BILL ANALYSIS                                                                                                                                                                                                    




          Appropriations Committee Fiscal Summary

                                AB 491  (Scott)

Hearing Date:8/16/99            Amended:8/16/99        
Consultant: Lisa Matocq         Policy Vote:Pub Saf 4-1
____________________________________________________________ 

BILL SUMMARY:   AB 491 expands the scope of and increases  
the penalty for specified concealed handgun/loaded firearm  
offenses, and makes related changes.  
                         Fiscal Impact (in thousands)
  Major Provisions                       1999-2000         2000-01        2001-02      
  Fund  
Incarceration             Unknown increased costs for incarceration    General
                          in state prison
Reporting                 Unknown, probably not substantial, Local
                          potentially reimbursable increased costs
AG's office               $ 87                under $50   under $50             
  General


STAFF COMMENTS:  This bill probably meets the criteria to  
be placed on the Suspense File.   Under current law, it is  
generally a  misdemeanor  to carry a concealed or loaded  
firearm.  In certain circumstances, such as where the  
person is not in lawful possession of the firearm, it is a  
felony.    Existing law defines "lawful possession" as the  
person who is the legal owner of the firearm or who has  
permission from the legal owner.   This bill makes it a  
  wobbler  , punishable by up to one year in county jail or in  
state prison, a fine, or both, to carry a concealed firearm  
if both the firearm and the unexpended ammunition are in  
the immediate possession of the person or are readily  
accessible, or the concealable firearm is loaded, as  
specified,  and  the person is not the registered owner.   It  
also makes it a wobbler to openly carry a concealable,  
loaded firearm if the person is not the registered owner.   
In addition, the bill changes the definition of lawful  
possession, as specified.  It also requires, until January  
1, 2005, district attorneys to report annually to the  
Attorney General (AG) profiles of persons charged with  
felonies or misdemeanors under these provisions.  The AG is  
then required to report same to the Legislature annually.
  
There were 61 prison admissions during 1997-98 for carrying  










a concealed firearm, and 32 for carrying a loaded firearm.   
 By expanding the scope of the concealed and loaded  
firearms offenses there could be some persons new to state  
prison.  For illustrative purposes, if 10% of prison  
admissions were impacted by the provisions of this bill,  
increased incarceration costs could be $210,000 annually.   
It would take 8 prison admissions to exceed annual costs of  
$150,000.   The AG's office estimates increased costs of  
$87,000 for the first year and less than $50,000 annually  
in subsequent years.  There are unknown, probably not  
substantial, mandated, potentially reimbursable, increased  
costs to district attorneys to comply with the reporting  
provisions.