BILL ANALYSIS THIRD READING AB 645 Allen (R) 8/16/94 in Senate 21 74-0, p. 5212, 1/31/94 SUBJECT: Gun-Free School Zone Act of 1995 SOURCE: Department of Justice ____________________________________________________________________________ DIGEST: This bill repeals existing law which makes it a specific crime što unlawfully bring or possess a loaded firearm upon the grounds of any špublic school, including the University of California, the California State šUniversity, the California Community Colleges, and any private K-12 school, šuniversity, or college, punishable by imprisonment in the state prison for štwo, three, or four years. This bill repeals existing law which makes it a specific crime to šunlawfully bring or possess an unloaded firearm upon the grounds of any špublic school, including the University of California, the California State šUniversity, the California Community Colleges, and any private K-12 school, šuniversity, or college, punishable by imprisonment in the state prison for šone, two, or three years. This bill would enact the Gun-Free School Zone Act of 1995 to do the šfollowing: 1. Prohibit the unlawful possession of a firearm in a school zone, defined š as on or in the grounds or within 1,000 feet of a public or private school providing K-12 instruction, with violations punishable by imprisonment in the state prison for two, three, or five years. 2. Prohibit the discharge, or attempted discharge, of a firearm with š reckless disregard for the safety of another in a school zone, defined as on or in the grounds of public or private school providing k-12 instruction, with š violations punishable by imprisonment in the state prison for three, five, or seven years. ANALYSIS: Existing law makes it a specific crime to unlawfully bring šor possess a loaded firearm upon the grounds of any public school, šincluding the University of California, the California State University, šthe California Community Colleges, and any private K-12 school, university, šor college, punishable by imprisonment in the state prison for two, three, šor four years. Existing law makes it a specific crime to unlawfully bring or possess an šunloaded firearm upon the grounds of any public school, including the šUniversity of California, the California State University, the California šCommunity Colleges, and any private K-12 school, university, or college, špunishable by imprisonment in the state prison for one, two, or three years. This bill would repeal the existing law regarding unlawful possession of šloaded and unloaded firearms on public and private school grounds, K-12 and šhigher education as well, and would instead enact a new Gun-Free School šZone Act of 1995 to do the following: 1. Prohibit the unlawful possession of a firearm in a place the person š knows, or reasonably should know, is a school zone, defined as on or in the grounds of public or private school providing K-12 instruction, and within a distance of 1,000 feet from the grounds of a public or private school, with violations punishable by imprisonment in the state prison for two, three, or five years. 2. Prohibit the discharge, or attempted discharge, of a firearm with š reckless disregard for the safety of another in a school zone, defined as on or in the grounds of public or private school providing K-12 instruction, with violations punishable by imprisonment in the state prison for three, five, or seven years. This bill would provide that if the person otherwise possessed the firearm šlawfully in the school zone, then the new crime of reckless discharge or šattempted discharge of the firearm shall not be unlawful pursuant to this šAct. This bill would specify various situations where the possession of a šfirearm is "lawful", such as at an existing shooting range at a public or šprivate school, if the firearm is on private property not part of school šgrounds, if transported in a vehicle in accordance with state law, or if špossessed by an active or retired peace officer. The bill also provides that anyone who brings a loaded firearm on the šgrounds of a university or college campus, as specified, be it a public or šprivate institution, without written permission, will be punished by šimprisonment in the state prison for 2, 3 or 4 years. The bill defines "loaded firearm" to be an unexpended cartridge or shell šattached in any manner to the firearm. A muzzle-loader firearm is "loaded" š CONTINUED AB 645 Page 3 when it is capped or primed and has a powder charge and ball or shot in the šbarrel. This bill also provides that this Act shall not require that a notice be šposted regarding the proscribed conduct. The purpose of this bill is to increase penalties for unlawful possession šand reckless discharge of a firearm on the grounds of a public or private K- š12 school. FISCAL EFFECT: Appropriation: No Fiscal Committee: Yes Local: Yes SUPPORT: (Verified 8/15/94) Department of Justice California Union of Safety Employees California Association for Health, Physical Education, Recreation and Dance County Superintendents of Schools ARGUMENTS IN SUPPORT: The author states that, "I hosted a school šsafety hearing in November because of my concern with increased violence on šschool campuses. Although this bill was already on my legislative agenda, šthe hearing fostered more support within my district for a zero-tolerance špolicy against guns and weapons on school campuses. Crime is placed at the štop of the list of concerns in Orange County and my constituents are šdemanding that this issue be adequately addressed through tougher penalties šfor violent crime." RJG:lm 8/16/94 Senate Floor Analyses CONTINUED