provide the person with a form for a
request for a hearing. The Department of Justice shall prescribe
the form. Where the person requests a hearing at the time of
discharge, the facility shall forward the form to the superior court
unless the person states that he or she will submit the form to the
superior court.

(4) The Department of Justice shall provide the form upon
request to any person described in paragraph (1). The Department
of Justice shall also provide the form to the superior court in each
county. A person described in paragraph (1) may make a single
request for a hearing at any time during the five-year period. The
request for hearing shall be made on the form prescribed by the
department or in a document that includes equivalent language.

(5) Any person who is subject to paragraph (1) who has
requested a hearing from the superior court of his or her county
of residence for an order that he or she may own, possess, control,
receive, or purchase firearms shall be given a hearing. The clerk
of the court shall set a hearing date and notify the person, the
Department of Justice, and the district attorney. The people of the
State of California shall be the plaintiff in the proceeding and shall
be represented by the district attorney. Upon motion of the district
attorney, or on its own motion, the superior court may transfer the
hearing to the county in which the person resided at the time of
his or her detention, the county in which the person was detained,
or the county in which the person was evaluated or treated. Within
seven days after the request for a hearing, the Department of Justice
shall file copies of the reports described in this section with the
superior court. The reports shall be disclosed upon request to the
person and to the district attorney. The court shall set the hearing
within 30 days of receipt of the request for a hearing. Upon
showing good cause, the district attorney shall be entitled to a
continuance not to exceed 14 days after the district attorney was
notified of the hearing date by the clerk of the court. If additional
continuances are granted, the total length of time for continuances
shall not exceed 60 days. The district attorney may notify the
county mental health director of the hearing who shall provide
information about the detention of the person that may be relevant
to the court and shall file that information with the superior court.
That information shall be disclosed to the person and to the district
attorney. The court, upon motion of the person subject to paragraph
(1) establishing that confidential information is likely to be
discussed during the hearing that would cause harm to the person,
shall conduct the hearing in camera with only the relevant parties
present, unless the court finds that the public interest would be
better served by conducting the hearing in public. Notwithstanding
any other law, declarations, police reports, including criminal
history information, and any other material and relevant evidence
that is not excluded under Section 352 of the Evidence Code shall
be admissible at the hearing under this section.

(6) The people shall bear the burden of showing by a
preponderance of the evidence that the person would not be likely
to use firearms in a safe and lawful manner.

(7) If the court finds at the hearing set forth in paragraph (5)
that the people have not met their burden as set forth in paragraph
(6), the court shall order that the person shall not be subject to the
five-year prohibition in this section on the ownership, control,
receipt, possession, or purchase of firearms. A copy of the order
shall be submitted to the Department of Justice. Upon receipt of
the order, the Department of Justice shall delete any reference to
the prohibition against firearms from the person’s state mental
health firearms prohibition system information.

(8) Where the district attorney declines or fails to go forward
in the hearing, the court shall order that the person shall not be
subject to the five-year prohibition required by this subdivision
on the ownership, control, receipt, possession, or purchase of
firearms. A copy of the order shall be submitted to the Department
of Justice. Upon receipt of the order, the Department of Justice
shall, within 15 days, delete any reference to the prohibition against
firearms from the person’s state mental health firearms prohibition
system information.

(9) Nothing in this subdivision shall prohibit the use of reports
filed pursuant to this section to determine the eligibility of persons
to own, possess, control, receive, or purchase a firearm if the person
is the subject of a criminal investigation, a part of which involves
the ownership, possession, control, receipt, or purchase of a
firearm.

(g) (1) No person who has been certified for intensive treatment
under Section 5250, 5260, or 5270.15 shall own, possess, control,
receive, or purchase, or attempt to own, possess, control, receive,
or purchase, any firearm for a period of five years.

Any person who meets the criteria contained in subdivision (e)
or (f) who is released from intensive treatment shall nevertheless,
if applicable, remain subject to the prohibition contained in
subdivision (e) or (f).

(2) (A) For each person certified for intensive treatment under
paragraph (1), the facility shall immediately submit a report to the
Department of Justice, on a form prescribed by the department,
containing information regarding the person, including, but not
limited to, the legal identity of the person and the legal grounds
upon which the person was certified. Any report submitted pursuant
to this paragraph shall only be used for the purposes specified in
paragraph (2) of subdivision (f).

(B) Commencing July 1, 2012, facilities shall submit reports
pursuant to this paragraph exclusively by electronic means, in a
manner prescribed by the Department of Justice.

(3) Prior to, or concurrent with, the discharge of each person
certified for intensive treatment under paragraph (1), the facility
shall inform the person of that information specified in paragraph
(3) of subdivision (f).

(4) Any person who is subject to paragraph (1) may petition the
superior court of his or her county of residence for an order that
he or she may own, possess, control, receive, or purchase firearms.
At the time the petition is filed, the clerk of the court shall set a
hearing date and notify the person, the Department of Justice, and
the district attorney. The people of the State of California shall be
the respondent in the proceeding and shall be represented by the
district attorney. Upon motion of the district attorney, or on its
own motion, the superior court may transfer the petition to the
county in which the person resided at the time of his or her
detention, the county in which the person was detained, or the
county in which the person was evaluated or treated. Within seven
days after receiving notice of the petition, the Department of Justice
shall file copies of the reports described in this section with the
superior court. The reports shall be disclosed upon request to the
person and to the district attorney. The district attorney shall be
entitled to a continuance of the hearing to a date of not less than
14 days after the district attorney was notified of the hearing date
by the clerk of the court. The district attorney may notify the county
mental health director of the petition, and the county mental health
director shall provide information about the detention of the person
that may be relevant to the court and shall file that information
with the superior court. That information shall be disclosed to the
person and to the district attorney. The court, upon motion of the
person subject to paragraph (1) establishing that confidential
information is likely to be discussed during the hearing that would
cause harm to the person, shall conduct the hearing in camera with
only the relevant parties present, unless the court finds that the
public interest would be better served by conducting the hearing
in public. Notwithstanding any other provision of law, any
declaration, police reports, including criminal history information,
and any other material and relevant evidence that is not excluded
under Section 352 of the Evidence Code, shall be admissible at
the hearing under this section. If the court finds by a preponderance
of the evidence that the person would be likely to use firearms in
a safe and lawful manner, the court may order that the person may
own, control, receive, possess, or purchase firearms. A copy of
the order shall be submitted to the Department of Justice. Upon
receipt of the order, the Department of Justice shall delete any
reference to the prohibition against firearms from the person’s
state mental health firearms prohibition system information.

(h) For all persons identified in subdivisions (f) and (g), facilities
shall report to the Department of Justice as specified in those
subdivisions, except facilities shall not report persons under
subdivision (g) if the same persons previously have been reported
under subdivision (f).

Additionally, all facilities shall report to the Department of
Justice upon the discharge of persons from whom reports have
been submitted pursuant to subdivision (f) or (g). However, a report
shall not be filed for persons who are discharged within 31 days
after the date of admission.

(i) Every person who owns or possesses or has under his or her
custody or control, or purchases or receives, or attempts to purchase
or receive, any firearm or any other deadly weapon in violation of
this section shall be punished by imprisonment in the state prison
for two, three, or four years.

(j) “Deadly weapon,” as used in this section, has the meaning
prescribed by Section 8100.

begin delete SEC. 15. end delete
begin insert SEC. 13. end insert   

Section 8104 of the Welfare and Institutions Code is
amended to read:

8104.  

The State Department of State Hospitals shall maintain
in a convenient central location and shall make immediately
available to the Department of Justice those records that the State
Department of State Hospitals has in its possession that are
necessary to identify persons who come within Section 8100 or
8103. These records shall be made available to the Department of
Justice upon request. The Department of Justice shall make these
requests only with respect to its duties with regard to applications
for permits for, or to carry, or the possession, purchase, or transfer
of, explosives as defined in Section 12000 of the Health and Safety
Code, devices defined in Section 16250, 16530, or 16640 of the
Penal Code, in subdivisions (a) to (d), inclusive, of Section 16520
of the Penal Code, or in subdivision (a) of Section 16840 of the
Penal Code, machineguns as defined in Section 16880 of the Penal
Code, short-barreled shotguns or short-barreled rifles as defined
in Sections 17170 and 17180 of the Penal Code, assault weapons
as defined in Section 30510 of the Penal Code, and destructive
devices as defined in Section 16460 of the Penal Code, or to
determine the eligibility of a person to acquire, carry, or possess
a firearm, explosive, or destructive device by a person who is
subject to a criminal investigation, a part of which involves the
acquisition, carrying, or possession of a firearm by that person.
These records shall not be furnished or made available to any
person unless the department determines that disclosure of any
information in the records is necessary to carry out its duties with
respect to applications for permits for, or to carry, or the possession,
purchase, or transfer of, explosives, destructive devices, devices
as defined in Section 16250, 16530, or 16640 of the Penal Code,
in subdivisions (a) to (d), inclusive, of Section 16520 of the Penal
Code, or in subdivision (a) of Section 16840 of the Penal Code,
short-barreled shotguns, short-barreled rifles, assault weapons,
and machineguns, or to determine the eligibility of a person to
acquire, carry, or possess a firearm, explosive, or destructive device
by a person who is subject to a criminal investigation, a part of
which involves the acquisition, carrying, or possession of a firearm
by that person.

begin delete SEC. 16. end delete
begin insert SEC. 14. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.