BILL ANALYSIS Ó AB 1869 Page 1 ASSEMBLY THIRD READING AB 1869 (Melendez and Gray) As Introduced February 10, 2016 Majority vote. Urgency ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |7-0 |Jones-Sawyer, | | | | |Melendez, Lackey, | | | | |Lopez, Low, Quirk, | | | | |Santiago | | | | | | | |----------------+-----+----------------------+--------------------| |Elections |6-1 |Harper, Travis Allen, |Weber | | | |Gordon, Low, Mullin, | | | | |Nazarian | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |20-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Roger | | | | |Hernández, Holden, | | | | |Jones, Obernolte, | | | | |Quirk, Santiago, | | AB 1869 Page 2 | | |Wagner, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Calls for a special election to amend Proposition 47 and make the theft of a firearm grand theft in all cases and punishable by a state prison term. Specifically, this bill: 1)Declares that the theft of a firearm is grand theft in all cases, punishable by imprisonment in the 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. 4)Calls for a special election to be held on November 8, 2016, for voter approval of these provisions. 5)Requires consolidation of the special election with the statewide general election to be held on that date. 6)Requires the consolidated election be held and conducted in all respects as if there were only one election, and only one form of ballot shall be used. EXISTING LAW: AB 1869 Page 3 1)Divides theft into two degrees, petty theft and grand theft. 2)Defines grand theft as when the money, labor, or real or personal property taken is of a value exceeding $950 dollars, except as specified. 3)States that notwithstanding any provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed $950 shall be considered petty theft and shall be punished as a misdemeanor, except in the case where a person has prior serious, violent, or sex convictions, in which case the offense is punished as a felony by imprisonment in the county jail pursuant to realignment. 4)Prohibits carrying a concealed firearm upon the person or in a vehicle, and punishes that crime as a felony under certain circumstances, including if the person is an ex-felon or a gang member, or if the firearm was stolen. 5)Prohibits carrying a loaded firearm on the person or in a vehicle while in any public place or on any public street and punishes that crime as a felony under certain circumstances, including if the person is an ex-felon or a gang member, or if the firearm was stolen. 6)Prohibits any person previously convicted of a felony from owning, purchasing, receiving, possessing, or having in his or her custody a firearm, and punishes that offense as a felony. 7)Deems grand theft involving a firearm to be a serious felony. AB 1869 Page 4 8)States that a felony is a crime that is punishable with death, imprisonment in the state prison, or in the county jail under the provisions of Penal Code Section 1170(h). All other crimes are misdemeanors, except those classified as infractions. FISCAL EFFECT: According to the Assembly Appropriations Committee: 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 ongoing 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: According to the author, "The vast majority of handguns, rifles, and shotguns are valued under $950. By reducing penalties, this would make current law ineffective in curtailing gun theft and gun trafficking. This change in law has put the safety of our constituents at risk. Not only will it be harder to prosecute gun theft, we are essentially giving criminals the green light by lessening the penalty. A criminal doesn't steal a gun to go duck hunting, they steal a gun to commit crimes. "It is important that California continues to enforce a strong stance against the illegal acquisition and use of firearms." AB 1869 Page 5 Analysis Prepared by: Sandy Uribe/ PUB. S. / (916) 319-3744 FN: 0003124