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
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|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 | |
| | | | |
| | | | |
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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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