California Legislature—2015–16 Regular Session

Assembly BillNo. 225


Introduced by Assembly Member Melendez

February 3, 2015


An act to amend Section 18200 of the Penal Code, relating to gun violence restraining orders.

LEGISLATIVE COUNSEL’S DIGEST

AB 225, as introduced, Melendez. Gun violence restraining orders: offenses.

Existing law makes it a misdemeanor to file a petition for an ex parte gun violence restraining order or a gun violence restraining order issued after notice and a hearing knowing the information in the petition to be false or with the intent to harass.

This bill would instead provide that it is perjury, a felony punishable by imprisonment in the county jail for 2, 3, or 4 years, to file a petition for one of those gun violence restraining orders knowing the information in the petition to be false. By increasing the penalty for existing crimes, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 18200 of the Penal Code is amended to
2read:

3

18200.  

begin insert(a)end insertbegin insertend insert Every person who files a petition for an ex parte
4gun violence restraining order pursuant to Chapter 3 (commencing
5with Section 18150) or a gun violence restraining order issued
6after notice and a hearing pursuant to Chapter 4 (commencing with
7Section 18170),begin delete knowing the information in the petition to be false
8orend delete
with the intent to harass, is guilty of a misdemeanor.

begin insert

9(b) Every person who files a petition for an ex parte gun violence
10restraining order pursuant to Chapter 3 (commencing with Section
1118150) or a gun violence restraining order issued after notice and
12a hearing pursuant to Chapter 4 (commencing with Section 18170),
13knowing the information in the petition to be false, is guilty of
14perjury and punishable pursuant to Section 126.

end insert
15

SEC. 2.  

No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.



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