BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1869


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          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


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          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          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: 









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          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.   











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          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."








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          Analysis Prepared by:                     Sandy Uribe/ PUB. S. /  
          (916) 319-3744                                    FN: 0003124