BILL ANALYSIS Ó
AB 2481
Page 1
Date of Hearing: April 12, 2016
Counsel: Sandra Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
2481 (Lackey) - As Introduced February 19, 2016
SUMMARY: Makes the use of a crossbow in the commission of
specified felonies subject to a state prison enhancement of 10,
20, or 25 years to life. Specifically, this bill:
1)States that a person who personally uses a crossbow the
commission of specified felonies shall receive an additional
and consecutive 10 year prison term. The crossbow need not be
operable or loaded for this enhancement to apply.
2)States that a person who personally and intentionally
discharges a crossbow in the commission of specified felonies
shall receive an additional and consecutive 20 year prison
term.
3)States that a person who personally and intentionally
discharges a crossbow in the commission of specified felonies
and causes great bodily injury or death to anyone, other than
an accomplice, shall receive an additional and consecutive 25
year prison term.
4)Defines "crossbow" as "any device that is designed to fire a
bolt or arrow projectile by releasing a string or wire held at
tension, including, but not limited to, crossbows, compound
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bows, and long bows."
5)Names these provisions the "Charles Emmanuel Briggs Memorial
Act of 2016."
EXISTING LAW:
1)States that a person who personally uses a firearm in the
commission of specified felonies shall receive an additional
and consecutive 10 year prison term. The firearm need not be
operable or loaded for this enhancement to apply. (Pen. Code,
§ 12022.53, subd. (b).)
2)States that a person who personally and intentionally
discharges a firearm in the commission of specified felonies
shall receive an additional and consecutive 20 year prison
term. (Pen. Code, § 12022.53, subd. (c).)
3)States that a person who personally and intentionally
discharges a firearm in the commission of specified felonies
and causes great bodily injury or death to anyone, other than
an accomplice, shall receive an additional and consecutive 25
year prison term. (Pen. Code, § 12022.53, subd. (d).)
4)Applies these enhancements to the following crimes:
a) Murder;
b) Mayhem;
c) Kidnapping;
d) Robbery;
e) Carjacking;
f) Assault with intent to commit a specified felony;
g) Rape;
h) Rape or sexual penetration in concert;
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i) Sodomy;
j) Lewd act on a child;
aa) Oral copulation;
bb) Sexual penetration;
cc) Assault by a life prisoner or prisoner;
dd) Holding a hostage by a prisoner;
ee) Any felony punishable by death or life in prison; and
ff) Any attempt to commit these crimes. (Pen. Code, §
12022.53, subd. (a).)
5)Prohibits the court from striking an allegation or a finding
on a personal-firearm-use enhancement. (Pen. Code, §
12022.53, subd. (h).)
6)Limits conduct credits for a defendant who receives a
personal-firearm-use enhancement to 15 percent. (Pen. Code, §
12022.53, subd. (i).)
7)States that a person who is armed with a firearm in the
commission of a felony or attempted felony shall receive an
additional and consecutive one-year enhancement unless the
arming is an element of the offense. (Pen. Code, § 12022,
subd. (a)(1).)
8)States that a person who personally uses a deadly or dangerous
weapon in the commission of a felony or attempted felony shall
receive an additional and consecutive one-year enhancement
unless use of the weapon is an element of the offense. (Pen.
Code, § 12022, subd. (b)(1).)
9)States that when two or more enhancements may be imposed for
being armed with or using a dangerous or deadly weapon or
firearm in the commission of a single offense, only the
greatest of those enhancements shall be imposed for that
offense. This shall not limit the imposition of other
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applicable enhancements, including an enhancement for the
infliction of great bodily injury. (Pen. Code, § 1170.1,
subd. (f).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "Compound bows,
crossbows, and traditional bows are objects that are
specifically used for sports and hunting. However some
individuals may intend to use these devices to inflict harm
that can lead to injury or even death. Unfortunately, this was
the case when on August 23, 2014, Charles Emmanuel Briggs Jr.
was murdered in Lancaster, CA while intervening to stop a case
of domestic violence at a neighbor's home. The perpetrator of
this crime intentionally used a compound bow as a weapon on
Mr. Briggs who was fatally injured after shot by a bolt from
the compound bow.
"Ensuring that equal punishment and justice is achieved for
crimes committed with crossbows, compound bows, or traditional
bows can be addressed by enhancing sentencing on crimes
committed with these weapons. Current law adds only 1 year to
a sentence when a weapon like a compound bow or crossbow is
used in a crime. This bill makes California's sentence
enhancement for firearms also apply to crimes committed with
crossbows, compound bows, and traditional bows by applying 10,
20 or 25 years of sentence enhancements for crimes that use
these objects depending on the crime. It is important to send
a strong message that criminal behavior using weapons that are
equally deadly as firearms will be punished with a similar
sentence. The Charles Emmanuel Briggs Act of 2016 will ensure
that justice is brought to future victims of this type of
violence."
2)Firearm Use Enhancement: Penal Code section 12022.53 enhances
the sentence of certain qualifying crimes when those offenses
involve the use of a firearm. The statutory scheme recognizes
different degrees of culpability and imposes three gradations
of punishment based on increasingly serious types and
consequences of firearm use. (People v. Palacios (2007) 41
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Cal.4th 720, 725, People v. Grandy (2006) 144 Cal.App.4th 33.)
At the lowest level of culpability, a 10-year enhancement,
the personal use of a firearm may be found when the defendant
intentionally displays a firearm in a menacing manner in order
to facilitate the commission of the underlying crime. Next,
there is a 20-year enhancement for intentionally firing the
gun. Finally, there is a 25-years-to-life enhancement for
intentional discharge causing great bodily injury or death to
someone other than an accomplice. (People v. Palacios, supra,
41 Cal.4th 720, 725.)
This bill applies those same enhancements to the use of a
crossbow.
The legislative intent in enacting section 12022.53 was clear:
'The Legislature finds and declares that substantially longer
prison sentences must be imposed on felons who use firearms in
the commission of their crimes, in order to protect our
citizens and to deter violent crime.'" (People v. Garcia
(2002) 28 Cal.4th 1166, 1172 quoting Stats. 1997, ch. 503, §
1.) The rationale for this is because "firearms pose a
potentially greater risk to safety than other weapons because
of their inherent ability to harm a greater number of victims
more rapidly than other weapons." (People v. Perez (2001) 86
Cal.App.4th 675, 678, accord People v. Martinez (1999) 76
Cal.App.4th 489, 497-498.)
Firearms are used more often in perpetrating crime than are
other types of weapons. For example, the latest Attorney
General's report on Homicide in California shows that,
consistently in the past 10 years, 70% of the homicides crimes
were committed with a firearm. The next most commonly used
weapon in the commission of homicides is a knife. Roughly
14-15% of homicides were committed with knives. Blunt
objects, such as clubs, are most common after knives.
Crossbows specifically are not listed, indicating that they
are not commonly used. (See Homicide in California 2014,
California Department of Justice, p. 27,
http://oag.ca.gov/sites/all/files/agweb/pdfs/cjsc/publications/
homicide/hm14/hm14.pdf .)
As noted above, there are many other weapons that are equally as
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deadly as a crossbow. It is not apparent why a crossbow,
rather than any other type of weapon, should be treated the
same a firearm or that these two types of weapons share
similar characteristics for purposes of punishing them
equally.
3)Impetus for This Bill: The impetus for this bill is the death
of Charles Emmanuel Briggs who was fatally injured with a bow
and arrow in Lancaster, CA. Briggs tried to intervene in an
argument between the man and his girlfriend. In 2015, the
defendant, Garrett Taylor Adams, was facing murder charges and
a possible sentence of 26 years to life in state prison.
( http://theavtimes.com/2015/03/12/man-pleads-not-guilty-in-lanc
aster-bow-and-arrow-killing/ .)
No doubt, the death of Mr. Briggs was tragic. However, the
perpetrator will face a life sentence for murder. It seems
unlikely that an additional tem of 25 years to life, rather
than an additional one year for the applicable weapon-use
enhancement, would have deterred this crime.
4)Argument in Support: According to the California Police
Chiefs Association, "In August of 2014, a compound bow was
used to fatally injure Charles Emmanuel Briggs while he was
trying to intervene and stop a domestic violence incident at a
neighbor's home. Briggs was just 27 when he succumbed to his
wounds. Regrettably, this was not an isolated incident. In
2013, two transients in Humboldt County were charged with
murder after a shooting spree with a crossbow, and a Lancaster
resident was killed in a random attack using a crossbow in
2008. A crossbow was also used to facilitate a murder for
hire in conspiracy of a Stockton real estate agent in 1989.
"Compound bows and crossbows are intended specifically for
hunting and sport. However, some individuals intend to use
these devices to inflict harm on others, causing injury or
sometimes death. While current law allows serious crimes
committed with a firearm to be given a tougher sentence - an
additional 10, 20, or 25 years depending on the crime -
similar crimes involving crossbows are treated less serious
under the law by only allowing for a one-year enhancement."
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5)Argument in Opposition: According to the California Attorneys
for Criminal Justice, "CACJ believes and the reality of gun
violence supports that while the use of guns in the commission
of violent and serious felonies is all too common, such is not
the case with the use of crossbows. While increasing the
punishment for the use of firearms in the commission of
serious and violent felonies has a strong potential for
discouraging the use of guns in the commission of these
crimes, no such deterrent effect can be established for
equating gun violence with crossbow violence. ?
"While firearms are all too easily accessed by those who would
use them to commit their serious or violent crimes, such is
not the case with crossbows. AB 2481 fails to acknowledge
this reality. While firearms are easily concealed upon a
person's body; crossbows are not. While firearms are
all-too-quickly ready for use by one seeking to perpetrate a
crime, crossbows require a much greater time to prepare and
use. While firearms are often the 'weapon of choice' of
criminal street gangs; CACJ is unaware of any of these gangs
adopting crossbows as a means of carrying out their criminal
activities.
"CACJ acknowledges the desire to honor and recognize the
unfortunate passing of one of our community members at the
hands of one unlawfully using a crossbow. This admirable
desire to commemorate his memory is not sufficient grounds to
equate the use of a crossbow with the use of a firearm and
impose equal punishments for both.
"If our society is to ever reach a point one day where gun
violence is a thing of the past, we must be steadfast in our
resolve to single out those who would use the weapon most
often associated with wrecking the greatest harm on our
society, guns, and be vigilant in our watch to avoid equating
the use of other deadly weapons, including crossbows, with the
single most deadly weapon used to kill and injure innocent
citizens."
REGISTERED SUPPORT / OPPOSITION:
Support
AB 2481
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California Police Chiefs Association
Charles E. Briggs Memorial Foundation
Compassionate Elderly Care Management Systems
Crime Victims United of California
Peace Officers Research Association of California
Supervisor Michael Antonovich, Los Angeles Board of Supervisors
Opposition
American Civil Liberties Union of California
California Attorneys for Criminal Justice
California Public Defenders Association
Legal Services for Prisoners with Children
Analysis Prepared
by: Sandy Uribe / PUB. S. / (916) 319-3744