BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 755
                                                                  Page  1

          Date of Hearing:   August 30, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    SB 755 (Wolk) - As Amended:  August 21, 2013 

          Policy Committee:                             Public  
          SafetyVote:4-2 

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill:

          1)Adds numerous offenses to the list of offenses that result in  
            a 10-year prohibition on gun possession, and provides that  
            violation of two or more specified misdemeanors related to  
            substance abuse within a three-year period results in a  
            10-year prohibition on gun possession. 

            (Possession of a gun by a prohibited person is punishable by  
            up to one year in county jail, or 16 months, two, or three  
            years in state prison, and/or a fine of up to $1,000. This  
            offense is not eligible for county jail incarceration pursuant  
            to correctional realignment.)

          2)Provides that a person ordered into outpatient treatment due  
            to mental illness, as specified, is prohibited from gun  
            possession while subject to outpatient treatment.

          3)Requires the court to notify persons subject to gun possession  
            prohibition on forms prescribed by DOJ.  

           FISCAL EFFECT

           1)One-time special fund (Dealer Record of Sales (DROS)) costs in  
            the range of $300,000 over two years to the Department of  
            Justice (DOJ) for upgrades to the Mental Health Reporting  
            System, the Mental Health Firearms Prohibition System, the  
            Consolidated Firearms Information System, and the Armed  
            Prohibited Persons System (APPS).









                                                                  SB 755
                                                                  Page  2

          2)Unknown, potentially significant GF and/or special fund  
            enforcement costs to DOJ, likely in the hundreds of thousands  
            of dollars, as a result of a potentially significant increase  
            in persons on APPS. (In May DOJ received a $24 million  
            appropriation (SB 140, Leno) for a three-year effort to reduce  
            the number of guns held by about 20,000 persons on APPS.) 

          3)Unknown annual GF costs, potentially in the hundreds of  
            thousands of dollars, for additional state prison commitments.  
             This bill adds numerous predicate offenses for the gun   
            prohibition. For every 10 new commitments who serve one year  
            in state prison, the annual costs will be about $250,000.

            In June 20, 2013, a U.S District Court three-judge panel  
            ordered California to reduce its prison population by about  
            9,000 inmates. The judges took the extreme step of waiving all  
            state and local laws and regulations that might interfere with  
            the order to allow the administration to begin to release  
            inmates. 

          4)Unknown annual nonreimbursable local correctional costs,  
            potentially in the hundreds of thousands of dollars, for  
            additional state prison commitments. For every 10 new  
            misdemeanor commitments who violate the gun possession  
            prohibition and serve one year in state prison, the annual  
            costs will be about $25,000.

          5)Unknown potentially moderate state trial court costs, likely  
            in the range of $100,000, to notify DOJ of persons subject to  
            the gun prohibition.  

           SUMMARY, CONTINUED  

          Specifically this bill:

          1)Adds a series of offenses to those that trigger a 10-year  
            prohibition on gun possession:

             a)   Obstructing or resisting an executive office by force or  
               threat of force.
             b)   Removing a weapon from the presence of a peace officer  
               while resisting arrest.
             c)   Active participation in a criminal street gang.
             d)   Hazing
             e)   Gun sale without a license.








                                                                  SB 755
                                                                  Page  3

             f)   Ammunition sale to an underage person.
             g)   Possession of ammunition by a person prohibited from  
               possessing a gun.
             h)   Sale or supplying ammunition to a person prohibited from  
               possessing a gun.
             i)   Bringing ammunition on school grounds.
             j)   Carrying a concealed gun when the person has been  
               convicted of a drug offense or crime against a person or  
               property.
             aa)  Carrying a concealed gun when the gun was loaded and not  
               registered to the possessee.
             bb)  Carrying a loaded gun in public when the person has been  
               convicted of a drug offense or a crime against a person or  
               property.

          2)Provides that any person convicted of a misdemeanor violation  
            of two or more of the following offenses within a three-year  
            period, and who, within 10 years of the second conviction,  
            possesses a gun, as specified, is guilty of an infraction:  

             a)   Possession for sale or distribution of synthetic  
               cannabinoids.
             b)   Possession for sale or sale of specified controlled  
               substances.
             c)   Being under the influence of any controlled substance.
             d)   Vehicular manslaughter while intoxicated.
             e)   Public intoxication.
             f)   Driving a vehicle under the influence.  
             g)   Driving a vehicle under the influence and causing  
               injury.

          3)Provides that any person prohibited from possessing a gun as a  
            result of the offenses referenced in 2), above, who is  
            subsequently convicted of a misdemeanor violation of one of  
            these offenses during the prohibited period, and who, within  
            10 years of that subsequent offense possesses a gun, is guilty  
            of an offense punishable by up to one year in county jail  
            and/or a fine of up to $1,000, or 16 months, two, or three  
            years in state prison. 

          COMMENTS

           1)Rationale  . According to the author, "SB 755 adds a consequence  
            for those who are convicted of dangerous and irresponsible  
            behavior: give up your gun for 10 years.  The easiest away to  








                                                                  SB 755
                                                                  Page  4

            avoid that consequence is not to break the law.  It's that  
            simple."

           2)Support  includes a list of various gun safety groups and other  
            entities, such as L.A. District Attorney's Office, who contend  
            this bill will deter gun violence.  

            According to the California Chapters of the Brady Campaign to  
            Prevent Gun Violence, "Senate Bill 755 also adds to the class  
            of prohibited persons those who have been convicted of two or  
            more drug or alcohol related offenses within a three year  
            period. Both State and federal law prohibit persons who are  
            addicted to narcotics from possessing firearms but this law is  
            not particularly effective because there is no data base of  
            addicted persons. The law is completely silent with regard to  
            alcohol abuse and firearm possession.

            "The journal Injury Prevention reports that, 'there is a large  
            body of scientific evidence that people who abuse alcohol or  
            illicit drugs are at increased risk of committing acts of  
            violence or self harm.'  If drug and alcohol abusers are at  
            higher risk of committing violence, then it stands to reason  
            that these individuals should also be prohibited from  
            possessing firearms.  A follow up study by Dr. Garen Wintemute  
            found that firearm owners were more likely than non firearm  
            owners to have more than five drinks on one occasion, to drink  
            and drive and to have more than 60 drinks in one month.   
            Further, he found that heavy alcohol use was most common among  
            firearm owners who engaged in behaviors such as carrying a  
            firearm for protection against other people and keeping a  
            firearm at home that was both loaded and not locked away.  We  
            believe that adding drug and alcohol related offenses as a  
            prohibited category for firearm possession would add  
            significantly to public safety."

           3)Opposition  includes CA Attorneys for Criminal Justice, the CA  
            Public Defenders Association, and gun-related groups, such as  
            the National Rifle Association and the CA Pistol and Rifle  
            Association, who challenge the nexus of these offenses to gun  
            violence. 

            According to the California Public Defenders Association  
            (CDPA), "If the purpose of the bill is to limit persons, who  
            because of their conviction of these crimes, makes it more  
            dangerous for them to possess a firearm, hence, a firearm  








                                                                  SB 755
                                                                  Page  5

            control bill, this bill misses the mark because it adds  
            offenses to the firearms ban which have no nexus to either  
            firearm use or dangerousness. 

            "For example, the bill would add to the list of offenses that  
            trigger the 10-year ban on firearm possession, a number of  
            Vehicle Code violations, such as two convictions for driving  
            under the influence (VC 23152 or VC 23153), or simply being  
            drunk in public (PC 647(f)). None of these offenses have any  
            nexus to firearms, or their use. None of these offenses are of  
            the type that would make possession of a firearm more  
            dangerous to the public.

            "On the other hand, the purpose of this bill may be to simply  
            increase penalties for conviction of the added offenses.  
            Unfortunately, the increased penalty of a 10-year firearm  
            possession ban has no real deterrent effect to people  
            committing these offenses. If that were the purpose, why not  
            take away the right to vote for people convicted of the added  
            offenses? Why the right to possess a firearm? Again, there is  
            no nexus between the proposed additional penalty and the  
            offense itself.

           4)Current  law prohibits persons who have been convicted of  
            specific crimes from owning or possessing guns. Any person  
            convicted of a felony, or specified crimes involving the use  
            of a gun, or anyone addicted to a narcotic drug, is prohibited  
            for life from possessing a gun under federal and state law.  
            State law also imposes a 10-year gun prohibition on persons  
            convicted of numerous misdemeanor offenses that involve  
            violence. Additionally, any person found to be a danger to  
            self or others due to mental illness is subject to a five-year  
            prohibition, and persons under domestic violence restraining  
            orders are subject to a prohibition for the duration of the  
            court order.

            Current law requires DOJ to maintain an online database known  
            as the Armed Prohibited Persons System (APPS) to  
            cross-reference gun owners and those who subsequently fall  
            within a prohibited class.   

           

          Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081 









                                                                  SB 755
                                                                  Page  6