BILL ANALYSIS Ó
AB 1869
Page 1
ASSEMBLY THIRD READING
AB
1869 (Melendez and Gray)
As Introduced February 10, 2016
Majority vote. Urgency
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|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:
AB 1869
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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.
AB 1869
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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."
AB 1869
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Analysis Prepared by: Sandy Uribe/ PUB. S. /
(916) 319-3744 FN: 0003124