BILL ANALYSIS Ó
AB 150
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Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
150 (Melendez) - As Amended March 18, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill requires an initiative statute be put before the
voters to amend Proposition 47 to make the theft of a firearm,
valued at $950 or less, a felony. Specifically, this bill:
AB 150
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1)Includes theft of a firearm, without regard to dollar value,
in the definition of grand theft, and makes the crime
punishable in state prison for 16 months, or two or three
years.
2)States that every person who buys or receives a stolen firearm
is guilty of an alternate felony/misdemeanor offense
punishable by imprisonment in the county jail for a period of
not more than one year, or by imprisonment in the county jail
pursuant to realignment.
3)Provides that this bill amends Proposition 47, the Safe
Neighborhoods and Schools Act, and shall become effective only
when submitted to and approved by the voters.
FISCAL EFFECT:
1)One-time General Fund (GF) costs of at least $220,000 to
include a measure on the statewide ballot. The current
estimate for including a measure on the ballot is
approximately $55,000 per page and this measure will require
at least four pages, in the voter information guide.
2)Likely minor GF costs for increased state prison commitments
for persons with a current or prior violent felony conviction
who are convicted of buying or receiving a stolen firearm.
The universe of these individuals is expected to be very
small, there are several statutes providing for conduct
related to firearm possession.
COMMENTS:
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1)Background. Proposition 47, also known as the Safe
Neighborhoods and Schools Act, was approved by the voters in
November 2014. Proposition 47 reduced the penalties for
certain drug and property crimes. Specifically, the
initiative reduced the penalties for theft, shoplifting,
receiving stolen property, writing bad checks, and check
forgery valued at $950 or less from felonies to misdemeanors.
However, the measure limited the reduced penalties to
offenders who do not have prior convictions for serious or
violent felonies and who are not required to register as sex
offenders.
Proposition 47 put in a blanket $950 threshold for conduct to
be considered grand theft. Previously, there were a number of
carve-outs which made conduct grand theft based on the conduct
involved or the manner in which the crime is committed or
based on the value being less than $950. However, the
drafters of Proposition 47 stated that they did not intend to
reduce the penalty for the theft of a firearm. The rebuttal
to the argument against Proposition 47 contained in the ballot
arguments stated: "Proposition 47 maintains penalties for gun
crimes. Under Prop. 47, possessing a stolen concealed gun
remains a felony. Additional felony penalties to prevent
felons and gang members from obtaining guns also apply."
2)Purpose. This bill restores the penalties that were in place
prior to the passage of Proposition 47 by making theft of a
firearm a felony grand theft in all cases, and making buying
or receiving a stolen firearm a felony/misdemeanor offense.
However, the proposed amendments to statute do require a
simple majority of the electorate at the next statewide
election, after enactment of this measure.
3)Argument in Support. A co-sponsor, the California Peace
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Officers Association (CPOA), states, "Firearm theft does not
occur for culprits to recreationally use the weapons, but
further crimes such as robbery, burglary, assault, and illegal
firearms dealing are most often the acts associated with
firearm theft. AB 150 provides a reasonable solution to this
problem, and CPOA believes it to be a solution that is common
sense and bipartisan."
4)Argument in Opposition. According to the California Attorneys
for Criminal Justice, "Proposition 47 opponents' biggest and
loudest argument was that Proposition 47 should not be passed
because it would make theft of a firearm a misdemeanor. That
message was seen on billboards, flyers, mailers and TV
commercials throughout the State. In the face of this
opposition Proposition 47 still passed. The people of
California want to spend their tax dollars on safe
neighborhoods and schools not prosecuting and incarcerating
people who commit drug and low value theft crimes."
5)Related Legislation:
a) AB 46 (Lackey) would reverse provisions recently enacted
by Proposition 47 related to possession for personal use of
specified controlled substances.
b) AB 390 (Cooper) would require persons convicted of
crimes newly categorized as misdemeanors under Proposition
47 to provide DNA samples.
c) AB 1415 (Steinorth) would make it a felony for a person
who has had his or her felony conviction recalled and has
been resentenced to a misdemeanor, or who has had a felony
designated as a misdemeanor, pursuant to Proposition 47, to
control any firearm.
d) SB 333 (Galgiani) is substantially similar to AB 46
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(Lackey).
e) SB 452 (Galgiani) is substantially similar to this bill,
but also addresses the crime of grand theft from the
person.
Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081