BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1869 (Melendez) - Theft: firearms ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: February 10, 2016 |Policy Vote: PUB. S. 6 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: June 27, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 1869 would call for a special election to amend Proposition 47 and make the theft of a firearm grand theft in all cases, punishable by a state prison term, as specified. Additionally, this bill provides 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 up to one year, or by imprisonment in the county jail or state prison for 16 months, two years, or three years, as specified. Fiscal Impact: Ballot costs : One-time costs in the range of $414,000 to $552,000 (General Fund) to the Secretary of State (SOS) for printing and mailing costs to place the measure on the ballot in the next statewide election. State prisons : To the extent the voters approve the amendments to the Proposition, significant increase in state AB 1869 (Melendez) Page 1 of ? incarceration costs potentially in the millions of dollars (General Fund) annually for (1) felony convictions for theft of a firearm, (2) felony convictions for receipt of a stolen firearm for persons with a current or prior serious or violent felony conviction, and (3) potential future violations of the lifetime firearms ban imposed for these felony convictions that otherwise may have been charged as misdemeanors. Staff notes commitments to state prison for both (1) theft of a firearm and (2) receipt of stolen property as a principal offense decreased by about 70 percent after passage of Proposition 47. To the extent some defendants continue to be committed to prison for other felony convictions, while not resulting in new commitments, this bill could result in longer prison sentences for these cases. County jails : To the extent the voters approve the amendments to the Proposition, potentially major increase in non-reimbursable local costs (Local Funds) for felony jail sentences for receipt of stolen property violations that previously would have been subject to misdemeanor penalties, offset in minor part due to fewer jail terms for petty theft of a firearm that would be subject to a state prison term. Reduction in Proposition 47 savings : Potential reduction in future funds allocated to the Safe Neighborhoods and Schools Fund (SNSF) to the extent raising the criminal penalties for the specified firearm offenses results in a reduction in future calculated savings under Proposition 47 by the Department of Finance. Department of Justice (DOJ) : Potentially significant increase in DOJ administration and enforcement costs in the hundreds of thousands of dollars (Special Fund*) due to increases to the Armed Prohibited Persons System (APPS) list resulting from the expanded application of the lifetime firearms prohibition. *Dealers Record of Sale Special Account (DROS) - Staff notes the DROS is structurally imbalanced, with less than a $1 million reserve balance projected by year-end FY 2016-17. Current revenues to the DROS Account may be insufficient to cover the costs of this bill in conjunction with the numerous other legislative measures requiring funding from the DROS Account, should they be enacted. As a result, an appropriation from an alternate fund source, potentially the General Fund, may be required to support the costs of this measure. AB 1869 (Melendez) Page 2 of ? Background: Proposition 47, also known as the Safe Neighborhoods and Schools Act, was approved by the voters in November 2014. Proposition 47 reduced the penalties for certain drug and property crimes and directed that the resulting state savings be directed to mental health and substance abuse treatment, truancy and dropout prevention, and victims' services. The initiative reduced the penalties for theft, shoplifting, receiving stolen property, writing bad checks, and check forgery valued at $950 or less from felonies to misdemeanors. The measure limited the reduced penalties to offenders who do not have prior convictions for serious or violent felonies and who are not required to registered sex offenders. Grand Theft of a Firearm Proposition 47 added Penal Code § 490.2, which by virtue of specifically defining petty theft, narrowed the pre-existing provisions that constituted grand theft, as follows: "Notwithstanding Section 487 or any other 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 nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor ?.." (PC § 490.2 (a).) In other words, Proposition 47 put in a blanket $950 threshold for conduct to be classified as grand theft. Previously, there were a number of carve-outs which constituted grand theft based on the conduct involved, the manner in which the crime was committed, or the type of property stolen, irrespective of its value. Because the new statute specifically includes the phrase, "Notwithstanding Section 487," it supersedes all of Penal Code § 487, including subdivision (d)(2), which specifies that grand theft occurs when the property taken is a firearm. Receipt/Purchase of a Stolen Firearm Under existing law, knowingly purchasing or receiving any stolen property is an alternate felony-misdemeanor, punishable by imprisonment in a county jail for not more than one year, or by imprisonment in county jail or state prison for 16 months, two or three years. Prior to the passage of Proposition 47, in cases where the value of the property did not exceed $950, the district attorney or grand jury could specify in the accusatory pleading that the offense shall be a misdemeanor. Proposition 47 AB 1869 (Melendez) Page 3 of ? amended this section of law to specify that in all cases in which the value of the property (including a firearm) does not exceed $950, the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if such person has no prior convictions for a serious or violent felony or an offense requiring registration as a sex offender. Proposed Law: This bill would call 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: 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. 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 for 16 months, two or three years (or state prison in the defendant has a current or prior serious or violent felony conviction or a conviction for an offense requiring sex offender registration). Calls for a special election to be held on November 8, 2016, for voter approval of these provisions. Requires consolidation of the special election with the statewide general election to be held on that date. 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. Related Legislation: AB 1176 (Cooper) 2016 is substantially similar to this measure but additionally includes a provision specifying a misdemeanor firearms violation results in a 10-year prohibition from possession of a firearm. AB 1176 is pending on the Assembly Floor. AB 1869 (Melendez) Page 4 of ? AB 2854 (Cooper) 2016 is virtually identical to this measure. AB 2854 failed passage in the Assembly Committee on Public Safety. Prior Legislation: AB 150 (Melendez) 2015 was virtually identical to this measure. AB 150 was held on the Suspense File of the Assembly Committee on Appropriations. SB 452 (Galgiani) 2015 would have clarified that theft of a firearm is grand theft and is punishable as a felony, as specified. SB 452 was not set for hearing in this Committee. Staff Comments: Special Election The SOS has indicated that printing and mailing costs associated with placing a measure on the statewide ballot are approximately $69,000 per page, depending on the length of the ballot. This fiscal estimate of $414,000 to $552,000 (General Fund) reflects the costs for the addition of six to eight pages in the Voter Information Guide. Actual costs would depend upon the length of the title and summary, analysis by the Legislative Analyst's Office, proponent and opponent arguments, and text of the proposal. Theft of a firearm - grand theft in all cases By specifying the theft of a firearm is grand theft in all cases, this bill could result in additional or longer commitments to state prison. Data from the CDCR indicates a reduction of over 70 percent (29 commitments in 2014, 8 commitments in 2015) in the number of commitments to state prison for theft of a firearm as a principal offense. To the extent this bill results in a comparable increase in commitments to prison over the decrease experienced post-Proposition 47, annual costs could increase by over $600,000 annually based on the contract bed rate of $29,000 per inmate. To the extent the defendants formerly committed for theft of a firearm as a principal offense continue to be committed to prison under other felony offenses would not result in new commitments but could potentially result in longer prison sentences for these cases. Purchase or receipt of a stolen firearm AB 1869 (Melendez) Page 5 of ? This bill increases the penalty for purchase or receipt of a stolen firearm to an alternative felony/misdemeanor offense in all cases, irrespective of the value of the stolen firearm, punishable by up to one year in county jail or by 16 months, two or three years in county jail or state prison dependent on the defendant's criminal history. As a result, this bill could result in cost increases to both state prisons and county jails for felony convictions for violations that previously would have been subject to a misdemeanor charge should the firearm be valued under $950. Data from the DOJ reflects a 47 percent decrease in felony arrests for receipt of stolen property from 2014 (33,310 arrests) to 2015 (17,689 arrests), and over a 100 percent increase in misdemeanor arrests over the same period. Likewise felony convictions decreased by nearly 65 percent. Data from the CDCR indicates a decrease of nearly 69 percent for commitments to state prison for receipt of stolen property as a principal offense (396 commitments in 2014, and 123 commitments in 2015). Although the number of commitments specific to receipt of a stolen firearm is unknown, it is likely some portion of these offenses would be impacted. Assuming 20 percent of the reduction in cases was attributable to stolen firearms, costs for state incarceration could increase by about $1.6 million per year. To the extent the percentage of cases is higher or lower, the impact to state prison costs could vary greatly. Lifetime firearms ban To the extent the two provisions above - theft of a firearm and purchase/receipt of a stolen firearm - result in additional felony convictions that otherwise would have been charged as misdemeanors, this bill could have the effect of imposing the lifetime firearms ban on a larger group of individuals. A violation of the lifetime prohibition from firearms possession is a felony. Local jails and state prisons will potentially incur cost increases under the firearm prohibition provisions of this measure to the extent new commitments to county jail and state prison result from a greater number of felony violations of the lifetime firearms ban in the future. Additionally, the DOJ will incur administrative and enforcement costs to add and monitor new cases to be added to the APPS list resulting from persons AB 1869 (Melendez) Page 6 of ? convicted of felony offenses that would subsequently be subject to a lifetime ban on firearms possession/ownership. -- END --