BILL ANALYSIS Ó SB 707 Page 1 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 SB 707 Page 2 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. SB 707 Page 3 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. SB 707 Page 4 (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: SB 707 Page 5 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 SB 707 Page 6