Amended in Assembly June 5, 2014

Amended in Assembly September 6, 2013

Amended in Assembly September 3, 2013

Amended in Senate May 15, 2013

Amended in Senate April 3, 2013

Senate BillNo. 396


Introduced bybegin delete Senators Hancock and Steinbergend deletebegin insert Senator Deend insertbegin insert Leónend insert

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(Coauthor: Senator Jackson)

end delete
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(Principal coauthor: Senator Lara)

end insert
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(Principal coauthors: Assembly Members Alejo, Fong, and Williams)

end insert
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(Coauthors: Senators Correa, Lieu, and Padilla)

end insert
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(Coauthors: Assembly Members Bonta, Chau, Gonzalez, V. Manuel Pérez, Rendon, and Yamada)

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February 20, 2013


An act tobegin delete amend Sections 16350, 16740, 32310, 32400, 32405, 32435, and 32450 of the Penal Code, relating to firearms.end deletebegin insert repeal Sections 48end insertbegin insert21end insertbegin insert5 and 66010.8 of the Education Code, to repeal Section 53069.65 of the Government Code, to repeal Chapter 1.3 (commencing with Section 130) of Part 1 of Division 1 of the Health and Safety Code, to repeal Section 834b of the Penal Code, and to repeal Section 10001.5 of the Welfare and Institutions Code, relating to public services.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 396, as amended, begin deleteHancockend delete begin insertDe Leónend insert. begin deleteFirearms: magazine capacity. end deletebegin insertPublic services.end insert

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Proposition 187, which was approved by the voters at the November 8, 1994, statewide general election, made illegal aliens ineligible for specified public social services, public health care services, and public school education at the elementary, secondary, and post-secondary levels. Among other things, the proposition also required various state and local agencies to report suspected illegal aliens, as specified, and required the Attorney General to perform certain tasks in connection with transmitting and retaining those reports. These provisions of Proposition 187 were rendered unenforceable after a federal court found them to be preempted by the United States Constitution and other federal law.

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This bill would repeal the unenforceable provisions of Proposition 187, as described above.

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(1) Existing law, for purposes pertaining to the ammunition capacity of certain assault weapons, defines “capacity to accept more than 10 rounds” to mean capable of accommodating more than 10 rounds, but specifies that this term does not apply to a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.

end delete
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This bill would revise that definition to mean capable of holding more than 10 rounds, but not applying to a feeding device that has been permanently altered so that it cannot hold more than 10 rounds.

end delete
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(2) Existing law prohibits the sale, gift, and loan of a large-capacity magazine. Existing law defines “large-capacity magazine” to mean any ammunition feeding device with the capacity to accept more than 10 rounds, but provides that the definition may not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.

end delete
begin delete

This bill would include within that definition of large-capacity magazine a feeding device that had a capacity of more than 10 rounds but has been permanently modified to hold no more than 10 rounds of ammunition, and would exclude from that definition a magazine that is only of sufficient length to hold no more than 10 rounds of ammunition.

end delete
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This bill, commencing July 1, 2014, would make it an infraction punishable by a fine not to exceed $100, or a misdemeanor punishable by a fine not to exceed $100, by imprisonment in the county jail not to exceed one year, or by both that fine and imprisonment, for any person to possess any large-capacity magazine, regardless of the date the magazine was acquired. The bill would authorize various methods by which a person in lawful possession of a large-capacity magazine may dispose of the magazine prior to the July 1, 2014, prohibition on possession.

end delete
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(3) Existing law creates various exceptions to that crime, which include, but are not limited to, the sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by the holder of a special weapons permit for use as a prop for a motion picture, or any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties.

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This bill would make conforming changes by adding possession to those provisions.

end delete
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This bill would incorporate additional changes to Section 32310 of the Penal Code proposed by AB 48 that would become operative if this bill and AB 48 are both enacted and this bill is enacted last.

end delete
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By creating a new crime, this bill would impose a state-mandated local program.

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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.

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

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

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 48215 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
2

48215.  

(a) No public elementary or secondary school shall
3admit, or permit the attendance of, any child who is not a citizen
4of the United States, an alien lawfully admitted as a permanent
5resident, or a person who is otherwise authorized under federal
6law to be present in the United States.

7(b) Commencing January 1, 1995, each school district shall
8verify the legal status of each child enrolling in the school district
9for the first time in order to ensure the enrollment or attendance
10only of citizens, aliens lawfully admitted as permanent residents,
11or persons who are otherwise authorized to be present in the United
12States.

13(c) By January 1, 1996, each school district shall have verified
14the legal status of each child already enrolled and in attendance in
P4    1the school district in order to ensure the enrollment or attendance
2only of citizens, aliens lawfully admitted as permanent residents,
3or persons who are otherwise authorized under federal law to be
4present in the United States.

5(d) By January 1, 1996, each school district shall also have
6verified the legal status of each parent or guardian of each child
7referred to in subdivisions (b) and (c), to determine whether such
8parent or guardian is one of the following:

9(1) A citizen of the United States.

10(2) An alien lawfully admitted as a permanent resident.

11(3) An alien admitted lawfully for a temporary period of time.

12(e) Each school district shall provide information to the State
13Superintendent of Public Instruction, the Attorney General of
14California, and the United States Immigration and Naturalization
15Service regarding any enrollee or pupil, or parent or guardian,
16attending a public elementary or secondary school in the school
17district determined or reasonably suspected to be in violation of
18federal immigration laws within forty-five days after becoming
19aware of an apparent violation. The notice shall also be provided
20to the parent or legal guardian of the enrollee or pupil, and shall
21state that an existing pupil may not continue to attend the school
22after ninety calendar days from the date of the notice, unless legal
23status is established.

24(f) For each child who cannot establish legal status in the United
25States, each school district shall continue to provide education for
26a period of ninety days from the date of the notice. Such ninety
27day period shall be utilized to accomplish an orderly transition to
28a school in the child’s country of origin. Each school district shall
29fully cooperate in this transition effort to ensure that the educational
30needs of the child are best served for that period of time.

end delete
31begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 66010.8 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
32

66010.8.  

(a) No public institution of postsecondary education
33shall admit, enroll, or permit the attendance of any person who is
34not a citizen of the United States, an alien lawfully admitted as a
35permanent resident in the United States, or a person who is
36otherwise authorized under federal law to be present in the United
37States.

38(b) Commencing with the first term or semester that begins after
39January 1, 1995, and at the commencement of each term or
40semester thereafter, each public postsecondary educational
P5    1institution shall verify the status of each person enrolled or in
2attendance at that institution in order to ensure the enrollment or
3attendance only of United States citizens, aliens lawfully admitted
4as permanent residents in the United States, and persons who are
5otherwise authorized under federal law to be present in the United
6States.

7(c) No later than 45 days after the admissions officer of a public
8postsecondary educational institution becomes aware of the
9application, enrollment, or attendance of a person determined to
10be, or who is under reasonable suspicion of being, in the United
11States in violation of federal immigration laws, that officer shall
12provide that information to the State Superintendent of Public
13Instruction, the Attorney General of California, and the United
14States Immigration and Naturalization Service. The information
15shall also be provided to the applicant, enrollee, or person admitted.

end delete
16begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 53069.65 of the end insertbegin insertGovernment Codeend insertbegin insert is repealed.end insert

begin delete
17

53069.65.  

Whenever the state or a city, or a county, or any
18other legally authorized local governmental entity with
19jurisdictional boundaries reports the presence of a person who is
20suspected of being present in the United States in violation of
21federal immigration laws to the Attorney General of California,
22that report shall be transmitted to the United States Immigration
23and Naturalization Service. The Attorney General shall be
24responsible for maintaining on-going and accurate records of such
25reports, and shall provide any additional information that may be
26requested by any other government entity.

end delete
27begin insert

begin insertSEC. 4.end insert  

end insert

begin insertChapter 1.3 (commencing with Section 130) of Part 1
28of Division 1 of the end insert
begin insertHealth and Safety Codeend insertbegin insert, as added by Section
296 of Proposition 187 on November 8, 1994, is repealed.end insert

30begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 834b of the end insertbegin insertPenal Codeend insertbegin insert is repealed.end insert

begin delete
31

834b.  

(a) Every law enforcement agency in California shall
32fully cooperate with the United States Immigration and
33Naturalization Service regarding any person who is arrested if he
34or she is suspected of being present in the United States in violation
35of federal immigration laws.

36(b) With respect to any such person who is arrested, and
37suspected of being present in the United States in violation of
38federal immigration laws, every law enforcement agency shall do
39the following:

P6    1(1) Attempt to verify the legal status of such person as a citizen
2of the United States, an alien lawfully admitted as a permanent
3resident, an alien lawfully admitted for a temporary period of time
4or as an alien who is present in the United States in violation of
5immigration laws. The verification process may include, but shall
6not be limited to, questioning the person regarding his or her date
7and place of birth, and entry into the United States, and demanding
8documentation to indicate his or her legal status.

9(2) Notify the person of his or her apparent status as an alien
10who is present in the United States in violation of federal
11immigration laws and inform him or her that, apart from any
12criminal justice proceedings, he or she must either obtain legal
13status or leave the United States.

14(3) Notify the Attorney General of California and the United
15States Immigration and Naturalization Service of the apparent
16illegal status and provide any additional information that may be
17requested by any other public entity.

18(c) Any legislative, administrative, or other action by a city,
19county, or other legally authorized local governmental entity with
20jurisdictional boundaries, or by a law enforcement agency, to
21prevent or limit the cooperation required by subdivision (a) is
22expressly prohibited.

end delete
23begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 10001.5 of the end insertbegin insertWelfare and Institutions Codeend insert
24begin insert is repealed.end insert

begin delete
25

10001.5.  

(a) In order to carry out the intention of the People
26of California that only citizens of the United States and aliens
27lawfully admitted to the United States may receive the benefits of
28public social services and to ensure that all persons employed in
29the providing of those services shall diligently protect public funds
30from misuse, the provisions of this section are adopted.

31(b) A person shall not receive any public social services to which
32he or she may be otherwise entitled until the legal status of that
33person has been verified as one of the following:

34(1) A citizen of the United States.

35(2) An alien lawfully admitted as a permanent resident.

36(3) An alien lawfully admitted for a temporary period of time.

37(c) If any public entity in this state to whom a person has applied
38for public social services determines or reasonably suspects, based
39upon the information provided to it, that the person is an alien in
P7    1the United States in violation of federal law, the following
2procedures shall be followed by the public entity:

3(1) The entity shall not provide the person with benefits or
4services.

5(2) The entity shall, in writing, notify the person of his or her
6apparent illegal immigration status, and that the person must either
7obtain legal status or leave the United States.

8(3) The entity shall also notify the State Director of Social
9Services, the Attorney General of California, and the United States
10Immigration and Naturalization Service of the apparent illegal
11status, and shall provide any additional information that may be
12requested by any other public entity.

end delete
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13

SECTION 1.  

Section 16350 of the Penal Code is amended to
14read:

15

16350.  

As used in Section 30515, “capacity to accept more
16than 10 rounds” means capable of holding more than 10 rounds.
17The term does not apply to a feeding device that has been
18permanently altered so that it cannot hold more than 10 rounds.

19

SEC. 2.  

Section 16740 of the Penal Code is amended to read:

20

16740.  

(a) As used in this part, “large-capacity magazine”
21means any ammunition feeding device with the capacity to accept
22more than 10 rounds. As used in this part, “large-capacity
23magazine” also includes a feeding device that had a capacity of
24more than 10 rounds but has been permanently modified to hold
25no more than 10 rounds of ammunition.

26(b) As used in this part, “large-capacity magazine” does not
27include any of the following:

28(1) A magazine that is only of sufficient length to hold no more
29than 10 rounds of ammunition.

30(2) A .22 caliber tube ammunition feeding device.

31(3) A tubular magazine that is contained in a lever-action
32firearm.

33

SEC. 3.  

Section 32310 of the Penal Code is amended to read:

34

32310.  

(a) Except as provided in Article 2 (commencing with
35Section 32400) of this chapter and in Chapter 1 (commencing with
36Section 17700) of Division 2 of Title 2, any person in this state
37who manufactures or causes to be manufactured, imports into the
38state, keeps for sale, or offers or exposes for sale, or who gives,
39or lends, any large-capacity magazine is punishable by
P8    1imprisonment in a county jail not exceeding one year or
2imprisonment pursuant to subdivision (h) of Section 1170.

3(b) Except as provided in Article 2 (commencing with Section
432400) of this chapter and in Chapter 1 (commencing with Section
517700) of Division 2 of Title 2, commencing July 1, 2014, any
6person in this state who possesses any large-capacity magazine,
7regardless of the date the magazine was acquired, is guilty of an
8infraction punishable by a fine not to exceed one hundred dollars
9($100), or is guilty of a misdemeanor punishable by a fine not to
10exceed one hundred dollars ($100), by imprisonment in a county
11jail not to exceed one year, or by both that fine and imprisonment.

12(c) Any person who, prior to July 1, 2014, legally possesses a
13large-capacity magazine shall dispose of that magazine by any of
14the following means:

15(1) Remove the large-capacity magazine from the state.

16(2) Prior to July 1, 2014, sell the large-capacity magazine to a
17licensed firearms dealer.

18(3) Destroy the large-capacity magazine.

19(4) Surrender the large-capacity magazine to a law enforcement
20agency for destruction.

21

SEC. 3.5.  

Section 32310 of the Penal Code is amended to read:

22

32310.  

(a) Except as provided in Article 2 (commencing with
23Section 32400) of this chapter and in Chapter 1 (commencing with
24Section 17700) of Division 2 of Title 2, any person in this state
25who manufactures or causes to be manufactured, imports into the
26state, keeps for sale, or offers or exposes for sale, or who gives,
27lends, buys, or receives any large-capacity magazine is punishable
28by imprisonment in a county jail not exceeding one year or
29imprisonment pursuant to subdivision (h) of Section 1170.

30(b) Except as provided in Article 2 (commencing with Section
3132400) of this chapter and in Chapter 1 (commencing with Section
3217700) of Division 2 of Title 2, commencing July 1, 2014, any
33person in this state who possesses any large-capacity magazine,
34regardless of the date the magazine was acquired, is guilty of an
35infraction punishable by a fine not to exceed one hundred dollars
36($100), or is guilty of a misdemeanor punishable by a fine not to
37exceed one hundred dollars ($100), by imprisonment in a county
38jail not to exceed one year, or by both that fine and imprisonment.

P9    1(c) Any person who, prior to July 1, 2014, legally possesses a
2large-capacity magazine shall dispose of that magazine by any of
3the following means:

4(1) Remove the large-capacity magazine from the state.

5(2) Prior to July 1, 2014, sell the large-capacity magazine to a
6licensed firearms dealer.

7(3) Destroy the large-capacity magazine.

8(4) Surrender the large-capacity magazine to a law enforcement
9agency for destruction.

10(d) For purposes of this section, “manufacturing” includes both
11fabricating a magazine and assembling a magazine from a
12combination of parts, including, but not limited to, the body, spring,
13follower, and floor plate or end plate, to be a fully functioning
14large-capacity magazine.

15

SEC. 4.  

Section 32400 of the Penal Code is amended to read:

16

32400.  

Section 32310 does not apply to the sale of, giving of,
17lending of, possession of, importation into this state of, or purchase
18of, any large-capacity magazine to or by any federal, state, county,
19city and county, or city agency that is charged with the enforcement
20of any law, for use by agency employees in the discharge of their
21official duties, whether on or off duty, and where the use is
22authorized by the agency and is within the course and scope of
23their duties.

24

SEC. 5.  

Section 32405 of the Penal Code is amended to read:

25

32405.  

Section 32310 does not apply to the sale to, lending to,
26transfer to, purchase by, receipt of, possession of, or importation
27into this state of, a large-capacity magazine by a sworn peace
28officer, as defined in Chapter 4.5 (commencing with Section 830)
29of Title 3 of Part 2, who is authorized to carry a firearm in the
30course and scope of that officer’s duties.

31

SEC. 6.  

Section 32435 of the Penal Code is amended to read:

32

32435.  

Section 32310 does not apply to any of the following:

33(a) The sale of, giving of, lending of, possession of, importation
34into this state of, or purchase of, any large-capacity magazine, to
35or by any entity that operates an armored vehicle business pursuant
36to the laws of this state.

37(b) The lending and possession of large-capacity magazines by
38an entity specified in subdivision (a) to its authorized employees,
39while in the course and scope of employment for purposes that
40pertain to the entity’s armored vehicle business.

P10   1(c) The return of those large-capacity magazines to the entity
2specified in subdivision (a) by those employees specified in
3subdivision (b).

4

SEC. 7.  

Section 32450 of the Penal Code is amended to read:

5

32450.  

Section 32310 does not apply to the purchase or
6possession of a large-capacity magazine by the holder of a special
7weapons permit issued pursuant to Section 31000, 32650, or 33300,
8or pursuant to Article 3 (commencing with Section 18900) of
9Chapter 1 of Division 5 of Title 2, or pursuant to Article 4
10(commencing with Section 32700) of Chapter 6 of this division,
11for any of the following purposes:

12(a) For use solely as a prop for a motion picture, television, or
13video production.

14(b) For export pursuant to federal regulations.

15(c) For resale to law enforcement agencies, government
16agencies, or the military, pursuant to applicable federal regulations.

17

SEC. 8.  

Section 3.5 of this bill incorporates amendments to
18Section 32310 of the Penal Code proposed by both this bill and
19Assembly Bill 48. It shall only become operative if (1) both bills
20are enacted and become effective on or before January 1, 2014,
21(2) each bill amends Section 32310 of the Penal Code, and (3) this
22bill is enacted after Assembly Bill 48, in which case Section 3 of
23this bill shall not become operative.

24

SEC. 9.  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.

end delete


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