Senate BillNo. 755


Introduced by Senator Wolk

(Coauthors: Senators De León, DeSaulnier, Hancock, and Yee)

February 22, 2013


An act to amend Sections 29805 and 29900 of the Penal Code, and to amend Section 8103 of the Welfare and Institutions Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 755, as introduced, Wolk. Firearms: prohibited persons.

(1) Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess, or have under his or her custody or control, any firearm. Violation of this prohibition is punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding $1,000, or by both that imprisonment and fine.

This bill would add to the list of misdemeanors, the conviction for which is subject to those prohibitions, misdemeanor offenses of threatening a peace officer, removing a weapon from the person of a peace officer, hazing, transferring a firearm without completing the transaction through a licensed firearms dealer, furnishing ammunition to a minor, possession of ammunition by a person prohibited from having a firearm, furnishing ammunition to a person prohibited from possessing ammunition, carrying ammunition onto school grounds, carrying a loaded or concealed weapon if the person has been previously convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, or if the firearm is not registered, participation in any criminal street gang, a public offense committed for the benefit of a criminal street gang, disobedience to the terms of an injunction that restrains the activities of a criminal street gang. By changing the definition of a crime, this bill would impose a state-mandated local program.

(2) Under existing law it is a felony for any person who has been previously convicted of any specified violent offenses to own or have possession or custody or control of any firearm.

This bill would additionally make it a felony for any person to own or possess a firearm if the person has been convicted of 2 or more crimes within a 3-year period and was found to have been under the influence of drugs or alcohol during the commission of the crimes, if the person has been convicted of possessing any controlled substance for sale, or if the person has violated any protective order that was issue due to a threat of violence. By expanding the definition of a crime, this bill would impose a state-mandated local program.

(3) Existing law prohibits certain specified individuals, including a person who has been adjudicated a danger to others as a result of a mental disorder or mental illness, a person who has been adjudicated a mentally disordered sex offender, a person who has been found not guilty by reason of insanity, or a person who has been placed under conservatorship by a court, among others, from possessing firearms or deadly weapons.

Existing law authorizes a court to order a person to obtain assisted outpatient treatment if certain criteria are met, including that the person is suffering from a mental illness and is unlikely to survive safely in the community without supervision.

This bill would prohibit a person who has been ordered by a court to obtain assisted outpatient treatment from purchasing or possessing any firearm or other deadly weapon while subject to assisted outpatient treatment. The bill would require the court to notify the Department of Justice of the order prohibiting the person from possessing a firearm or other deadly weapon within 2 days of the order, and to notify the Department of Justice when the person is no longer subject to assisted outpatient treatment. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.

(4) Existing constitutional provisions require that a statute that limits the right of access to meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by that limitation and the need for protecting that interest.

This bill would make a legislative finding and declaration relating to the necessity of treating reports to the Department of Justice as confidential in order to protect the privacy of individuals ordered to obtain assisted outpatient treatment.

(5) 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:

P3    1

SECTION 1.  

The Legislature finds and declares that in order
2to protect the privacy of individuals ordered to obtain assisted
3outpatient treatment, it is necessary that reports made by a court
4to the Department of Justice pursuant to Section 4 of this act be
5confidential, except as provided in this act.

6

SEC. 2.  

Section 29805 of the Penal Code is amended to read:

7

29805.  

Except as provided in Section 29855 or subdivision (a)
8of Section 29800, any person who has been convicted of a
9misdemeanor violation of Sectionbegin insert 69,end insert 71, 76, 136.1, 136.5, or 140,
10subdivisionbegin insert (b) orend insert (d) of Section 148,begin insert paragraph (10) of subdivision
11(a) of Section 166,end insert
Section 171b, paragraph (1) of subdivision (a)
12of Section 171c, 171d,begin insert subdivision (a) or (d) of Section 186.22,end insert
13 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5,begin insert 245.6end insert 246.3,
14247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or 830.95,
15subdivision (a) of former Section 12100, as that section read at
16any time from when it was enacted by Section 3 of Chapter 1386
17of the Statutes of 1988 to when it was repealed by Section 18 of
18Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300,
1925800,begin insert 26500, 30300, 30305, 30306, 30310,end insert 30315, or 32625,
20subdivision (b) or (d) of Section 26100, or Section 27510, or
21Section 8100, 8101, or 8103 of the Welfare and Institutions Code,
22any firearm-related offense pursuant to Sections 871.5 and 1001.5
23of the Welfare and Institutions Code,begin insert Section 25400 that is
24punishable pursuant to paragraph (5) or (6) of subdivision (c) of
25Section 25400, Section 25850 that is punishable pursuant to
26paragraph (5) or (6) of subdivision (c) of Section 25850,end insert
or of the
P4    1conduct punished in subdivision (c) of Section 27590, and who,
2within 10 years of the conviction, owns, purchases, receives, or
3has in possession or under custody or control, any firearm is guilty
4of a public offense, which shall be punishable by imprisonment
5in a county jail not exceeding one year or in the state prison, by a
6fine not exceeding one thousand dollars ($1,000), or by both that
7imprisonment and fine. The court, on forms prescribed by the
8Department of Justice, shall notify the department of persons
9subject to this section. However, the prohibition in this section
10may be reduced, eliminated, or conditioned as provided in Section
1129855 or 29860.

12

SEC. 3.  

Section 29900 of the Penal Code is amended to read:

13

29900.  

(a) (1) Notwithstanding subdivision (a) of Section
1429800, any person who has been previously convicted of any of
15the offenses listed in Section 29905 and who owns or has in
16possession or under custody or control any firearm is guilty of a
17felony.

18(2) A dismissal of an accusatory pleading pursuant to Section
191203.4a involving an offense set forth in Section 29905 does not
20affect the finding of a previous conviction.

21(3) If probation is granted, or if the imposition or execution of
22sentence is suspended, it shall be a condition of the probation or
23suspension that the defendant serve at least six months in a county
24jail.

25(b) (1) Any person previously convicted of any of the offenses
26listed in Section 29905 which conviction results from certification
27by the juvenile court for prosecution as an adult in adult court
28under the provisions of Section 707 of the Welfare and Institutions
29Code, who owns or has in possession or under custody or control
30any firearm, is guilty of a felony.

31(2) If probation is granted, or if the imposition or execution of
32sentence is suspended, it shall be a condition of the probation or
33suspension that the defendant serve at least six months in a county
34jail.

begin insert

35(c) Any person to whom one of the following applies and who
36owns or has in possession or under custody or control any firearm
37is guilty of a felony:

end insert
begin insert

38(1) The person has been convicted of two or more crimes within
39a three-year period and was found to have been under the influence
40of drugs or alcohol during the commission of the crimes.

end insert
begin insert

P5    1(2) The person has been convicted of possessing any controlled
2substance for sale.

end insert
begin insert

3(3) The person has violated any protective order that was issued
4due to a threat of violence.

end insert
begin delete

5(c)

end delete

6begin insert(d)end insert The court shall apply the minimum sentence as specified in
7subdivisions (a)begin delete andend deletebegin insert,end insert (b)begin insert, and (c)end insert except in unusual cases where
8the interests of justice would best be served by granting probation
9or suspending the imposition or execution of sentence without the
10imprisonment required by subdivisions (a)begin delete andend deletebegin insert,end insert (b),begin insert and (c)end insert or by
11granting probation or suspending the imposition or execution of
12sentence with conditions other than those set forth in subdivisions
13(a)begin delete andend deletebegin insert,end insert (b),begin insert and (c)end insert in which case the court shall specify on the
14record and shall enter on the minutes the circumstances indicating
15that the interests of justice would best be served by the disposition.

16

SEC. 4.  

Section 8103 of the Welfare and Institutions Code is
17amended to read:

18

8103.  

(a) (1) No person who after October 1, 1955, has been
19adjudicated by a court of any state to be a danger to others as a
20result of a mental disorder or mental illness, or who has been
21adjudicated to be a mentally disordered sex offender, shall purchase
22or receive, or attempt to purchase or receive, or have in his or her
23possession, custody, or control any firearm or any other deadly
24weapon unless there has been issued to the person a certificate by
25the court of adjudication upon release from treatment or at a later
26date stating that the person may possess a firearm or any other
27deadly weapon without endangering others, and the person has
28not, subsequent to the issuance of the certificate, again been
29adjudicated by a court to be a danger to others as a result of a
30mental disorder or mental illness.

31(2) The court shall immediately notify the Department of Justice
32of the court order finding the individual to be a person described
33in paragraph (1). The court shall also notify the Department of
34Justice of any certificate issued as described in paragraph (1).

35(b) (1) No person who has been found, pursuant to Section
361026 of the Penal Code or the law of any other state or the United
37States, not guilty by reason of insanity of murder, mayhem, a
38violation of Section 207, 209, or 209.5 of the Penal Code in which
39the victim suffers intentionally inflicted great bodily injury,
40carjacking or robbery in which the victim suffers great bodily
P6    1injury, a violation of Section 451 or 452 of the Penal Code
2involving a trailer coach, as defined in Section 635 of the Vehicle
3Code, or any dwelling house, a violation of paragraph (1) or (2)
4of subdivision (a) of Section 262 or paragraph (2) or (3) of
5subdivision (a) of Section 261 of the Penal Code, a violation of
6Section 459 of the Penal Code in the first degree, assault with
7intent to commit murder, a violation of Section 220 of the Penal
8Code in which the victim suffers great bodily injury, a violation
9of Section 18715, 18725, 18740, 18745, 18750, or 18755 of the
10Penal Code, or of a felony involving death, great bodily injury, or
11an act which poses a serious threat of bodily harm to another
12person, or a violation of the law of any other state or the United
13States that includes all the elements of any of the above felonies
14as defined under California law, shall purchase or receive, or
15attempt to purchase or receive, or have in his or her possession or
16under his or her custody or control any firearm or any other deadly
17weapon.

18(2) The court shall immediately notify the Department of Justice
19of the court order finding the person to be a person described in
20paragraph (1).

21(c) (1) No person who has been found, pursuant to Section 1026
22of the Penal Code or the law of any other state or the United States,
23not guilty by reason of insanity of any crime other than those
24described in subdivision (b) shall purchase or receive, or attempt
25to purchase or receive, or shall have in his or her possession,
26custody, or control any firearm or any other deadly weapon unless
27the court of commitment has found the person to have recovered
28sanity, pursuant to Section 1026.2 of the Penal Code or the law of
29any other state or the United States.

30(2) The court shall immediately notify the Department of Justice
31of the court order finding the person to be a person described in
32paragraph (1). The court shall also notify the Department of Justice
33when it finds that the person has recovered his or her sanity.

34(d) (1) No person found by a court to be mentally incompetent
35to stand trial, pursuant to Section 1370 or 1370.1 of the Penal Code
36or the law of any other state or the United States, shall purchase
37or receive, or attempt to purchase or receive, or shall have in his
38or her possession, custody, or control, any firearm or any other
39deadly weapon, unless there has been a finding with respect to the
40person of restoration to competence to stand trial by the committing
P7    1court, pursuant to Section 1372 of the Penal Code or the law of
2any other state or the United States.

3(2) The court shall immediately notify the Department of Justice
4of the court order finding the person to be mentally incompetent
5as described in paragraph (1). The court shall also notify the
6Department of Justice when it finds that the person has recovered
7his or her competence.

8(e) (1) No person who has been placed under conservatorship
9by a court, pursuant to Section 5350 or the law of any other state
10or the United States, because the person is gravely disabled as a
11result of a mental disorder or impairment by chronic alcoholism,
12shall purchase or receive, or attempt to purchase or receive, or
13shall have in his or her possession, custody, or control, any firearm
14or any other deadly weapon while under the conservatorship if, at
15the time the conservatorship was ordered or thereafter, the court
16which imposed the conservatorship found that possession of a
17firearm or any other deadly weapon by the person would present
18a danger to the safety of the person or to others. Upon placing any
19person under conservatorship, and prohibiting firearm or any other
20deadly weapon possession by the person, the court shall notify the
21person of this prohibition.

22(2) The court shall immediately notify the Department of Justice
23of the court order placing the person under conservatorship and
24prohibiting firearm or any other deadly weapon possession by the
25person as described in paragraph (1). The notice shall include the
26date the conservatorship was imposed and the date the
27conservatorship is to be terminated. If the conservatorship is
28subsequently terminated before the date listed in the notice to the
29Department of Justice or the court subsequently finds that
30possession of a firearm or any other deadly weapon by the person
31would no longer present a danger to the safety of the person or
32others, the court shall immediately notify the Department of Justice.

33(3) All information provided to the Department of Justice
34pursuant to paragraph (2) shall be kept confidential, separate, and
35apart from all other records maintained by the Department of
36Justice, and shall be used only to determine eligibility to purchase
37or possess firearms or other deadly weapons. Any person who
38knowingly furnishes that information for any other purpose is
39guilty of a misdemeanor. All the information concerning any person
40shall be destroyed upon receipt by the Department of Justice of
P8    1notice of the termination of conservatorship as to that person
2pursuant to paragraph (2).

3(f) (1) No person who has been (A) taken into custody as
4provided in Section 5150 because that person is a danger to himself,
5herself, or to others, (B) assessed within the meaning of Section
65151, and (C) admitted to a designated facility within the meaning
7of Sections 5151 and 5152 because that person is a danger to
8himself, herself, or others, shall own, possess, control, receive, or
9purchase, or attempt to own, possess, control, receive, or purchase
10any firearm for a period of five years after the person is released
11from the facility. A person described in the preceding sentence,
12however, may own, possess, control, receive, or purchase, or
13attempt to own, possess, control, receive, or purchase any firearm
14if the superior court has, pursuant to paragraph (5), found that the
15people of the State of California have not met their burden pursuant
16to paragraph (6).

17(2) (A) For each person subject to this subdivision, the facility
18shall immediately, on the date of admission, submit a report to the
19Department of Justice, on a form prescribed by the Department of
20Justice, containing information that includes, but is not limited to,
21the identity of the person and the legal grounds upon which the
22person was admitted to the facility.

23Any report submitted pursuant to this paragraph shall be
24confidential, except for purposes of the court proceedings described
25in this subdivision and for determining the eligibility of the person
26to own, possess, control, receive, or purchase a firearm.

27(B) Commencing July 1, 2012, facilities shall submit reports
28pursuant to this paragraph exclusively by electronic means, in a
29manner prescribed by the Department of Justice.

30(3) Prior to, or concurrent with, the discharge, the facility shall
31inform a person subject to this subdivision that he or she is
32prohibited from owning, possessing, controlling, receiving, or
33purchasing any firearm for a period of five years. Simultaneously,
34the facility shall inform the person that he or she may request a
35hearing from a court, as provided in this subdivision, for an order
36permitting the person to own, possess, control, receive, or purchase
37a firearm. The facility shall provide the person with a form for a
38request for a hearing. The Department of Justice shall prescribe
39the form. Where the person requests a hearing at the time of
40discharge, the facility shall forward the form to the superior court
P9    1unless the person states that he or she will submit the form to the
2superior court.

3(4) The Department of Justice shall provide the form upon
4request to any person described in paragraph (1). The Department
5of Justice shall also provide the form to the superior court in each
6county. A person described in paragraph (1) may make a single
7request for a hearing at any time during the five-year period. The
8request for hearing shall be made on the form prescribed by the
9department or in a document that includes equivalent language.

10(5) Any person who is subject to paragraph (1) who has
11requested a hearing from the superior court of his or her county
12of residence for an order that he or she may own, possess, control,
13receive, or purchase firearms shall be given a hearing. The clerk
14of the court shall set a hearing date and notify the person, the
15Department of Justice, and the district attorney. The people of the
16State of California shall be the plaintiff in the proceeding and shall
17be represented by the district attorney. Upon motion of the district
18attorney, or on its own motion, the superior court may transfer the
19hearing to the county in which the person resided at the time of
20his or her detention, the county in which the person was detained,
21or the county in which the person was evaluated or treated. Within
22seven days after the request for a hearing, the Department of Justice
23shall file copies of the reports described in this section with the
24superior court. The reports shall be disclosed upon request to the
25person and to the district attorney. The court shall set the hearing
26within 30 days of receipt of the request for a hearing. Upon
27showing good cause, the district attorney shall be entitled to a
28continuance not to exceed 14 days after the district attorney was
29notified of the hearing date by the clerk of the court. If additional
30 continuances are granted, the total length of time for continuances
31shall not exceed 60 days. The district attorney may notify the
32county mental health director of the hearing who shall provide
33information about the detention of the person that may be relevant
34to the court and shall file that information with the superior court.
35That information shall be disclosed to the person and to the district
36attorney. The court, upon motion of the person subject to paragraph
37(1) establishing that confidential information is likely to be
38discussed during the hearing that would cause harm to the person,
39shall conduct the hearing in camera with only the relevant parties
40present, unless the court finds that the public interest would be
P10   1better served by conducting the hearing in public. Notwithstanding
2any other law, declarations, police reports, including criminal
3history information, and any other material and relevant evidence
4that is not excluded under Section 352 of the Evidence Code shall
5be admissible at the hearing under this section.

6(6) The people shall bear the burden of showing by a
7preponderance of the evidence that the person would not be likely
8to use firearms in a safe and lawful manner.

9(7) If the court finds at the hearing set forth in paragraph (5)
10that the people have not met their burden as set forth in paragraph
11(6), the court shall order that the person shall not be subject to the
12five-year prohibition in this section on the ownership, control,
13receipt, possession, or purchase of firearms. A copy of the order
14shall be submitted to the Department of Justice. Upon receipt of
15the order, the Department of Justice shall delete any reference to
16the prohibition against firearms from the person’s state mental
17health firearms prohibition system information.

18(8) Where the district attorney declines or fails to go forward
19 in the hearing, the court shall order that the person shall not be
20subject to the five-year prohibition required by this subdivision
21on the ownership, control, receipt, possession, or purchase of
22firearms. A copy of the order shall be submitted to the Department
23of Justice. Upon receipt of the order, the Department of Justice
24shall, within 15 days, delete any reference to the prohibition against
25firearms from the person’s state mental health firearms prohibition
26system information.

27(9) Nothing in this subdivision shall prohibit the use of reports
28filed pursuant to this section to determine the eligibility of persons
29to own, possess, control, receive, or purchase a firearm if the person
30is the subject of a criminal investigation, a part of which involves
31the ownership, possession, control, receipt, or purchase of a
32firearm.

33(g) (1) No person who has been certified for intensive treatment
34under Section 5250, 5260, or 5270.15 shall own, possess, control,
35receive, or purchase, or attempt to own, possess, control, receive,
36or purchase, any firearm for a period of five years.

37Any person who meets the criteria contained in subdivision (e)
38or (f) who is released from intensive treatment shall nevertheless,
39if applicable, remain subject to the prohibition contained in
40subdivision (e) or (f).

P11   1(2) (A) For each person certified for intensive treatment under
2paragraph (1), the facility shall immediately submit a report to the
3Department of Justice, on a form prescribed by the department,
4containing information regarding the person, including, but not
5limited to, the legal identity of the person and the legal grounds
6upon which the person was certified. Any report submitted pursuant
7to this paragraph shall only be used for the purposes specified in
8paragraph (2) of subdivision (f).

9(B) Commencing July 1, 2012, facilities shall submit reports
10pursuant to this paragraph exclusively by electronic means, in a
11manner prescribed by the Department of Justice.

12(3) Prior to, or concurrent with, the discharge of each person
13certified for intensive treatment under paragraph (1), the facility
14shall inform the person of that information specified in paragraph
15(3) of subdivision (f).

16(4) Any person who is subject to paragraph (1) may petition the
17superior court of his or her county of residence for an order that
18he or she may own, possess, control, receive, or purchase firearms.
19At the time the petition is filed, the clerk of the court shall set a
20hearing date and notify the person, the Department of Justice, and
21the district attorney. The people of the State of California shall be
22the respondent in the proceeding and shall be represented by the
23district attorney. Upon motion of the district attorney, or on its
24own motion, the superior court may transfer the petition to the
25county in which the person resided at the time of his or her
26detention, the county in which the person was detained, or the
27county in which the person was evaluated or treated. Within seven
28days after receiving notice of the petition, the Department of Justice
29shall file copies of the reports described in this section with the
30superior court. The reports shall be disclosed upon request to the
31person and to the district attorney. The district attorney shall be
32entitled to a continuance of the hearing to a date of not less than
3314 days after the district attorney was notified of the hearing date
34by the clerk of the court. The district attorney may notify the county
35mental health director of the petition, and the county mental health
36director shall provide information about the detention of the person
37that may be relevant to the court and shall file that information
38with the superior court. That information shall be disclosed to the
39person and to the district attorney. The court, upon motion of the
40person subject to paragraph (1) establishing that confidential
P12   1information is likely to be discussed during the hearing that would
2cause harm to the person, shall conduct the hearing in camera with
3only the relevant parties present, unless the court finds that the
4public interest would be better served by conducting the hearing
5in public. Notwithstanding any other provision of law, any
6declaration, police reports, including criminal history information,
7and any other material and relevant evidence that is not excluded
8under Section 352 of the Evidence Code, shall be admissible at
9the hearing under this section. If the court finds by a preponderance
10of the evidence that the person would be likely to use firearms in
11a safe and lawful manner, the court may order that the person may
12own, control, receive, possess, or purchase firearms. A copy of
13the order shall be submitted to the Department of Justice. Upon
14receipt of the order, the Department of Justice shall delete any
15reference to the prohibition against firearms from the person’s
16state mental health firearms prohibition system information.

17(h) For all persons identified in subdivisions (f) and (g), facilities
18shall report to the Department of Justice as specified in those
19subdivisions, except facilities shall not report persons under
20subdivision (g) if the same persons previously have been reported
21under subdivision (f).

22Additionally, all facilities shall report to the Department of
23Justice upon the discharge of persons from whom reports have
24been submitted pursuant to subdivision (f) or (g). However, a report
25shall not be filed for persons who are discharged within 31 days
26after the date of admission.

begin insert

27(i) (1) No person who has been ordered by a court to obtain
28assisted outpatient treatment pursuant to Article 9 (commencing
29with Section 5345) of Chapter 2 of Part 1 of Division 5 shall
30purchase or receive, or attempt to purchase or receive, or shall
31have in his or her possession, custody, or control, any firearm or
32any other deadly weapon while subject to assisted outpatient
33treatment. Upon placing any person under assisted outpatient
34treatment, the court shall notify the person of this prohibition.

end insert
begin insert

35(2) The court shall notify the Department of Justice of the court
36order placing the person in assisted outpatient treatment and
37prohibiting firearm or any other deadly weapon possession by the
38person described in paragraph (1) within two days of the order.
39The court shall also notify the Department of Justice when the
40person subject to paragraph (1) is no longer subject to assisted
P13   1outpatient treatment. Any report submitted pursuant to this
2paragraph shall be confidential, except for purposes of the court
3proceedings specified in this subdivision and for purposes of
4determining the eligibility of the person to own, possess, control,
5receive, or purchase a firearm.

end insert
begin delete

6(i)

end delete

7begin insert(j)end insert Every person who owns or possesses or has under his or her
8custody or control, or purchases or receives, or attempts to purchase
9or receive, any firearm or any other deadly weapon in violation of
10this section shall be punished by imprisonment pursuant to
11subdivision (h) of Section 1170 of the Penal Code or in a county
12jail for not more than one year.

begin delete

13(j)

end delete

14begin insert(k)end insert “Deadly weapon,” as used in this section, has the meaning
15prescribed by Section 8100.

16

SEC. 5.  

No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district will be incurred because this act creates a new crime or
20infraction, eliminates a crime or infraction, or changes the penalty
21for a crime or infraction, within the meaning of Section 17556 of
22the Government Code, or changes the definition of a crime within
23the meaning of Section 6 of Article XIII B of the California
24Constitution.



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