BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 755|
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VETO
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 : 45-28, 9/11/13 - See last page for vote
SENATE FLOOR : 25-12, 9/12/13
AYES: Block, Calderon, Cannella, Corbett, DeSaulnier, Evans,
Galgiani, Hancock, Hernandez, Hill, Hueso, Jackson, Lara,
Leno, Lieu, Liu, Monning, Padilla, Pavley, Roth, Steinberg,
Torres, Wolk, Wright, Yee
NOES: Anderson, Berryhill, Correa, Emmerson, Fuller, Gaines,
Huff, Knight, Nielsen, Vidak, Walters, Wyland
NO VOTE RECORDED: Beall, De León, Vacancy
CONTINUED
SB 755
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2
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
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.
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.
CONTINUED
SB 755
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3
1.Requires that firearms dealers obtain certain identifying
information from firearms purchasers and forward that
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.
CONTINUED
SB 755
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4
1.Specifies that persons prohibited from possessing a firearm by
two or more of the substance abuse-related misdemeanors shall
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.
CONTINUED
SB 755
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5
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 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
Century Council
Christy Lynn Wilson Foundation
Clue California
Credo Action
Crime Victims Action Alliance
Democrat Women of Santa Barbara County
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
Neighbors Untied to Protect our Communities
Orange County Chapter of the Brady Campaign to Prevent Gun
CONTINUED
SB 755
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6
Violence
Orange County Democrats
PICO California
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
GOVERNOR'S VETO MESSAGE:
I am returning Senate Bill 755 without my signature.
This bill adds substance-abuse offenses and court orders to
undergo mental health outpatient treatment to criteria that
result in a 10-year prohibition on firearms possession.
I am not persuaded that it is necessary to bar gun ownership
on the basis of crimes that are non-felonies, non-violent and
do not involve misuse of a firearm.
ASSEMBLY FLOOR : 45-28, 9/11/13
AYES: Alejo, Ammiano, Atkins, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Daly,
Dickinson, Eggman, Fong, Garcia, Gatto, Gomez, Gonzalez,
Gordon, Hall, Roger Hernández, Holden, Jones-Sawyer, Levine,
Lowenthal, Medina, Mitchell, Muratsuchi, Nazarian, Pan, Perea,
V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Skinner, Stone,
Ting, Weber, Wieckowski, Williams, John A. Pérez
NOES: Achadjian, Allen, Bigelow, Chávez, Conway, Dahle,
Donnelly, Fox, Frazier, Beth Gaines, Gorell, Grove, Hagman,
Harkey, Jones, Linder, Logue, Maienschein, Mansoor, Melendez,
CONTINUED
SB 755
Page
7
Morrell, Nestande, Olsen, Patterson, Salas, Wagner, Waldron,
Wilk
NO VOTE RECORDED: Chesbro, Cooley, Gray, Mullin, Yamada,
Vacancy, Vacancy
JG:ndk 1/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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CONTINUED