Amended in Senate April 11, 2013

Senate BillNo. 38


Introduced by Senator De León

December 5, 2012


An actbegin insert to add Section 30009 to the Penal Code,end insert relating tobegin delete domestic violenceend deletebegin insert firearmsend insert.

LEGISLATIVE COUNSEL’S DIGEST

SB 38, as amended, De León. begin deleteDomestic violence: fees. end deletebegin insertFirearms: prohibited persons.end insert

begin insert

Existing law requires the Attorney General to establish and maintain an online database, known as the Prohibited Armed Persons File, to cross-reference persons who have ownership or possession of a firearm and who, subsequent to the date of that ownership or possession, became a person who is prohibited from owning or possessing a firearm.

end insert
begin insert

This bill would, no later than July 1, 2014, require the Department of Justice to establish a 15-day amnesty period during which a person prohibited from possessing a firearm may surrender his or her firearms to a local law enforcement agency without being charged with illegal possession of a firearm, except as specified. The bill would require a local law enforcement agency that receives a firearm from a prohibited person during the amnesty period to report specified information to the department. The bill would require the department to use the specified information to create a record of each surrendered firearm in the Prohibited Armed Persons File. The bill would also impose a civil fine up to $2,500 per firearm on a person prohibited from possessing a firearm who still maintains possession of his or her firearms after the amnesty period. The bill would authorize the department to conduct a public awareness campaign in conjunction with local law enforcement to promote the amnesty period, as specified.

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begin 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.

end insert
begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert
begin delete

Existing law imposes a fee of $500 on every person who is granted probation for a crime of domestic violence. Two-thirds of the fee is deposited in the county’s domestic violence programs special fund, to be expended in support of domestic violence shelter programs, as specified.

end delete
begin delete

This bill would state the intent of the Legislature to enact legislation that would clarify whether the assessment on domestic violence probationers is a fine or a fee and clarify the allocation of the collected funds.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 30009 is added to the end insertbegin insertPenal Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert30009.end insert  

(a) In order to reduce the number of firearms possessed
4by prohibited persons listed in the Prohibited Armed Persons File,
5a 15-day amnesty period shall be established, commencing on a
6date to be determined by the Department of Justice but not later
7than July 1, 2014, during which a person prohibited from
8possessing a firearm may surrender his or her firearms to a local
9law enforcement agency without being charged with illegal
10possession of firearms, as provided in subdivision (d). No person
11convicted of a felony shall be permitted to participate in the
12amnesty period.

13(b) For each instance in which a local law enforcement agency
14receives a firearm from a prohibited person during the amnesty
15period described in subdivision (a), the agency shall submit to the
16department the following information:

P3    1(1) The name of the prohibited person who surrendered the
2firearm.

3(2) The person’s date of birth.

4(3) A description of the firearm or firearms surrendered.

5(4) The serial number of the firearm or firearms surrendered.

6(5) Any other information deemed necessary by the department.

7(c) The department shall enter the information received pursuant
8to subdivision (b) in the Prohibited Armed Persons File to create
9a record of each firearm surrendered during the amnesty period.

10(d) A prohibited person who surrenders a firearm pursuant to
11subdivision (a) shall not be charged with illegal possession of
12firearms for any firearm the department has on record as having
13been surrendered pursuant to subdivision (c).

14(e) At the expiration of the 15-day amnesty period described in
15subdivision (a), a person prohibited from possessing a firearm
16who still maintains possession of his or her firearms shall be
17subject to a civil fine of up to two thousand five hundred dollars
18($2,500) per firearm in addition to criminal penalties authorized
19by law, including, but not limited to, penalties described in Chapter
203 (commencing with Section 29900) of this code and Sections 8100
21and 8103 of the Welfare and Institutions Code.

22(f) The department may conduct a public awareness campaign
23in conjunction with local law enforcement to promote the amnesty
24period described in this section and to educate prohibited persons
25on how to surrender firearms to law enforcement in a safe and
26secure manner.

end insert
27begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
28this act contains costs mandated by the state, reimbursement to
29local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.

end insert
begin delete
32

SECTION 1.  

It is the intent of the Legislature to enact
33legislation that would clarify whether the assessment on domestic
34violence probationers pursuant to Section 1203.097 of the Penal
35Code is a fine or a fee and clarify the allocation of the collected
36funds.

end delete


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