BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 707        Hearing Date:    April 14, 2015    
          
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          |Author:    |Wolk                                                 |
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          |Version:   |February 27, 2015                                    |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|JRD                                                  |
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                      Subject:  Firearms:  Gun-free School Zone



          HISTORY

          Source:   Author

          Prior Legislation:AB 624 (Allen) - Chap. 659, Stats. 1995
                         AB 2609 (Lampert) - Chap. 115, Stats. 1998

          Support:  California Chapters of the Brady Campaign to Prevent  
                    Violence; California Public Defenders Association;  
                    Friends Committee on Legislation of California; Law  
                    Center to Prevent Gun Violence; Physicians for Social  
                    Responsibility, Sacramento Chapter; Violence  
                    Prevention Coalition; Women Against Gun Violence

          Opposition:Sacramento County Deputy Sheriffs' Association;  
                    California Correctional Supervisors Organization;  
                    California Narcotics Officers; California Rifle and  
                    Pistol Association, Inc.; Fraternal Order of Police,  
                    California State Lodge;  Long Beach Police Officers  
                    Association; Los Angeles County Professional Peace  
                    Officers Association; Retired & Disabled Police of  
                    America; Santa Ana Police Officers Association;  
                    California College and University Police Chiefs  
                    Association (unless amended); 1 individual








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          PURPOSE

          The purpose of this legislation is to: (1) allow a person  
          holding a valid license to carry a concealed firearm, and a  
          retired peace officer authorized to carry a concealed or loaded  
          firearm, to carry a firearm in an area that is within 1,000 feet  
          of, but not on the grounds of, a public or private school  
          providing instruction in kindergarten or grades 1 to 12; and,  
          (2) delete the exemption that allows a person holding a valid  
          license to carry a concealed firearm, and a retired peace  
          officer authorized to carry a concealed or loaded firearm, to  
          possess a firearm on the campus of a university or college. 
          
          Existing law creates the Gun-Free School Zone Act of 1995.   
          (Penal Code § 626.9(a).)  

          Existing law defines a "school zone" to means an area in, or on  
          the grounds of, a public or private school providing instruction  
          in kindergarten or grades 1 to 12, or within a distance of 1,000  
          feet from the grounds of the public or private school.  (Penal  
          Code § 626.9(e).)  

          Under existing law any person who possesses a firearm in a place  
          that the person knows, or reasonably should know, is a school  
          zone, unless it is with the written permission of the school  
          district superintendent, or equivalent school authority, is  
          punished as follows: 

                 Any person who  possesses a firearm in, or on the  
               grounds of, a public or private school providing  
               instruction in kindergarten or grades 1 to 12, is subject  
               to  imprisonment pursuant to subdivision (h) of Section  
               1170 for two, three, or five years.

                 Any person who possesses a firearm within a distance of  
               1,000 feet from a public or private school providing  
               instruction in kindergarten or grades 1 to 12, is subject  
               to:

                  o         Imprisonment in a county jail for not more  
                    than one year or by imprisonment pursuant to  
                    subdivision (h) of Section 1170 for two, three, or  
                    five years; or,








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                  o         Imprisonment pursuant to subdivision (h) of  
                    Section 1170 for two, three, or five years, if any of  
                    the following circumstances apply:

                       §              If the person previously has been  
                         convicted of any felony, or of any crime made  
                         punishable by any provision listed in Section  
                         16580.

                       §              If the person is within a class of  
                         persons prohibited from possessing or acquiring a  
                         firearm, as specified.

                       §              If the firearm is any pistol,  
                         revolver, or other firearm capable of being  
                         concealed upon the person and the offense is  
                         punished as a felony, as specified.

                 Any person who, with reckless disregard for the safety  
               of another, discharges, or attempts to discharge, a firearm  
               in a school zone shall be punished by imprisonment pursuant  
               to subdivision (h) of Section 1170 for three, five, or  
               seven years.

                 Every person convicted under this section for a  
               misdemeanor violation who has been convicted previously of  
               a misdemeanor offense, as specified, must be imprisoned in  
               a county jail for not less than three months.

                 Every person convicted under this section of a felony  
               violation who has been convicted previously of a  
               misdemeanor offense as specified, if probation is granted  
               or if the execution of sentence is suspended, he or she  
               must be imprisoned in a county jail for not less than three  
               months.

                 Every person convicted under this section for a felony  
               violation who has been convicted previously of any felony,  
               as specified, if probation is granted or if the execution  
               or imposition of sentence is suspended, he or she must be  
               imprisoned in a county jail for not less than three months.

                 Any person who brings or possesses a loaded firearm upon  








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               the grounds of a campus of, or buildings owned or operated  
               for student housing, teaching, research, or administration  
               by, a public or private university or college, without the  
               written permission of the university or college president,  
               his or her designee, or equivalent university or college  
               authority, must be punished by imprisonment pursuant to  
               subdivision (h) of Section 1170 for two, three, or four  
               years. 

                 Any person who brings or possesses a firearm upon the  
               grounds of a campus of, or buildings owned or operated for  
               student housing, teaching, research, or administration by,  
               a public or private university or college, without the  
               written permission of the university or college president,  
               his or her designee, or equivalent university or college  
               authority, must be punished by imprisonment pursuant to  
               subdivision (h) of Section 1170 for one, two, or three  
               years. 

          (Penal Code § 626.9(f)-(i).)

          Existing laws states that the Gun-Free School Zone Act of 1995  
          does not apply to possession of a firearm under any of the  
          following circumstances:

                 Within a place of residence or place of business or on  
               private property, if the place of residence, place of  
               business, or private property is not part of the school  
               grounds and the possession of the firearm is otherwise  
               lawful.

                 When the firearm is an unloaded pistol, revolver, or  
               other firearm capable of being concealed on the person and  
               is in a locked container or within the locked trunk of a  
               motor vehicle.

                 The lawful transportation of any other firearm, other  
               than a pistol, revolver, or other firearm capable of being  
               concealed on the person, in accordance with state law.

                 When the person possessing the firearm reasonably  
               believes that he or she is in grave danger because of  
               circumstances forming the basis of a current restraining  
               order issued by a court against another person or persons  








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               who has or have been found to pose a threat to his or her  
               life or safety, as specified.

                 When the person is exempt from the prohibition against  
               carrying a concealed firearm, as specified. 

          (Penal Code § 626.9(c).) 

          Existing law states that the Gun-Free School Zone Act of 1995  
          does not apply to:

                 A duly appointed peace officer;

                 A full-time paid peace officer of another state or the  
               federal government who is carrying out official duties  
               while in California;

                 Any person summoned by any of these officers to assist  
               in making arrests or preserving the peace while he or she  
               is actually engaged in assisting the officer;

                 A member of the military forces of this state or of the  
               United States who is engaged in the performance of his or  
               her duties;

                 A person holding a valid license to carry a concealed  
               firearm;

                 An armored vehicle guard, engaged in the performance of  
               his or her duties, as specified;

                 A security guard authorized to carry a loaded firearm;
                 An honorably retired peace officer authorized to carry a  
               concealed or loaded firearm; or, 

                 An existing shooting range at a public or private school  
               or university or college campus.

          (Penal Code § 626.9(l).) 

          This bill would allow a person holding a valid license to carry  
          a concealed firearm, and a retired peace officer authorized to  
          carry a concealed or loaded firearm, to carry a firearm in an  
          area that is within 1,000 feet of, but not on the grounds of, a  








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          public or private school providing instruction in kindergarten  
          or grades 1 to 12. 

          This bill would delete the exemption that allows a person  
          holding a valid license to carry a concealed firearm, and a  
          retired peace officer authorized to carry a concealed or loaded  
          firearm, to possess a firearm on the campus of a university or  
          college. 

                     RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
                                          
          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity."(  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).

          While significant gains have been made in reducing the prison  
          population, the state now must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  








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          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.


          COMMENTS
          
          1.  Need for This Legislation

          According to the Author:

               In recent years there has been a disturbing increase  
               in the number of active shooter incidents on school,  
               college, and university campuses across the country,  
               with 42 such incidents in 2014.  There have also been  
               an alarming number of sexual assaults on college and  
               university campuses.  Recently, some gun rights  
               proponents in other states have sponsored legislation  
               to increase the opportunity for students and teachers  
               to bring firearms on school campuses with CCWs,  
               claiming this will deter sexual assaults and defend  
               against active shooters.  These efforts have been  
               vigorously opposed by school public safety officials,  
               school administrators, and public safety advocates.   
               Research also indicates that bringing more firearms on  
               campus will lead to more campus violence and increase  
               the danger to students and others on campus.








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               California law provides that the authority over school  
               safety belongs with school/campus authorities.  SB 707  
               maintains that authority and allows school officials  
               to prohibit or allow a firearm on campus as they deem  
               appropriate. Closing the CCW exemption in California  
               law is consistent with efforts to maintain school and  
               college campuses as safe, gun free, environments for  
               students.  SB 707 will ensure that students and  
               parents who expect a campus to be safe and "gun free"  
               can be confident that their expectation is being met  
               and that school officials remain in charge of who, if  
               anyone, is allowed to bring a firearm on their campus.

          2.  Effect of the Legislation

          Honorably retired peace officers authorized to carry a concealed  
          or loaded firearm and individuals who possess a valid concealed  
          carry permit, are currently allowed to carry a firearm on school  
          campuses, including grade schools, high schools and college  
          campuses.  This legislation would, instead, prohibit these two  
          groups form carrying firearms on school grounds, but would allow  
          them to carry firearms within 1,000 feet of a school.
           


          California College and University Police Chiefs Association, who  
          were the original sponsors of this legislation and now have an  
          oppose unless amended position, request: 

               ? that SB 707 be amended to remove the provisions  
               impacting honorably retired peace officers. If those  
               provisions are amended, we will support the bill  
               because the bill's focus will then properly be on  
               addressing unrestricted campus access of persons who  
               possess concealed weapons permits pursuant Penal Code  
               Section 26150. 

               We believe that honorably retired peace officers  
               represent a public safety asset and that it is a  
               mistake not to have the ready availability of those  
               officers. They are subject to stringent standards in  
               determining if they are to be given a firearms  
               endorsement upon retirement, must adhere to the same  








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               standards as the active officers employed by their  
               agency in order to retain that endorsement, are  
               subject to ongoing training requirements, and have  
               demonstrated an ability to take positive public safety  
               action when the occasion calls for that action. As  
               officers sworn to protect school campuses, we consider  
               the presence of an honorably retired peace officer -  
               with their decades of training and professionalism -  
               to be a distinct asset in our ability to carry out our  
               mission. The sad reality is that active shooter  
               incidents take place disproportionately on our  
               campuses and an honorably retired peace officer can  
               play a role in helping to keep such incidents in  
               check. 


          SHOULD PERSONS WITH A CONCEALED CARRY PERMIT BE ALLOWED TO  
          CARRY FIREARMS ON SCHOOL CAMPUSES, WITHOUT THE PERMISSION  
          OF THE SCHOOL AUTHORITY? 

          SHOULD RETIRED PEACE OFFICERS AUTHORIZED TO CARRY A  
          CONCEALED OR LOADED FIREARM, BE ALLOWED TO CARRY FIREARMS  
          ON SCHOOL CAMPUSES, WITHOUT THE PERMISSION OF THE SCHOOL  
          AUTHORITY? 

          3.  Argument in Support


          According to the California Chapters of the Brady Campaign to  
          Prevent Violence: 


               Existing law prohibits a person from possessing a  
               firearm in a school zone without the written  
               permission of certain school district officials.  A  
               school zone includes school grounds and a distance  
               within 1,000 feet of a public or private K-12 school.   
                Additionally, existing law prohibits a person from  
               possessing a firearm upon the grounds of a public or  
               private university or college campus without the  
               written permission of specified university or college  
               officials.  Persons holding a valid license to carry a  
               concealed and loaded weapon (CCW) and retired peace  
               officers authorized to carry concealed and loaded  








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               firearms are exempt from the school zone and  
               university or college prohibitions.  SB 707 would  
               allow CCW license holders to carry a concealed firearm  
               within 1,000 feet but not on the grounds of a K-12  
               school and not on the campus of a university or  
               college.  Firearms, including concealed loaded  
               handguns, could still be allowed on school grounds or  
               campuses with the permission of school officials.

               The Brady Campaign strongly believes that the  
               discretion to allow concealed, loaded guns on a school  
               grounds and college or university campuses must lie  
               with school authorities, who bear the responsibility  
               for the wellbeing and safety of their students.  Under  
               existing law, county sheriffs issue CCW permits and  
               thereby determine who may carry a concealed, loaded  
               gun on school grounds or campuses.  This creates the  
               opportunity for a 21 year old from a rural county to  
               obtain a CCW permit and carry a loaded, hidden handgun  
               in a dormitory on an urban campus.  

               This is one area of firearm law in which California  
               lags behind many other states.  According to the Law  
               Center to Prevent Gun Violence, which tracks state  
               firearm laws, 39 states and the District of Columbia  
               prohibit those with CCW permits from possessing  
               concealed firearms within school zones and 23 states  
               specify that CCW permit holders may not carry  
               concealed firearms on college and university campuses.  
                California is not one of these states.

               The national trend on this issue is disturbing as  
               legislation has been introduced in at least 16 states  
               that would force guns onto college and university  
               campuses.  Proponents are even suggesting that more  
               guns on campuses would stop student rape.   
               Additionally, legislation is being pushed in 20 states  
               to allow people to carry hidden, loaded handguns in  
               public without a permit.  Moreover, federal  
               reciprocity legislation (H.R. 402 and S. 498) has been  
               introduced that would require states to recognize CCW  
               permits from other states, including those with  
               reprehensibly low standards.   States that use law  
               enforcement discretion, such as California, would be  








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               forced to recognize CCW permits from other states,  
               even if the permit holder would not pass a background  
               check in the state.  The threat of national CCW  
               reciprocity heightens the importance of SB 707 and the  
               need to remove the exemption that allows CCW license  
               holders to carry guns on school grounds and campuses  
               in California. . .
                
               Under SB 707, the number of hidden, loaded firearms  
               legally brought onto school grounds and college  
               campuses will be reduced and the safety of students  
               and others will increase.  

          4.  Argument in Opposition


          According to Sacramento County Deputy Sheriffs'  
          Association:


               SB 707 would make criminals out of our retired peace  
               officer members who visit a school campus.  This bill  
               would delete the exemption in current law that allows  
               a retired peace officer who is authorized to carry a  
               concealed or loaded firearm, to possess a firearm on a  
               school campus.  Although the bill allows school  
                                                         officials to determine whether or not an exception to  
               this prohibition should ever be made, the safety of  
               our retired members should not rest on the whim of a  
               school official. 


               Retired peace officers protected and served the public  
               while earning the enmity of those in society who ran  
               afoul of the law.  Retired officers carry their  
               weapons as a means of personal protection.   Recent  
               attacks demonstrate the need for peace officers-even  
               retired peace officers-to be able to defend themselves  
               if necessary. 


               Forcing our retired members to choose between picking  
               up their children or grandchildren form school or  
               attending school events and ensuring their own ability  








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               to protect themselves or their loved ones is a  
               decision they should not be required to make.  Neither  
               should retired officers be forced to jeopardize their  
               safety in order to take college classes. 


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