BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          SB 755 (Wolk) - Firearms: prohibited persons.

          Amended: April 3, 2013          Policy Vote: Public Safety 5-2
          Urgency: No                     Mandate: Yes
          Hearing Date: May 6, 2013       Consultant: Jolie Onodera
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: SB 755 would:
               Add specified offenses to the list of misdemeanors that  
              result in a 10-year prohibition from firearms possession.
               Provide that a violation of two or more specified  
              misdemeanors related to substance abuse result in a 10-year  
              prohibition from firearms possession.
               Provide that persons ordered into outpatient treatment due  
              to mental illness, as specified, are prohibited from  
              possessing firearms while subject to assisted outpatient  
              treatment.
               Require the court to notify the Department of Justice  
              (DOJ) of persons subject to the prohibitions, as specified.

          Fiscal Impact: 
               One-time automation system enhancement costs of $270,000  
              (Special Fund*) to the DOJ to update various reporting  
              systems.
               Ongoing increase in annual state incarceration costs  
              potentially in the millions of dollars (General Fund) to the  
              extent additional violations of the firearms prohibition,  
              which is a wobbler, occur under the expanded list of  
              misdemeanor crimes.
               Ongoing increase in annual local incarceration costs  
              potentially in the millions of dollars (Local) to the extent  
              additional violations of the firearms prohibition occur  
              under the expanded list of misdemeanor crimes.  
               Substantial increase in annual DOJ enforcement costs  
              (Special Fund*) for the likely increase to the Armed  
              Prohibited Persons System (APPS) due to a significant  
              increase in the number of individuals prohibited from owning  
              or possessing firearms under the provisions of this bill.
               Ongoing significant court costs (General Fund**) for  
              notifications to the DOJ for both violations of the list of  
              expanded misdemeanors and outpatient treatment cases.
          *Dealers' Record of Sale (DROS) Special Account






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          **Trial Court Trust Fund

          Background: Existing law prohibits persons who have been  
          convicted of specified crimes from owning or possessing  
          firearms. Under both federal and state law, for example, any  
          individual convicted of a felony offense is prohibited for life  
          from firearms ownership. Existing state law also imposes a  
          10-year firearms prohibition on any person convicted of numerous  
          misdemeanor offenses involving violence or the threat of  
          violence. A violation of this provision is an alternate  
          felony-misdemeanor (wobbler), punishable by imprisonment in a  
          state prison for 16 months, two, or three years, or in a county  
          jail for up to one year, a fine not exceeding $1,000, or both.

          In addition, state law imposes a 5-year firearms prohibition on  
          any person convicted of specified misdemeanors or found to be a  
          danger to themselves or others due to a mental illness, as  
          specified. A violation of these provisions is a wobbler,  
          punishable by imprisonment in a state prison or county jail for  
          16 months, two, or three years, or in a county jail for not more  
          than one year.

          Proposed Law: This bill: 
               Expands the number of misdemeanor offenses subject to the  
              10-year firearms prohibition by adding 15 offenses involving  
              violence, threats of violence, gang-related activity, and  
              firearms-related activity including resisting arrest by  
              threat of force, threatening a peace officer, active  
              participation in a criminal street gang, sale of a firearm  
              without a license, possession of ammunition by a person  
              prohibited from possessing a firearm, and illegally carrying  
              a concealed firearm. 
               Provides that any person convicted of a misdemeanor  
              violation of two or more of 20 specified offenses (list of  
              offenses on page 5) related to alcohol or drug intoxication  
              and who, within 10 years of the conviction owns, purchases,  
              receives, or possesses any firearm, is guilty of a wobbler  
              punishable as a felony by 16 months, two, or three years in  
              state prison or county jail, or as a misdemeanor in a county  
              jail for up to one year, by a fine up to $1,000 or both.
               Provides that any person ordered by a court to obtain  
              assisted outpatient treatment is prohibited from purchasing  
              or possessing any firearm or any other deadly weapon while  
              subject to assisted outpatient treatment. A violation of  
              this provision would be a wobbler, punishable as a felony  
              for 16 months, two, or three years in county jail or state  






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              prison, or as a misdemeanor for up to one year in county  
              jail. 
               Requires the court to notify the DOJ of 1) persons subject  
              to the 10-year firearm prohibition, and 2) within two days  
              of the order, persons ordered to obtain assisted outpatient  
              treatment, and subsequently, when the person is no longer  
              subject to assisted outpatient treatment.

          Related Legislation: This measure is part of the following  
          legislative package deemed the Lifesaving Intelligent Firearms  
          Enforcement (LIFE) Act: 
          
          SB 47 (Yee) 2013 would revise the definition of assault weapon  
          to include a firearm that has one of several specified features  
          and does not have a "fixed magazine" as defined. This bill would  
          require the registration of specified lawfully possessed assault  
          weapons that do not have a fixed magazine, as defined, with the  
          DOJ. This bill is scheduled to be heard today by this committee.

          SB 53 (De Leon) 2013 would require the sale, purchase, and  
          transfer of ammunition to be subject to additional regulations,  
          as specified. This bill would 1) require ammunition purchasers  
          to obtain an ammunition purchase permit and complete a  
          background check prior to any transaction, and, 2) require DOJ  
          to maintain records of all ammunition vendor licenses and  
          purchase permits issued, as well as all ammunition sales. This  
          bill is scheduled to be heard today by this committee.

          SB 140 (Leno) 2013 Chapter 2/2013, an urgency measure,  
          appropriates $24 million from the DROS Special Account to the  
          DOJ to address the backlog of unlawfully held firearms in the  
          Armed Prohibited Persons System (APPS). This bill was signed by  
          the Governor on May 1, 2013.

          SB 374 (Steinberg) 2013 would 1) redefine the definition of what  
          rifles would be considered assault weapons, 2) provide a  
          definition for both "fixed magazine" and "detachable magazine,"  
          3) require the registration of specified lawfully possessed  
          assault weapons with the DOJ, and, 4) enact provisions  
          establishing a Firearm Ownership Record, as specified. This bill  
          is scheduled to be heard today by this committee.

          SB 396 (Hancock) 2013 would ban the possession of large-capacity  
          ammunition magazines capable of holding more than 10 rounds, and  
          would require the disposal of any large-capacity magazine, as  
          defined, in specified ways. This bill is scheduled to be heard  






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          today by this committee.

          SB 567 (Jackson) 2013 would revise the definition of shotgun to  
          1) delete language stating that to be considered a shotgun, the  
          weapon must be intended to be fired from the shoulder, and 2)  
          add language stating a shotgun may include a weapon with a  
          rifled bore as well as a smooth bore.  This bill is scheduled to  
          be heard today by this committee.

          SB 683 (Block) 2013 would expand the current safety certificate  
          requirement on handguns to all firearms. This bill is scheduled  
          to be heard today by this committee.
          
          Staff Comments: By expanding the list of misdemeanors subject to  
          the 10-year firearms prohibition, this bill could result in a  
          substantial increase in ongoing state and local incarceration  
          costs. Arrest data for 2012 from the DOJ indicates over 415,000  
          arrests associated with the enumerated misdemeanor crimes in  
          this bill. Any person convicted of two or more of the listed  
          offenses that include, but are not limited to disorderly conduct  
          or driving under the influence of alcohol or drugs, would be  
          prohibited from firearm purchase or possession for 10 years  
          after the conviction. Though not specified in the bill's  
          provisions, it is assumed the 10-year prohibition period would  
          begin after the second conviction. As currently drafted, there  
          is no time period within which the two misdemeanor convictions  
          must occur. The practical effect being that two separate  
          misdemeanor convictions that occurred over a span of many years  
          could trigger the 10-year firearms ban.
          
          The DOJ would incur one-time costs of about $270,000 (Special  
          Fund) to develop enhancements to the Mental Health Reporting  
          System, Mental Health Firearms Prohibition System, and the  
          Consolidated Firearm Information System. In addition, to the  
          extent the provisions of this bill result in a significant  
          increase in persons prohibited from firearms possession and  
          purchase, it is projected there would be a commensurate increase  
          in enforcement costs for the DOJ to address new listings on  
          APPS.

          The courts would incur increased workload and costs to notify  
          the DOJ of 1) persons subject to the 10-year firearm  
          prohibition, and 2) within two days of the court order, persons  
          ordered to obtain assisted outpatient treatment, and  
          subsequently, when the person is no longer subject to assisted  
          outpatient treatment. Given the number of additional violations  






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          subject to firearms prohibitions currently proposed in this  
          measure, the ongoing workload and costs are unknown, but could  
          be substantial.

          According to the CDCR, 38 individuals in 2012 were committed to  
          state prison specific to these crimes. It is unknown how many  
          persons will be convicted under the expanded scope of these  
          crimes, though it is assumed the convictions could likely be  
          highest in the near-term. For every 100 individuals, increased  
          state incarceration costs could range from $2.8 million to $6  
          million (General Fund) per year, compounding to $5.6 million to  
          $12 million due to overlapping sentences (assuming the middle  
          term for the 16 month, 2, 3 year triad), based on the range of  
          potential costs to accommodate extended state prison sentences.  
          To the extent the number of individuals impacted is greater/less  
          or the average sentence imposed is longer/shorter than  
          estimated, annual costs would be impacted accordingly.

          California's prison system continues to operate under federal  
          oversight as it addresses the issues of prison overcrowding and  
          constitutionally adequate health care in its 33 facilities. On  
          April 11, 2013, the three-judge panel denied the state's motion  
          to vacate/modify the inmate population cap and ordered the state  
          to provide a list of proposed population reduction measures  
          within 21 days of the order (May 2, 2013). To the extent this  
          measure exacerbates prison overcrowding due to lengthier prison  
          terms, this bill creates future cost pressure (General Fund) to  
          potentially utilize additional contract beds, out-of-state  
          facilities, or capital outlay in order to comply with the  
          court-ordered population limit.

          Recommended Amendments: The author has indicated amendments will  
          be offered to reduce the list of misdemeanor violations subject  
          to the provisions of this bill, as well as clarify that the two  
          misdemeanor convictions must occur within a three-year period in  
          order to trigger the 10-year firearms prohibitions, thereby  
          narrowing the impact of this bill.















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          VIOLATIONS OF TWO OR MORE OF THE FOLLOWING OFFENSES WOULD RESULT  
          IN A 10-YEAR PROHIBITION FROM FIREARM POSSESSION/OWNERSHIP:

           Being under the influence of alcohol or a controlled substance  
            while engaged in the practice of dentistry, dental hygiene in  
            actual attendance on patients to an extent that impairs his or  
            her ability to conduct the practice of dentistry or dental  
            hygiene with safety to patients and the public (Business and  
            Professions Code (BPC) §§ 1700(e), 1958(e)).
           Practicing medicine while under the influence of any narcotic  
            drug or alcohol to such an extent as to impair his or her  
            ability to conduct the practice of medicine with safety to the  
            public and his or her patients (BPC § 2280).
           Any person who, while on duty, sells, dispenses or compounds  
            any drug while under the influence of any dangerous drug or  
            alcoholic beverages (BPC § 4327). 
           Operating any vessel or manipulating water skis, an aquaplane,  
            or a similar device while under the influence of an alcoholic  
            beverage, any drug, or the combined influence of an alcoholic  
            beverage and any drug (HNC § 655(b)).
           Operating any recreational vessel or manipulating any water  
            skis, aquaplane, or similar device if the person has an  
            alcohol concentration of 0.08 percent or more in his or her  
            blood (HNC § 655(c)). 
           No person shall operate any vessel other than a recreational  
            vessel if the person has an alcohol concentration of 0.04  
            percent or more in his or her blood (HNC § 655(d)).
           Operating any vessel or manipulate water skis, an aquaplane,  
            or a similar device while under the influence of an alcoholic  
            beverage, any drug, or under the combined influence of an  
            alcoholic beverage and any drug, and while so operating, do  
            any act forbidden by law, or neglect any duty imposed by law  
            in the use of the vessel, water skis, aquaplane, or similar  
            device, which act or neglect proximately causes bodily injury  
            to any person other than himself or herself (HNC § 655(f)). 
           Serving as a crew member on any charter boat while under the  
            influence of intoxicating liquor, any drug, or the combined  
            influence of intoxicating liquor and any drug (HNC §  
            655.4(a)).
           Serving as a crew member on any charter boat while under the  
            influence of intoxicating liquor, any drug, or under the  
            combined influence of intoxicating liquor and any drug, and  
            while so serving, do any act forbidden by law, or neglect any  
            duty imposed by law in the use of the vessel, which act or  
            neglect proximately causes bodily injury to any person other  
            than himself or herself (HNC § 655.4(b)). 






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           Being under the influence of any controlled substance (HSC §  
            11550). 
           Vehicular manslaughter while intoxicated (PC § 191.5) 
           Public intoxication (PC § 647(f)). 
           Operating an aircraft in the air, or on the ground or water,  
            or engaging in parachuting for sport while under the influence  
            of an alcoholic beverage or any drug, or the combined  
            influence of an alcoholic beverage and any drug (PUC §  
            21407.1(a)). 
           Operating an aircraft in the air or on the ground or water  
            with 0.04 percent or more, by weight, of alcohol in your blood  
            (PUC § 21407.1(b)); 
           Riding a bicycle upon a highway while under the influence of  
            an alcoholic beverage or any drug, or under the combined  
            influence of an alcoholic beverage and any drug (VC §  
            21200.5).
           Driving a vehicle under the influence of any alcoholic  
            beverage or drug (VC § 23152). 
           Driving a vehicle under the influence of any alcoholic  
            beverage or drug and causing injury (VC § 23153). 
           Driving a vehicle with a blood-alcohol concentration of 0.01  
            percent or greater while on probation for driving under the  
            influence (VC § 23154).
           Possession for sale or distribution of synthetic cannabinoids,  
            as defined (HSC § 11357.5). 
           Possession for sale or sale of specified controlled substances  
            (HSC § 11375).
           Possession for sale or sale of ketamine (HSC § 11379.2).