BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 707


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          SENATE THIRD READING


          SB  
          707 (Wolk)


          As Amended  August 17, 2015


          Majority vote


          SENATE VOTE:  23-12


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |5-2  |Quirk, Jones-Sawyer,  |Melendez, Lackey    |
          |                |     |Lopez, Low, Santiago  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |12-5 |Gomez, Bloom, Bonta,  |Bigelow, Chang,     |
          |                |     |Calderon, Nazarian,   |Gallagher, Jones,   |
          |                |     |Eggman, Eduardo       |Wagner              |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Quirk, Rendon, Weber, |                    |
          |                |     |Wood                  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Specifies that persons who possess a concealed weapons  
          permit may not possess that firearm on school grounds as  








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          specified.  Specifically, this bill:  


          1)Deletes the exemption that allows a person holding a valid  
            license to carry a concealed firearm to possess a firearm on  
            the campus of a university or college.


          2)Permits a person holding a valid license to carry a concealed  
            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 one to 12.


          3)Specifies further exceptions to the prohibition on carrying  
            ammunition on school grounds:  


             a)   Exempts specified active and honorably retired peace  
               officers from the prohibition; 


             b)   Exempts persons carrying ammunition onto school ground  
               that is in a motor vehicle which is in a locked container  
               within the trunk of the vehicle; and,  


             c)   Deletes an existing exemption permitting persons who  
               possess a concealed weapons permit.   


             d)   Exempts certain retired reserve peace officers who are  
               authorized to carry a concealed or loaded firearm.


          EXISTING LAW:  


          1)Created the Gun-Free School Zone Act of 1995.  








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          2)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 one to 12, or within a distance of  
            1,000 feet from the grounds of the public or private school.  


          3)Provides that 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: 


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


             b)   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 one to 12, is subject  
               to:


               i)     Imprisonment in a county jail for not more than one  
                 year or by imprisonment for two, three, or five years;  
                 or,


               ii)    Imprisonment for two, three, or five years, if any  
                 of the following circumstances apply:


                  (1)       If the person previously has been convicted of  
                    any felony, or of any specified crime.









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


                  (3)       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.


             c)   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 for  
               three, five, or seven years.


             d)   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.


             e)   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.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, possession of a firearm in a school or university or  
          college in violation of the Act is a felony punishable in county  
          jail for two, three or five years, or state prison if the  
          convicted has a prior or current qualifying felony conviction;  
          therefore:









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          1)Potentially moderate ongoing out-year costs in excess of  
            $150,000 (General Fund) for increased state prison  
            commitments.  According to the California Department of  
            Corrections (CDCR), the contracted out-of-state annual bed  
            rate is $29,000.   If  there are more than three prison  
            commitments per year and they serve three years, the cost to  
            CDCR will be $87,000 the first year, $174,000, the second  
            year, and $261,000 every year thereafter.


          2)Unknown, probably moderate nonreimbursable local law  
            enforcement costs and incarceration costs, offset to a degree  
            by fine revenue. 


          COMMENTS:  According to the author, "The California Gun Free  
          School Act prohibits bringing a firearm on any school, college,  
          or university campus, but exempts those who carry a concealed  
          weapons permit. SB 707 repeals this exemption, yet retains the  
          authority of campus officials to allow firearms, including  
          concealed ones, on campus as they see deem appropriate.  Closing  
          the CCW school grounds exemption in California is consistent  
          with efforts to maintain school and college campuses as safe,  
          gun free, environments.  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 are fully in charge of who is allowed to bring a  
          firearm on their campus."  




          Analysis Prepared by:                                             
                          Gabriel Caswell / PUB. S. / (916) 319-3744  FN:  
          0001620











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