BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 707 (Wolk) - Firearms: gun-free school zone
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|Version: February 27, 2015 |Policy Vote: PUB. S. 4 - 2 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: April 27, 2015 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 707 would amend the Gun-Free School Zone Act of
1995, as follows:
1) Narrows the exemption that allows specified persons to carry
a firearm in a "school zone", as defined, without the written
permission of the school district official.
2) Deletes the exemption that allows specified persons to
possess a firearm on the campus of a university or college
without the written permission of the university or college
president.
Fiscal
Impact:
Potential future increase in state costs (General Fund),
likely minor, to the extent narrowing and deleting exemptions
from the Gun-Free School Zone Act result in additional
violations of the Act and subsequent state prison commitments.
The CDCR indicates no more than 10 new commitments per year
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over the last two years. However, future annual cumulative
costs for even one or two commitments over two years would
exceed $50,000 to $100,000 (General Fund) assuming an 18-month
average length of stay.
Potential future increase in non-reimbursable local costs
(Local Fund) for enforcement and additional felony or
misdemeanor jail terms, to the extent narrowing and deleting
exemptions from the Gun-Free School Zone Act result in
additional violations of the Act.
Background: Existing law under the Gun-Free School Zone Act of 1995
prohibits a person from possessing a firearm in a place that the
person knows, or reasonably should know, is a school zone, as
defined, unless the person has the written permission of
specified school district officials. Current law defines "school
zone" as an area on the grounds of a school providing
instruction in kindergarten or grades 1 to 12, or within a
distance of 1,000 feet of that school. (Penal Code (PC) §
626.9.)
Under existing law, any person who possesses a firearm in or on
the grounds of a public or private school, as specified, without
the written permission of a school district official is subject
to imprisonment in county jail or state prison pursuant to PC §
1170(h) for two, three, or five years. Any person who possesses
a firearm within 1,000 feet from the grounds of a public or
private school, as specified, without written permission is
subject to imprisonment in county jail or state prison pursuant
to PC ?1170(h) for two, three, or five years, under specified
circumstances, or by imprisonment in county jail for not more
than one year, as specified. (PC § 626.9(f)(1)-(2).)
Existing law provides that any person who brings or possesses a
loaded firearm upon the grounds of a campus of a public or
private university or college, as specified, without the written
permission of the university or college president shall be
punished by imprisonment in county jail or state prison for two,
three, or four years. Any person who brings or possesses a
firearm upon the grounds of a campus of a public or private
university or college without written permission shall be
punished by imprisonment in county jail or state prison for one,
two, or three years. (PC § 626.9(h)-(i).)
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Existing law exempts the following specified persons and places
from the provisions of the Gun-Free School Zone Act of 1995:
Duly appointed peace officers, as defined.
A full-time paid peace officer of another state or the
federal government.
A person holding a valid license to carry a firearm, as
specified.
A member of the military forces engaged in the
performance of his/her duties.
An armored vehicle guard engaged in the performance of
his/her duties.
A security guard authorized to carry a loaded firearm.
A shooting range at a public or private school,
university, or college campus.
An honorably retired peace officer authorized to carry a
concealed or loaded firearm, as specified.
Proposed Law:
This bill would amend the Gun-Free School Zone Act of 1995, as
follows:
Narrows 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
carry a firearm in an area that is a school zone, as defined,
without written permission of a school district official, as
specified.
o Instead, this bill would allow a person holding a
concealed carry permit and a retired peace officer, as
specified, 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, without the written permission of a
school district official, as specified.
Deletes 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
without written permission of the university or college
president.
Related
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Legislation: None applicable.
Staff
Comments: To the extent narrowing and deleting exemptions from
the Gun-Free School Zone Act requirements result in additional
violations of the Act, this bill could potentially result in an
increase in state and local costs for new admissions to state
prison and county jail.
Data from the DOJ indicates over 215 felony arrests and 40
convictions in 2014 under these provisions of law, however CDCR
indicates no more than 10 new prison commitments per year over
the last two years. The caseload impact on the state prison
population would likely be minor, as the circumstances and
frequency with which a retired peace officer or person holding a
concealed carry permit to be eligible for a state prison
sentence under PC § 1170(h) provisions of law are estimated to
be few. However, future annual cumulative costs for even one or
two commitments to state prison would exceed $50,000 to $100,000
(General Fund) assuming an 18-month average length of stay. This
estimate is based on an in-state contract bed cost of $34,000
per year.
The Three-Judge Court has ordered the State to reduce its prison
population to 137.5 percent of the prison system's design
capacity by February 28, 2016. Pursuant to its February 10,
2014, order, the Court has ordered the CDCR to implement several
population reduction measures, prohibited an increase in the
population of inmates placed in out-of-state facilities, and
indicated the Court will maintain jurisdiction over the State
for as long as necessary to ensure the State's compliance with
the 137.5 percent final benchmark is durable, and that such
durability is firmly established. Any future increases to the
State's prison population challenge the ability of the State to
reach and maintain such a "durable solution," and could require
the State to pursue one of several options, including
contracting-out for additional bed space or releasing current
inmates early onto parole.
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