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 AB 2481 Page 2 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; AB 2481 Page 3 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 AB 2481 Page 4 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 AB 2481 Page 5 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 AB 2481 Page 6 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." AB 2481 Page 7 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 Page 8 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