Amended in Assembly April 28, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1415

Introduced by Assembly Member Steinorth

(Principal coauthor: Assembly Member Linder)

February 27, 2015

An act to amend Section begin delete 29800 end delete begin insert 29805 end insert of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 1415, as amended, Steinorth. Firearms: felons in possession of firearms.

Existing law makes it a felony for any person who has been convicted of a felony to own, purchase, receive, or have in his or her possession or under custody or control any firearm. Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, reduced certain felonies to misdemeanors. Proposition 47 allows a person who is currently serving a sentence for a conviction of a felony who would have been guilty of a misdemeanor under the proposition to petition for a recall of sentence and permits the court to recall the felony sentence and resentence the petitioner to a misdemeanor, as specified. Proposition 47 also allows a court to designate a felony conviction of a person who has completed his or her sentence as a misdemeanor upon application.

This bill would make it a begin delete felony end delete begin insert public offense end insert 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 the above provisions, begin delete to end delete begin insert to, within 10 years of the recall and resentencing or designation, end insert own, purchase, receive, or have in possession or under custody or control any firearm. begin insert The bill would make a violation of this provision punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. end insert

By creating a new crime, 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:

begin delete

SECTION 1.  

Section 29800 of the Penal Code is amended to
read:

29800.  

(a) (1) A person who has been convicted of a felony
under the laws of the United States, the State of California, or any
other state, government, or country, or of an offense enumerated
in subdivision (a), (b), or (d) of Section 23515, or who is addicted
to the use of any narcotic drug, and who owns, purchases, receives,
or has in possession or under custody or control a firearm is guilty
of a felony.

(2) A person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in possession or under custody or
control a firearm is guilty of a felony.

(b) Notwithstanding subdivision (a), a person who has been
convicted of a felony or of an offense enumerated in Section 23515,
when that conviction results from certification by the juvenile court
for prosecution as an adult in an adult court under Section 707 of
the Welfare and Institutions Code, and who owns or has in
possession or under custody or control a firearm is guilty of a
felony.

(c) A person who was either previously convicted of a felony
and had his or her sentence recalled and was resentenced to a
misdemeanor pursuant to Section 1170.18, or who had his or her
felony conviction designated as a misdemeanor pursuant to Section
1170.18 after completing his or her sentence, and who owns,
purchases, receives, or has in possession or under custody or
control a firearm is guilty of a felony.

(d) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:

(1) Conviction of a like offense under California law can only
result in imposition of felony punishment.

(2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 29805 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

29805.  

begin insert (a) end insert begin insert   end insert Except as provided in Section 29855 or subdivision
(a) of Section 29800, any person who has been convicted of a
misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140,
subdivision (d) of Section 148, Section 171b, paragraph (1) of
subdivision (a) of Section 171c, 171d, 186.28, 240, 241, 242, 243,
243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6,
422, 626.9, 646.9, or 830.95, subdivision (a) of former Section
12100, as that section read at any time from when it was enacted
by Section 3 of Chapter 1386 of the Statutes of 1988 to when it
was repealed by Section 18 of Chapter 23 of the Statutes of 1994,
Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision
(b) or (d) of Section 26100, or Section 27510, or Section 8100,
8101, or 8103 of the Welfare and Institutions Code, any
firearm-related offense pursuant to Sections 871.5 and 1001.5 of
the Welfare and Institutions Code, or of the conduct punished in
subdivision (c) of Section 27590, and who, within 10 years of the
conviction, owns, purchases, receives, or has in possession or under
custody or control, any firearm is guilty of a public offense, which
shall be punishable by imprisonment in a county jail not exceeding
one year or in the state prison, by a fine not exceeding one thousand
dollars ($1,000), or by both that imprisonment and fine. The court,
on forms prescribed by the Department of Justice, shall notify the
department of persons subject to this section. However, the
prohibition in this section may be reduced, eliminated, or
conditioned as provided in Section 29855 or 29860.

begin insert

(b) A person who was either previously convicted of a felony
and had his or her sentence recalled and was resentenced to a
misdemeanor pursuant to Section 1170.18, or who had his or her
felony conviction designated as a misdemeanor pursuant to Section
1170.18 after completing his or her sentence, and who, within 10
years of the recall and resentencing or designation, owns,
purchases, receives, or has in possession or under custody or
control a firearm is guilty of a public offense, which shall be
punishable by imprisonment in a county jail not exceeding one
year or in the state prison, by a fine not exceeding $1,000, or by
both that imprisonment and fine.

end insert

SEC. 2.  

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