BILL ANALYSIS SENATE COMMITTEE ON JUDICIARY A David Roberti, Chairman B 1993-94 Regular Session 6 4 5 AB 645 (Allen) As amended in the Senate on June 2, 1994 Hearing date: June 21, 1994 Penal Code SAH/jms GUN-FREE SCHOOL ZONE ACT OF 1995 HISTORY Source: Department of Justice Prior Legislation: SB 377 - Chapter 1202, Statutes of 1991 Support: California Union of Safety Employees; California š Association for Health, Physical Education, Recreation and Dance Opposition: California Attorneys for Criminal Justice Assembly Floor vote: Ayes 74 - Noes 0 KEY ISSUE SHOULD EXISTING LAW BE REPEALED WHICH MAKES IT A SPECIFIC CRIME TO šUNLAWFULLY BRING OR POSSESS A LOADED FIREARM UPON THE GROUNDS OF šANY PUBLIC SCHOOL, INCLUDING THE UNIVERSITY OF CALIFORNIA, THE šCALIFORNIA STATE UNIVERSITY, THE CALIFORNIA COMMUNITY COLLEGES, AND šANY PRIVATE K-12 SCHOOL, UNIVERSITY, OR COLLEGE, PUNISHABLE BY šIMPRISONMENT IN THE STATE PRISON FOR TWO, THREE, OR FOUR YEARS? SHOULD EXISTING LAW BE REPEALED WHICH MAKES IT A SPECIFIC CRIME TO šUNLAWFULLY BRING OR POSSESS AN UNLOADED FIREARM UPON THE GROUNDS OF šANY PUBLIC SCHOOL, INCLUDING THE UNIVERSITY OF CALIFORNIA, THE šCALIFORNIA STATE UNIVERSITY, THE CALIFORNIA COMMUNITY COLLEGES, AND šANY PRIVATE K-12 SCHOOL, UNIVERSITY, OR COLLEGE, PUNISHABLE BY šIMPRISONMENT IN THE STATE PRISON FOR ONE, TWO, OR THREE YEARS? (More) AB 645 (Allen) Page 2 SHOULD THE GUN-FREE SCHOOL ZONE ACT OF 1995 BE ENACTED TO DO THE šFOLLOWING: (1) PROHIBIT THE UNLAWFUL POSSESSION OF A FIREARM IN A SCHOOL ZONE, šDEFINED AS ON OR IN THE GROUNDS OF PUBLIC OR PRIVATE SCHOOL šPROVIDING K-12 INSTRUCTION, WITH VIOLATIONS PUNISHABLE BY šIMPRISONMENT IN THE STATE PRISON FOR TWO, THREE, OR FIVE YEARS? (2) PROHIBIT THE DISCHARGE, OR ATTEMPTED DISCHARGE, OF A FIREARM šWITH RECKLESS DISREGARD FOR THE SAFETY OF ANOTHER IN A SCHOOL ZONE, šDEFINED AS ON OR IN THE GROUNDS OF PUBLIC OR PRIVATE SCHOOL šPROVIDING K-12 INSTRUCTION, WITH VIOLATIONS PUNISHABLE BY šIMPRISONMENT IN THE STATE PRISON FOR THREE, FIVE, OR SEVEN YEARS? PURPOSE Existing law makes it a specific crime to unlawfully bring or špossess a loaded firearm upon the grounds of any public school, šincluding the University of California, the California State šUniversity, the California Community Colleges, and any private K-12 šschool, university, or college, punishable by imprisonment in the šstate prison for two, three, or four years. Existing law makes it a specific crime to unlawfully bring or špossess an unloaded firearm upon the grounds of any public school, šincluding the University of California, the California State šUniversity, the California Community Colleges, and any private K-12 šschool, university, or college, punishable by imprisonment in the šstate prison for one, two, or three years. This bill would repeal the existing law regarding unlawful špossession of loaded and unloaded firearms on public and private šschool grounds, K-12 and higher education as well, and would šinstead enact a new Gun-Free School Zone Act of 1995 to do the šfollowing: (1) prohibit the unlawful possession of a firearm in a place the šperson knows, or reasonably should know, is a school zone, defined šas on or in the grounds of public or private school providing K-12 šinstruction, with violations punishable by imprisonment in the šstate prison for two, three, or five years. (2) prohibit the discharge, or attempted discharge, of a firearm šwith reckless disregard for the safety of another in a school zone, šdefined as on or in the grounds of public or private school šproviding K-12 instruction, with violations punishable by (More) AB 645 (Allen) Page 3 imprisonment in the state prison for three, five, or seven years. This bill would provide that if the person otherwise possessed the šfirearm lawfully in the school zone, then the new crime of reckless šdischarge or attempted discharge of the firearm shall not be šunlawful pursuant to this Act. This bill would specify various situations where the possession of ša firearm is "lawful", such as at an existing shooting range at a špublic or private school, if the firearm is on private property not špart of school grounds, if transported in a vehicle in accordance šwith state law, or if possessed by an active or retired peace šofficer. This bill also provides that this Act shall not require that a šnotice be posted regarding the proscribed conduct. The purpose of this bill is to increase penalties for unlawful špossession and reckless discharge of a firearm on the grounds of a špublic or private K-12 school. COMMENT 1. Need for this bill. The author states that: "I hosted a school safety hearing in November because of my concern with increased violence on school campuses. Although this bill was already on my legislative agenda, the hearing fostered more support within my district for a zero-tolerance policy against guns and weapons on school campuses. Crime is placed at the top of the list of concerns in Orange County and my constituents are demanding that this issue be adequately addressed through tougher penalties for violent crime." 2. Increased penalties proposed by this bill. This bill repeals existing Penal Code Section 626.9 which was revised, with penalties increased, in 1991. The penalties in existing law for unlawful possession of a firearm on the grounds of public and private schools - K-12, colleges and universities - are currently 1, 2, or 3 years in state prison. The penalties for a loaded firearm in the same circumstances are currently 2, 3, or 4 years. This bill, while currently applicable only to public and private K-12 grounds, deletes the existing provision of a greater penalty for a loaded firearm and would increase the penalty for both to 2, 3, or 5 years. (More) AB 645 (Allen) Page 4 SHOULD NOT A GREATER PENALTY BE APPLICABLE FOR THE UNLAWFUL POSSESSION OF LOADED FIREARM ON SCHOOL GROUNDS THAN FOR POSSESSION OF AN UNLOADED FIREARM? WHAT HAS OCCURRED SINCE THE 1991 INCREASED PENALTY FOR A LOADED FIREARM ON SCHOOL GROUNDS TO ESTABLISH A NEED TO FURTHER INCREASE PENALTIES FOR SUCH UNLAWFUL FIREARMS POSSESSIONS? DID THE AUTHOR INTEND TO REMOVE HIGHER EDUCATION FROM THE PROVISIONS OF THIS BILL? 3. Proportionality of the new penalties in this bill. This bill proposes an increased penalty for specified unlawful possession of an unloaded firearm from 1, 2, or 3 years to 2, 3, or 5; for a loaded firearm from 2, 3, or 4 years to 2, 3, or 5 years; and a new penalty for specified reckless discharge or attempted discharge of a firearm - without any need to show specific harm or injury to another or to property - of 3, 5, or 7 years in state prison (under existing law, such discharge would already be a felony if for no other reason than it would involve the unlawful possession of a loaded firearm on school grounds; this new crime is a sort of aggravated unlawful possession of a loaded firearm on school grounds). Existing law provides that the penalty for mayhem is 2, 4, or 8 years in state prison (Penal Code Section 203); the penalty for threatening with a deadly weapon on a school ground or playground is punishable by imprisonment in the state prison for 1, 2, or 3 years or imprisonment in the county jail for up to one year (Penal Code Section 626.95); the penalty for maliciously and willfully discharging a firearm at an inhabited house or occupied vehicle is 3, 5, or 7 years in state prison or not less than six months nor more than one year in a county jail (Penal Code Section 246); and the penalty for the discharge of a firearm in a grossly negligent manner that could result in injury or death to a person is punishable by up to one year in county jail or 16 months, 2, or 3 years in state prison (Penal Code Section 246.3). ARE THE INCREASED PENALTIES PROPOSED IN THIS BILL PROPORTIONAL TO EXISTING PENALTIES FOR SIMILAR OR OTHER CRIMES? ***********