BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1084
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          Date of Hearing:   April 30, 2013
          Counsel:        Gabriel Caswell


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                   AB 1084 (Melendez) - As Amended:  April 25, 2013


           SUMMARY  :  Increases the penalties for numerous offenses related  
          to the illegal possession of firearms, and requires that many  
          related sentences be served in the state prison rather than  
          county jail under realignment.  Specifically,  this bill  :  

          1)Increases the penalties for possession of a firearm on school  
            grounds from 2, 3, or 4 years in county jail to 4, 5, or 6  
            years in state prison.  Further specifies that if the offender  
            is a person prohibited from possessing a firearm, a 9-month  
            term of incarceration is mandated as a condition of probation.  
             

          2)Increases the penalties for possession of a firearm within a  
            distance of 1,000 feet from school grounds from 2, 3, or 4  
            years in county jail to 3, 4, or 5 years in state prison.   
            Further specifies that if the offender is a person prohibited  
            from possessing a firearm, a 9-month term of incarceration is  
            mandated as a condition of probation.  

          3)Specifies that discharge of a firearm in reckless disregard  
            for the safety of another is punishable in state prison rather  
            than county jail.  

          4)Increases the punishment for possession of an unloaded firearm  
            on a university campus from 1, 2, or 3 years in county jail to  
            16 months, 2, or 3 years in state prison.  For prohibited  
            persons the sentences would increase to 3, 4, or 5 years in  
            state prison and a mandatory 6-month jail term as a condition  
            of probation if the firearm is loaded and that a mandatory  
            3-month jail term be served if probation is granted if the  
            firearm is unloaded.  

          5)Increases the punishment for brandishing, unlawfully carrying  
            a concealed firearm, or carrying a loaded firearm upon the  
            grounds of a youth center during operating hours from 1, 2, or  








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            3 years in county jail to 16 months, 2, or 3 years.  If the  
            offender is a prohibited person the penalty would increase to  
            2, 3, or 4 years and a mandatory jail term of 6-months if  
            probation is granted.  

          6)Increases the punishment for a felon in possession of a  
            firearm from 16 months, 2, or 3 years and a mandatory 3-month  
            sentence if probation is granted to 2, 3, or 4 years and  
            increases the mandatory jail term if probation is granted to  
            6-months.  Additionally, this bill specifies that if the felon  
            in possession of a firearm has been previously convicted of  
            specified violent felonies they must serve 3, 4, or 5 years in  
            state prison and increases the mandatory jail term for  
            probation to 9-months.  

          7)Increases the punishment for illegally carrying a loaded  
            firearm on the person or in a vehicle, as specified, from 16  
            months, 2, or 3 years in state prison to 2, 3, or 4 years in  
            state prison and imposes a mandatory 6-month jail term as a  
            condition of probation.  If the person has been convicted of  
            previous specified felonies the punishment increases to 3, 4,  
            or 5 years in state prison and imposes a 9-month jail term as  
            a condition or probation.  

          8)Increases the punishment to 2, 3, or 4 years in state prison  
            for specified offenses involving furnishing firearms to  
            prohibited persons and imposes a 6-month jail term as a  
            condition of probation.  

          9)Requires that persons who unlawfully provide a firearm to a  
            person who is not the actual purchaser serve their sentences  
            in state prison.  

          10)Increases the felony punishment for persons with specified  
            misdemeanors who are prohibited from possessing firearms who  
            possess firearms from 16 months, 2, or 3 years in state prison  
            to 2, 3, or 4 years in state prison with a 3-month mandatory  
            sentence as a condition of probation.  

          11)Increases the punishment for specified violent felons in  
            possession of a firearm from 16 months, 2, or 3 years in state  
            prison with a 9-month mandatory jail sentence as a condition  
            of probation to 3, 4, or 5 years in state prison with a 9  
            month mandatory jail sentence as a condition of probation.   
            Additionally adds a number of specified crimes to the list of  








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            prior violent felonies triggering this punishment, including:   
            assault with a deadly weapon, gun free school zone violations,  
            human trafficking, sexual penetration, rape, child sexual  
            abuse, witness intimidation, holding a hostage, or shooting  
            into an inhabited dwelling.  

          12)Increases the punishment for persons who possess a firearm  
            that are prohibited because they are receiving inpatient  
            treatment as specified from 1 year, 16 months, 2, or 3 years  
            in county jail to 2, 3, or 4 years in state prison.  This bill  
            also increases the punishment for furnishing one of these  
            prohibited persons with a firearm from 16 months, 2, or 3  
            years in county jail to 2, 3, or 4 years in state prison and  
            impose a 6-month jail sentence for any grant of probation.  

          13)Increases the punishment for a person in possession of a  
            firearm who is prohibited because they have made a serious  
            threat of physical violence against a licensed  
            psychotherapist, as specified, from 16 months, 2, or 3 years  
            in county jail to 2, 3, or 4 years in state prison.  

          14)Increases the punishment for a person in possession of a  
            firearm who is prohibited because they have been adjudicated a  
            danger to others as a result of a mental disorder, is a  
            mentally disordered offender, who has been found incompetent  
            to stand trial, has been placed under conservatorship, has  
            been found a danger to themselves or others, been certified  
            for intensive treatment, or who has been found not guilty by  
            reason of insanity from 16 months, 2 or 3 years in county jail  
            to 2, 3, or 4 years in state prison.  

          15)Requires that the Department of State Hospitals make its  
            records on prohibited persons immediately available to the  
            Department of Justice.  
           
           EXISTING LAW  :  

          1)Creates gun-free school zones which impose punishments upon  
            persons who possess a firearm on a school zone.  If a person  
            possesses a firearm upon school grounds of a K-12 facility as  
            specified, shall be punished by imprisonment for 2, 3, or 4  
            years.  [Penal Code Section 626.9(f).]   

          2)Provides that any person who brings or possesses a loaded  
            firearm upon the grounds of a campus of, or buildings owned or  








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            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 for 2, 3, or 4 years.  [Penal Code Section  
            626.9(h).]  

          3)Provides that any person who unlawfully brings a firearm 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  
            for 1, 2, or 3 years, or in a county jail not exceeding one  
            year.  [Penal Code Section 626.95(a).] 

          4)Provides that persons released from state prison on or after  
            October 1, 2011, after serving a prison term or, whose  
            sentence has been deemed served for any of the following  
            crimes shall be subject to the jurisdiction of and parole  
            supervision by the Department of Corrections and  
            Rehabilitation:  (Penal Code Section 3000.08.)  

             a)   A serious felony as described in subdivision (c) of  
               Section 1192.7. 
             
             b)   A violent felony as described in subdivision (c) of  
               Section 667.5.

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

             e)   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.

          5)Provides that a person is guilty of carrying a concealed  
            firearm when the person does any of the following:  [Penal  
            Code Section 25400(a).]  








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             a)   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.

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

             c)   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.

             d)   Provides that a firearm carried openly in a belt holster  
               is not concealed.

          6)Carrying a concealed firearm in violation of the law is  
            punishable as follows: [Penal Code Section 25400(c).]  

             a)   If the person previously has been convicted of any  
               felony, or of any crime made punishable as specified as a  
               felony.

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

             c)   If the person is an active participant in a criminal  
               street gang, as defined under the Street Terrorism  
               Enforcement and Prevention Act, as a felony.

             d)   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 as defined, as a felony.

             e)   If the person has been convicted of a crime against a  
               person or property, or of a narcotics or dangerous drug  
               violation, by imprisonment as specified, 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.

          7)Provides that 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  








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            an incorporated city or in any public place or on any public  
            street in a prohibited area of unincorporated territory.   
            [Penal Code Section 25850(a).]  

          8)Specifies that carrying a loaded firearm in violation of the  
            law is punishable, as follows:  [Penal Code Section 25850(c).]  
             

             a)   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.

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

             c)   Where the person is an active participant in a criminal  
               street gang, as defined under the Street Terrorism  
               Enforcement and Prevention Act, as a felony.

             d)   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, as a felony.

             e)   Where the person has been convicted of a crime against a  
               person or property, or of a narcotics or dangerous drug  
               violation, by imprisonment as specified, 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.

             f)   Where the person is not listed with the Department of  
               Justice as the registered owner of the handgun, by  
               imprisonment as specified, 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 both that fine and  
               imprisonment.

             g)   In all cases other than those specified above 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.

          9)Provides that any person who has been convicted of a felony  








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            under the laws of the United States, the State of California,  
            or any other state, government, or country, or of an  
            enumerated specified offense, 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.  [Penal Code Section 29800(a).]  

          10)Provides that any person who has two or more convictions as  
            specified and who owns, purchases, receives, or has in  
            possession or under custody or control any firearm is guilty  
            of a felony.  [Penal Code Section 29800(a).]  

          11)Provides that any person who has been convicted of a felony  
            or of a specified enumerated offense , when that conviction  
            results from certification by the juvenile court for  
            prosecution as an adult in an adult court, and who owns or has  
            in possession or under custody or control any firearm is  
            guilty of a felony.  [Penal Code Section 29800(b).]  

          12)Specifies that violent offenses for purposes of firearms  
            bills include any of the following: [Penal Code Section  
            29905(a).]  

             a)   Murder or voluntary manslaughter.

             b)   Mayhem.

             c)   Rape.

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

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

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

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

             h)   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.








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             i)   Attempted murder.

             j)   Assault with intent to commit rape or robbery.

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

             bb)  Assault by a life prisoner on a non-inmate.

             cc)  Assault with a deadly weapon by an inmate.

             dd)  Arson.

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

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

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

             hh)  Robbery.

             ii)  Kidnapping.

             jj)  Taking of a hostage by an inmate of a state prison.

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

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

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

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

             eee) Any felony violation of participation in a street gang.

             fff) Specified violations of offenses involving violent use  
               of a firearm.









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             ggg) Carjacking.

          13)Provides that the State Department of State Hospitals shall  
            maintain in a convenient central location and shall make  
            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 specified  
            sections. 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,  
            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, 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.  (WIC Section 8104.)  

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "AB 1084 would  
            provide for safer communities by focusing gun control efforts  
            where it is most needed, keeping guns out of the hands of  
            dangerous, mentally ill and/or criminal individuals, not  
            further burdening law-abiding citizens.  It would do this in a  
            variety of ways. First, the bill would repeal weakened  
            penalties adopted by the passage of realignment and increase  
            penalties for prohibited persons who illegally possess/acquire  
            firearms and those who knowingly provide firearms to them.   
            Second, it provides that all felons released from state prison  
            for a firearms-related felony will be supervised by state  








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            parole officers, not county probation officers. Next, AB 1084  
            would increase penalties for those who engage in straw  
            purchases.  Finally, the bill would specify that where current  
            law requires immediate transfer of information from the  
            courts, law enforcement, and mental health treatment  
            facilities that this requirement applies to the Department of  
            State Hospitals, as well.  More needs to be done to keep  
            firearms out of the hands of those who are known to be a  
            danger to the public, particularly criminals and the dangerous  
            mentally ill.  AB 1084 is a good first step in protecting our  
            citizens more."

           2)Effect on Criminal Justice Realignment Act  :  Criminal justice  
            realignment created two classifications of felonies:  those  
            punishable in county jail and those punishable in state  
            prison.  Realignment limited which felons can be sent to state  
            prison, thus requiring that more felons serve their sentences  
            in county jails.  The new law applies to qualified defendants  
            who commit qualifying offenses and who were sentenced on or  
            after October 1, 2011.  Specifically, sentences to state  
            prison are now mainly limited to registered sex offenders and  
            individuals with a current or prior serious or violent  
            offense.  In addition to the serious, violent, registerable  
            offenses eligible for state prison incarceration, there are  
            approximately 70 felonies which have be specifically excluded  
            from eligibility for local custody (i.e., the sentence for  
            which must be served in state prison). 

          This bill specifies that, notwithstanding the realignment  
            provisions of Penal Code Section 1170 a wide variety of  
            firearms violations must be served in state prison.  Thus,  
            this bill creates many new exclusions from local custody  
            eligibility.  
           
          3)Prison Overcrowding  :  The provisions of this bill  
            significantly increase underlying prison sentences for a wide  
            variety of firearms related offenses.  Additionally, this bill  
            takes current penalties that can be served in county jail,  
            increases them, and mandates that they be instead served in  
            state prisons.  

          When the offense is currently punishable by a substantial prison  
            term, any proposed increase in that prison term causes concern  
            for additional prison overcrowding.  As California's prison  
            crisis worsens, close attention should be paid to legislation  








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            increasing prison overcrowding.  The California Policy  
            Research Center (CPRC) recently issued a report on the status  
            of California's prisons.  The report stated, "California has  
            the largest prison population of any state in the nation, with  
            more than 171,000 inmates in 33 adult prisons, and the state's  
            annual correctional spending, including jails and probation,  
            amounts to $8.92 billion.  Despite the high cost of  
            corrections, fewer California prisoners participate in  
            relevant treatment programs than comparable states, and its  
            inmate-to-officer ratio is considerably higher.  While the  
            nation's prisons average one correctional officer to every 4.5  
            inmates, the average California officer is responsible for 6.5  
            inmates.  Although officer salaries are higher than average,  
            their ranks are spread dangerously thin and there is a severe  
                                                                                          vacancy rate."  [Petersilia, Understanding California  
            Corrections, California Policy Research Center (May 2006).]   
            California's prison population will likely exceed 180,000 by  
            2010.

          According to the Little Hoover Commission, "Lawsuits filed in  
            three federal courts alleging that the current level of  
            overcrowding constitutes cruel and unusual punishment ask that  
            the courts appoint a panel of federal judges to manage  
            California's prison population.  United States District Judge  
            Lawrence Karlton, the first judge to hear the motion, gave the  
            State until June 2007 to show progress in solving the  
            overpopulation crisis.  Judge Karlton clearly would prefer not  
            to manage California's prison population.  At a December 2006  
            hearing, Judge Karlton told lawyers representing the  
            Schwarzenegger administration that he is not inclined 'to  
            spend forever running the state prison system.'  However, he  
            also warned the attorneys, 'You tell your client June 4 may be  
            the end of the line.  It may really be the end of the line.'

          "Inmates, who are willing to improve their education, learn a  
            job skill or kick a drug habit find that programs are few and  
            far between, a result of budget choices and overcrowding.  
            Consequently, offenders are released into California  
            communities with the criminal tendencies and addictions that  
            first led to their incarceration.  They are ill-prepared to do  
            more than commit new crimes and create new victims."  [Little  
            Hoover Commission Report, Solving California's Corrections  
            Crisis:  Time is Running Out (2007), pg. 1, 2.]

          On February 9, 2009, a United States District Court three-judge  








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            panel issued a tentative ruling mandating the State of  
            California to resolve chronic prison overcrowding.  In the  
            tentative ruling, the judges state "[t]he evidence is  
            compelling that there is no relief other than a prisoner  
            release order that will remedy the unconstitutional prison  
            conditions."  With prisons housing twice the population they  
            were built to accommodate, the prospect of early release of  
            inmates appears imminent unless the Legislature relieves the  
            current prison population. 
             
             The United State Supreme Court upheld the decision of the  
            three-judge panel, declaring that "without a reduction in  
            overcrowding, there will be no efficacious remedy for the  
            unconstitutional care of the sick and mentally ill" inmates in  
            California's prisons.  [Brown v. Plata (2011) 131 S.Ct. 1910,  
            1939; 179 L.Ed.2d 969, 999.]

            According to a recent report by the Legislative Analyst's  
            Office, "Based on CDCR's current population projections, it  
            appears that it will eventually reach the court-imposed  
            population limit, though not by the June 2013 deadline."  [See  
            Refocusing CDCR After the 2011 Realignment, Feb. 23, 2012,  
            pp.3  
            . 
            ]  "In particular, the projections show the state missing the  
            final population limit of no more than 110,000 inmates housed  
            in state prisons by June 2013.  Specifically, the projections  
            show the state exceeding this limit by about 6,000 inmates.   
            However, the projections indicate that the state will meet the  
            court-imposed limit by the end of 2014."  (Id. at p. 9.)

            "While the state has undergone various changes to reduce  
            overcrowding prior to the passage of the realignment  
            legislation-including transferring inmates to out-of-state  
            contract facilities, construction of new facilities, and  
            various statutory changes to reduce the prison population-the  
            realignment of adult offenders is the most significant change  
            undertaken to reduce overcrowding."  (Id. at p. 8.)  Because  
            the provisions of this bill require a defendant convicted for  
            peeping to serve his or her sentence in state prison, it  
            appears to aggravate the on-going problem of prison  
            overcrowding.
             
             The Three Judge Panel, in issuing its most recent denial of  
            the State's request to modify and/or terminate the existing  








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            population cap re-stated, "crowding creates numerous barriers  
            to the provisions of medical and mental health care that  
            result in the constitutional violations." (Coleman/Plata v.  
            Brown, April 11, 2013, Op. & Order Denying Defendants Motion  
            to Vacate or Modify Population Reduction Order, (No.  
            C01-1351:2590:4).]'  
                 
            4)Potential for County Jail Overcrowding  :  According to a recent  
            report by the Public Policy Institute of California titled  
            Capacity Challenges in California's Jails, California's county  
            jails are facing increasing adult daily populations (ADP).   
            Many counties are facing capacity constraints on their  
            population.  Prior to realignment, 17 counties were operating  
            under court orders limiting the number of inmates in their  
            jails.   In all, 13 counties including some of the biggest  
            (Los Angeles, Orange, San Diego, and Sacramento) had average  
            daily populations that were larger than the number of beds  
            their jails were rated for.  This bill adds a number of  
            minimum mandatory sentences when probation is granted.  While  
            the bill mandates that a number of sentences which are  
            currently served in county jail be served in state prison the  
            vast majority of criminal cases end resolved in probation  
            rather than lengthy criminal sentences.  If mandatory county  
            jail custody time is mandated for these grants of probation  
            county jail populations will be impacted.        

           5)Argument in Support  :  According to the  San Bernardino  
            Sheriff's Office  , "This measure provides for clean-up language  
            on mental health reporting, which is long overdue.  
             
             "AB 1084 also provides that if a person is within a class of  
            persons prohibited from possessing a firearm, the person shall  
            be punished in 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 is the violation was  
            within 1,000 feet from the school grounds.  This measure also  
            clarifies the law regarding information-sharing between the  
            Department of Justice and the Department of State Hospitals  
            regarding records of persons who are prohibited from  
            possessing firearms because they are dangerously mentally ill.  
             

            "AB 1084 is a step in the right direction when it comes to  
            keeping firearms out of the hands of those who are known to be  
            a danger to the public, particularly criminals and the  








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            dangerous mentally ill."

           6)Argument in Opposition:   According to the  American Civil  
            Liberties Union  , "The ACLU of California regrets to inform you  
            that we must oppose AB 1084, which, inter alia, requires a  
            person in possession of a firearm in violation of the Gun Free  
            School Zone Act of 1995 to be sentenced to state prison,  
            rather than to county jail pursuant to Cal. Penal Code section  
            1170, subd. (h). AB 1084 also requires that those convicted of  
            specified firearms charges be placed on state parole, rather  
            than on county supervision. 

            "Although some of the offenses specified in the bill are quite  
            serious, returning thousands of offenders to state prison for  
            even longer prison sentences will further exacerbate  
            California's state prison overcrowding crisis, and contribute  
            to the on-going violations of the inmates' Eighth Amendment  
            rights.  Overcrowding has a direct and evidence-based  
            correlation on the delivery of effective medical and mental  
            health care while incarcerated.  

            "In fact, the Three Judge Panel, in issuing its most recent  
            denial of the State's request to modify and/or terminate the  
            existing population cap re-stated, "crowding creates numerous  
            barriers to the provisions of medical and mental health care  
            that result in the constitutional violations. (Coleman/Plata  
            v. Brown, April 11, 2013, Op. & Order Denying Defendants  
            Motion to Vacate or Modify Population Reduction Order, (No.  
            C01-1351:2590:4).)  

            "The Panel went on to caution that failure to reduce  
            population to the specified 137.5 percent of design capacity  
            would result in aggressive court action, including possible  
            issuance of an early release order, and/or contempt citations.  
             (Id., at 70.) Even where a case is on appeal, the law  
            requires compliance with an issued order.  (Maness v. Meyers  
            (1975) 419 U.S 449, 458.)  The Legislature should take great  
            care in deciding on any penalty that will create any new  
            pressures on our beleaguered prison system. 

            "Additionally, CDCR's Division of Adult Parole has faced  
            significant cuts over the past several years, culminating in  
            the passage of Realignment.  Returning a high number of  
            offenders to state parole would be a greater threat to public  
            safety because Adult Parole does not have the resources to  








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            manage this new population.  Additionally, County Probation  
            has done an effective job at managing offenders in the  
            community. According to the Chief Probation Officers of  
            California, in its Winter 2012 report, 'California probation  
            departments have made a commitment to, and have invested  
            heavily in evidence based practices. Probation has reduced  
            caseload sizes of high risk offenders to ensure proper levels  
            of supervision by officers; implemented tools for assessing  
            risks and needs; and trained officers in techniques proven to  
            increase chances of successful supervision, and reduce  
            recidivism. These investments have led to probation's  
            demonstrated success in supervising California's felony  
            offenders. California Probation Departments have made a  
            commitment to the use of evidence based practices to match  
            offender's actual needs with appropriate services and  
            structure supervision around an offender's risk to re-offend.'  
            (Chief Probation Officers of California, (Winter 2012)  
            Mandatory Supervision: The Benefits of Evidence Based  
            Supervision Public Safety Realignment, pgs. 3-4.)

            "County probation departments should retain supervision of  
            these offenders, who have the   resources - and since the  
            passage of Proposition 30, the guaranteed funding - to manage  
            these offenders in the community. 

            "For these reasons, we must oppose. Please do not hesitate to  
            contact us should you have any questions, or wish to discuss  
            our opposition in greater detail." 

           7)Related Legislation:   

             a)   AB 539 (Pan) creates additional means for certain  
               prohibited possessors to temporarily relinquish firearms to  
               state licensed gun dealers with CA DOJ presumably being  
               notified of the same. AB 539 is pending in this committee.

             b)   AB 740 (Alejo) deals with various gun licensure,  
               receipt, and transfer issues. AB 740 will make the "federal  
               advance ship" requirement a specific state law requirement  
               as well.  AB 740 is pending in this committee.

             c)   AB 1020 (Bonta) places in statute a letter program that  
               the Department of Justice has utilized in selected  
               jurisdictions notifying persons during the waiting period  
               as to their responsibilities in terms of storage, loans,  








                                                                  AB 1084
                                                                  Page  16

               and transfers.   AB 1020 is pending a hearing in the  
               Assembly Appropriations Committee.

             d)   SB 140 (Leno) appropriates $24.0 million from the DROS  
               special account to the Department of Justice for  
               firearms-related regulatory and enforcement activities  
               primarily for SB 950 enforcement. SB 140 is pending in the  
               Assembly. 

             e)   SB 374 (Steinberg) deals with various firearm  
               registration issues, primarily as to handguns.  SB 374 is  
               pending in the Senate Appropriations Committee.  

          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Rifle and Pistol Association
          Golden Gate Bail Agents Association 
          National Rifle Association of America 
          Riverside Sheriff's Association 
          San Bernardino Sheriff's Department 

           Opposition 
           
          American Civil Liberties Union
          California Public Defenders Association
          California Right to Carry 
          Friends Committee on Legislation of California 
          Legal Services for Prisoners with Children
          Taxpayers for Improving Public Safety 

           
          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744