BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 755
          Author:   Wolk (D), et al.
          Amended:  9/6/13
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  5-2, 4/16/13
          AYES:  Hancock, Block, De León, Liu, Steinberg
          NOES:  Anderson, Knight

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 5/23/13
          AYES:  De León, Hill, Lara, Padilla, Steinberg
          NOES:  Walters, Gaines

           SENATE FLOOR  :  25-12, 5/29/13
          AYES:  Beall, Block, Calderon, Cannella, Corbett, De León,  
            DeSaulnier, Evans, Galgiani, Hancock, Hernandez, Hill,  
            Jackson, Lara, Leno, Lieu, Liu, Monning, Padilla, Pavley,  
            Price, Roth, Steinberg, Wolk, Yee
          NOES:  Anderson, Berryhill, Correa, Emmerson, Fuller, Gaines,  
            Hueso, Huff, Knight, Nielsen, Walters, Wyland
          NO VOTE RECORDED:  Torres, Wright, Vacancy

           ASSEMBLY FLOOR  :  Not available


           SUBJECT  :    Firearms:  prohibited persons

           SOURCE  :     Author


           DIGEST  :    This bill adds specified offenses to the list of  
          misdemeanors that result in a 10-year prohibition on firearms  
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          and ammunition possession, and adds certain misdemeanors related  
          to substance abuse for which a violation of two or more within a  
          three-year period will result in a 10-year prohibition on  
          firearms possession.

           Assembly Amendments  limit the bill to only the portion related  
          to those convicted of two or more specified alcohol or drug  
          crimes within a two-year period and limit the penalty to an  
          infraction of a maximum $250 fine for a possession, and  
          double-joint the bill with AB 1131 (Skinner).  

           ANALYSIS  :    Existing law:

          1.Provides that certain people are prohibited from owning or  
            possessing a firearm.  This includes:

             Lifetime Ban
                  Anyone convicted of a felony;
                 Anyone addicted to a narcotic drug;
                 Any juvenile convicted of a violent crime with a gun and  
               tried in adult court;
                 Any person convicted of a federal crime that would be a  
               felony in California and sentenced to more than 30 days in  
               prison, or a fine of more than $1,000; 
                 Anyone convicted of certain violent misdemeanors, e.g.,  
               assault with a firearm; inflicting corporal injury on a  
               spouse or significant other, brandishing a firearm in the  
               presence of a police officer. 

             10-Year Ban
                  Anyone convicted of numerous misdemeanors involving  
               violence or threats of violence. 
            
             5-Year Ban
                  Anyone convicted of specified misdemeanors;
                 Any person taken into custody, assessed, and admitted to  
               a designated facility due to that person being found to be  
               a danger to themselves or others as a result of a mental  
               disorder, is prohibited from possessing a firearm during  
               treatment and for five years from the date of their  
               discharge. 

          1.Requires that firearms dealers obtain certain identifying  
            information from firearms purchasers and forward that  

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            information, via electronic transfer to Department of Justice  
            (DOJ) to perform a background check on the purchaser to  
            determine whether he/she is prohibited from possessing a  
            firearm. 

          2.Specifies that the Attorney General maintains an online  
            database known as the Armed Prohibited Persons File.

          This bill:

          1.Provides that any person convicted of a misdemeanor violation  
            of two or more of the following offenses within a three-year  
            period (or two or more of any one of the following offenses)  
            and who, within 10 years of the second conviction, owns,  
            purchases, receives or has in his/her possession or under  
            his/her custody or control, any firearm or ammunition, is  
            guilty of an infraction and subject to a fine of up to $250: 

             A.   Being under the influence of any controlled substance. 

             B.   Vehicular manslaughter while intoxicated. 

             C.   Public intoxication. 

             D.   Driving a vehicle under the influence of any alcoholic  
               beverage or drug. 

             E.   Driving a vehicle under the influence of any alcoholic  
               beverage or drug and causing injury. 

             F.   Driving a vehicle with a blood-alcohol concentration of  
               0.01% or greater while on probation for driving under the  
               influence. 

             G.   Possession for sale or distribution of synthetic  
               cannabinoids, as defined. 

             H.   Possession for sale or sale of specified controlled  
               substances. 

             I.   Possession for sale or sale of ketamine. 

          1.Specifies that persons prohibited from possessing a firearm by  
            two or more of the substance abuse-related misdemeanors shall  

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            be punished by an infraction. 

          2.Requires the court to notify persons subject to these firearms  
            prohibitions on forms prescribed by DOJ and is subsequently  
            convicted of another specified substance abuse-related  
            misdemeanor is subject to an additional 10-year ban from  
            firearm and ammunition possession. Violation of that 10-year  
            prohibition is punishable by an infraction. 

          3.Provides that person ordered into outpatient treatment due to  
            mental illness, as specified, will be prohibited from  
            possessing firearms while subject to assisted outpatient  
            treatment. 

          4.Specifies that courts shall notify DOJ when a person has  
            previously been adjudicated a mentally disordered offender has  
            been issued a certificate authorizing them to possess a deadly  
            weapon. 

          5.States that no person who has been ordered by a court to  
            receive out-patient mental health treatment, as specified, may  
            possess a deadly weapon.  Additionally requires courts to  
            notify DOJ of the court order placing the person in  
            out-patient treatment and the prohibition within two days of  
            the issuance of the order, as well as when the person is no  
            longer subject to out-patient treatment. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

           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  

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            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 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 Special Account
          ** Trial Court Fund

           SUPPORT  :   (Verified  9/10/13)

          AAUW of California
          AAUW, Santa Barbara - Goleta Valley Branch
          AAUW, Santa Maria Branch
          ADL, Anti-Defamation League 
          Alliance of Automobile Manufactures
          Auburn Area Democratic Club
          Bend the Arc: Jewish Partnership for Justice
          California Church Impact
          California Federation of Teachers
          California Police Chiefs Association
          California State Sheriffs' Association
          Century Council
          Christy Lynn Wilson Foundation
          Clue California
          Credo Action
          Crime Victims Action Alliance
          Crime Victims United California
          Democrat Women of Santa Barbara County
          Diageo
          Distilled Spirits Council of the United States
          Doctors for America
          Laguna Woods Democratic Club
          Los Angeles Mayor Antonio R. Villaraigosa
          Los Angeles Police Department Chief Charlie Beck
          Moms Demand Action for Gun Sense in America
          National Council of Jewish Women

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          National Transportation Safety Board
          Neighbors Untied to Protect our Communities
          Orange County Chapter of the Brady Campaign to Prevent Gun  
          Violence
          Orange County Democrats
          Peace Officers Research Association of California
          PICO California
          San Bernardino County Sheriff
          Santa Barbara Rape Crises Center
          Sisters of St. Joseph of Orange
          South County Citizens Against Gun Violence, Orange County
          Stop Gun Violence
          Tri-Cities Democratic Forum
          Tri-City Interfaith Council
          Violence Policy Center
          Violence Prevention Coalition of Greater Los Angeles 
          Violence Prevention Coalition of Orange County
          Women For:  Orange County

           OPPOSITION  :    (Verified  9/10/13)

          California Attorneys for Criminal Justice
          California DUI Lawyers Association
          Disability Rights California

          JG:nl:d  9/11/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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