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).