California Legislature—2015–16 Regular Session

Assembly Bill No. 2666

Introduced by Assembly Member Baker

(Coauthor: Assembly Member Lackey)

(Coauthors: Senators Glazer and Wolk)

February 19, 2016

An act to amend Section 29800 of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 2666, as introduced, Baker. Firearms: felons in possession.

Existing law provides that any person convicted of a felony under the laws of the United States, the State of California, or any other state or country, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony. Existing law prescribes the punishment for that felony as imprisonment for a term of 16 months, or 2 or 3 years.

This bill would provide that the punishment for subsequent convictions of that felony would be imprisonment for a term of 4, 5, or 6 years. By increasing the penalties for an existing crime, this bill would impose a state-mandated local program. The bill would also make additional technical, nonsubstantive changes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 29800 of the Penal Code is amended to
read:

29800.  

(a) (1)  begin delete Any end delete begin insert A end insert person who has been convicted of a
felony under the laws of the United States, the State of California,
or any other state, government, or begin delete country, or of an offense
enumerated in subdivision (a), (b), or (d) of Section 23515, or who
is addicted to the use of any narcotic drug, end delete begin insert country end insert and who owns,
purchases, receives, or has in possession or under custody or
control any firearm is guilty of a begin delete felony. end delete begin insert felony punishable pursuant
to subdivision (h) of Section 1170. A subsequent conviction for
this offense is a felony punishable by imprisonment for four, five,
or six years pursuant to subdivision (h) of Section 1170. end insert

begin insert

(2) A person who has been convicted of a misdemeanor violation
of paragraph (2) of subdivision (a) of Section 245, a misdemeanor
violation of Section 246, or a misdemeanor violation of subdivision
(c) of Section 417 and who owns, purchases, receives, or has in
possession or under custody or control any firearm is guilty of a
felony punishable pursuant to subdivision (h) of Section 1170.

end insert begin insert

(3) A person who is addicted to the use of any narcotic drug
and who owns, purchases, receives, or has in possession or under
custody or control any firearm is guilty of a felony punishable
pursuant to subdivision (h) of Section 1170.

end insert begin delete

(2) Any

end delete

begin insert (4) end insert begin insert   end insert begin insert A end insert person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in possession or under custody or
control any firearm is guilty of a begin delete felony. end delete begin insert felony punishable pursuant
to subdivision (h) of Section 1170. end insert

(b) Notwithstanding subdivision (a), begin delete any end delete begin insert a end insert person who has been
convicted of a felony or of an offense enumerated in Section 23515,
when that conviction results from certification by the juvenile court
for prosecution as an adult in an adult court under Section 707 of
the Welfare and Institutions Code, and who owns or has in
possession or under custody or control any firearm is guilty of a
begin delete felony. end delete begin insert felony punishable pursuant to subdivision (h) of Section
1170. end insert

(c) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:

(1) Conviction of a like offense under California law can only
result in imposition of felony punishment.

(2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.