BILL ANALYSIS �
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair S
2013-2014 Regular Session B
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SB 759 (Nielsen)
As Amended April 25, 2013
Hearing date: April 30, 2013
Penal Code
SM:mc
STATE MILITARY MUSEUMS
HISTORY
Source: California State Military Museum Foundation
Prior Legislation: AB 1939 (Cox) - Chapter 133, Statutes of 2004
AB 2431 (Steinberg) - Chapter 602, Statutes of 2004
Support: Unknown
Opposition:None known
KEY ISSUES
SHOULD SPECIFIED SECTIONS OF THE PENAL CODE WHICH AUTHORIZE DONATION
OF FIREARMS OR OTHER WEAPONRY TO THE CALIFORNIA NATIONAL GUARD
MILITARY MUSEUM BE AMENDED TO INSTEAD REFER TO THE CALIFORNIA STATE
MILITARY MUSEUM AND RESOURCE CENTER LOCATED IN SACRAMENTO, AND AT
BRANCH MUSEUMS LOCATED AT THE CALIFORNIA NATIONAL GUARD FACILITIES
AT CAMP ROBERTS, CAMP SAN LUIS OBISPO, AND LOS ALAMITOS ARMED FORCES
RESERVE CENTER?
SHOULD ANY STATE AGENCY, COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE
DISTRICT BE AUTHORIZED TO OFFER ANY EXCESS MILITARY WEAPONS OR
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EQUIPMENT, SUCH AS HISTORICAL WAR EQUIPMENT LIKE ARTILLERY, TANKS,
OR ARMORED VEHICLES, TO THE CALIFORNIA STATE MILITARY MUSEUM AND
RESOURCE CENTER OR SPECIFIED BRANCH MUSEUMS?
PURPOSE
The purpose of this bill is to (1) amend specified sections of
the Penal Code which authorize donation of firearms or other
weaponry to the California National Guard military museum to
instead refer to the California State Military Museum and
Resource Center located in Sacramento, and at branch museums
located at the California National Guard facilities at Camp
Roberts, Camp San Luis Obispo, and Los Alamitos Armed Forces
Reserve Center; and (2) provide that any state agency, county,
municipality, or special purpose district may offer any excess
military weapons or equipment, such as historical war equipment
like artillery, tanks, or armored vehicles, to the California
State Military Museum and Resource Center or specified branch
museums.
Current law provides the California State Military Museum and
Resource Center is the official state military museum.
(Government Code � 429.6.)
Current law requires destruction of firearms in the custody of
law enforcement agencies under specified circumstances. (Penal
Code � 34000 et seq., Penal Code � 16580.)
Current law contains certain exceptions to the requirement that
such weapons be destroyed:
An officer having custody of any firearm that may be
useful to the California National Guard, the Coast Guard
Auxiliary, or to any military or naval agency of the
federal or state government, including, but not limited to,
the California National Guard military museum and resource
center, may, upon the authority of the legislative body of
the city, city and county, or county by which the officer
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is employed and the approval of the Adjutant General,
deliver the firearm to the commanding officer of a unit of
the California National Guard, the Coast Guard Auxiliary,
or any other military agency of the state or federal
government, in lieu of destruction as required by any of
the provisions listed in Section 16580.
The officer delivering a firearm pursuant to this
subdivision shall take a receipt for it, which contains a
complete description of the firearm, and shall keep the
receipt on file in his or her office as a public record.
(Penal Code � 34005(a).)
Any firearm, or part of any firearm, which, rather than
being destroyed, is used for official purposes pursuant to
this section, shall be destroyed by the agency using the
weapon when it is no longer needed by the agency for use in
carrying out its official duties.
Firearms or weaponry donated to the California National
Guard military museum and resource center may be disposed
of pursuant to Section 179 of the Military and Veterans
Code. (Penal Code � 34005)(c).)
This bill would amend specified sections of the Penal Code which
authorize donation of firearms or other weaponry to the
California National Guard military museum to instead refer to
the California State Military Museum and Resource Center located
in Sacramento, and at branch museums located at the California
National Guard facilities at Camp Roberts, Camp San Luis Obispo,
and Los Alamitos Armed Forces Reserve Center.
This bill would provide that any state agency, county,
municipality, or special purpose district may offer any excess
military weapons or equipment, such as historical war equipment
like artillery, tanks, or armored vehicles, to the California
State Military Museum and Resource Center or any branch museum,
as specified.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
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For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation
relating to conditions of confinement. On May 23, 2011, the
United States Supreme Court ordered California to reduce its
prison population to 137.5 percent of design capacity within two
years from the date of its ruling, subject to the right of the
state to seek modifications in appropriate circumstances.
Beginning in early 2007, Senate leadership initiated a policy to
hold legislative proposals which could further aggravate the
prison overcrowding crisis through new or expanded felony
prosecutions. Under the resulting policy known as "ROCA" (which
stands for "Receivership/ Overcrowding Crisis Aggravation"), the
Committee held measures which created a new felony, expanded the
scope or penalty of an existing felony, or otherwise increased
the application of a felony in a manner which could exacerbate
the prison overcrowding crisis. Under these principles, ROCA
was applied as a content-neutral, provisional measure necessary
to ensure that the Legislature did not erode progress towards
reducing prison overcrowding by passing legislation which would
increase the prison population. ROCA necessitated many hard and
difficult decisions for the Committee.
In January of 2013, just over a year after the enactment of the
historic Public Safety Realignment Act of 2011, the State of
California filed court documents seeking to vacate or modify the
federal court order issued by the Three-Judge Court three years
earlier to reduce the state's prison population to 137.5 percent
of design capacity. The State submitted in part that the, ". .
. population in the State's 33 prisons has been reduced by over
24,000 inmates since October 2011 when public safety realignment
went into effect, by more than 36,000 inmates compared to the
2008 population . . . , and by nearly 42,000 inmates since 2006
. . . ." Plaintiffs, who opposed the state's motion, argue in
part that, "California prisons, which currently average 150% of
capacity, and reach as high as 185% of capacity at one prison,
continue to deliver health care that is constitutionally
deficient." In an order dated January 29, 2013, the federal
court granted the state a six-month extension to achieve the
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137.5 % prisoner population cap by December 31st of this year.
In an order dated April 11, 2013, the Three-Judge Court denied
the state's motions, and ordered the state of California to
"immediately take all steps necessary to comply with this
Court's . . . Order . . . requiring defendants to reduce overall
prison population to 137.5% design capacity by December 31,
2013."
The ongoing litigation indicates that prison capacity and
related issues concerning conditions of confinement remain
unresolved. However, in light of the real gains in reducing the
prison population that have been made, although even greater
reductions are required by the court, the Committee will review
each ROCA bill with more flexible consideration. The following
questions will inform this consideration:
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whether a measure erodes realignment;
whether a measure addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
whether a bill corrects a constitutional infirmity or
legislative drafting error;
whether a measure proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy; and
whether a bill addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy.
COMMENTS
1. Need for This Bill
According to the author:
Current law does not reflect the proper name of the
California State Military Museum. It refers to a
previous name. This makes it difficult for law
enforcement agencies that may have historical or
militarily significant weapons which can be turned
over to the California National Guard for display in
the museum, to know who to contact.
2. Background - The California State Military Museum and Resource
Center
According to its website:
The California State Military Museum is located at
1119 Second Street in the Old Sacramento State
Historical Park. It is only a few minutes walk from
the State Capital, the California State Railroad
Museum and several other fine museums, parks, and
tourist attractions. The museum, opened by Governor
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Pete Wilson in 1991, is the official military museum
and historical research center of the State of
California. This was reinforced on 11 September 2002
when Governor Gray Davis signed legislation making the
museum a permanent museum under the California State
Military Department and providing permanent funding
for the museum. Finally on 13 July 2004, Governor
Arnold Schwarzenegger signed legislation to amend the
Government Code to make the museum the state's
official military museum:
I am signing AB 1939 which establishes the
California State Military Museum and Resource
Center located in Sacramento, California as the
official military museum because I believe that
it is very important to preserve California's
storied military heritage.
- Governor Arnold
Schwarzenegger in his message to the State
Assembly, 13 July 2004.
Today the museum houses over 33,000 artifacts as well
a substantial library and archives. In addition to
the main facility in Sacramento, the museum also has
three satellite museums at Camp Roberts in Monterey
County, Camp San Luis Obispo in San Luis Obispo
County, and the Los Alamitos Joint Forces Training
Base (under development) in Orange County. We also
oversee non-public Regimental Rooms at the San Diego
Armory and other National Guard facilities across the
state. (http://www.militarymuseum.org/)
3. Donations of Firearms to the California State Military Museum
and Resource Center
Current law requires destruction of firearms that have been
seized or abandoned and are in the custody of law enforcement
agencies, with specified exceptions. (Penal Code � 34000 et
seq.) One exception allowed in current law is that such weapons
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may be donated to the California National Guard military museum.
(Penal Code � 34005.) This bill would amend the sections of
the Penal Code which authorize donation of firearms or other
weaponry to the California National Guard military museum to
instead refer to the California State Military Museum and
Resource Center.
This bill would also allow any state agency, county,
municipality, or special purpose district to offer any excess
military weapons or equipment, such as historical war equipment
such as artillery, tanks, or armored vehicles, to the California
State Military Museum and Resource Center or any branch museum,
as specified.
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