BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1989
                                                                  Page  1

          Date of Hearing:   March 28, 2000
          Counsel:                Angelo Butler


                        ASSEMBLY COMMITTEE ON PUBLIC SAFETY 
                               Carl Washington, Chair

               AB 1989 (Dickerson) - As Introduced:  February 18, 2000
           

          SUMMARY  :   Adds two misdemeanor violations to those already  
          specified regarding restrictions on the ownership and possession  
          of firearms.  Specifically, this  bill  : 

          1)Prohibits the possession of a firearm by any person who has a  
            misdemeanor conviction involving a person who communicates to  
            a witness to, or a victim of, the crime for which the person  
            was convicted, a credible threat to use force or violence upon  
            that person or that person's immediate family.

          2)Prohibits the possession of a firearm by any person who has a  
            misdemeanor conviction involving a person who threatens to  
            commit a crime that will result in death or great bodily  
            injury to another person, with the intent that the statement  
            is to be taken as a threat.

           EXISTING LAW  :

           1)Provides that any person convicted of a specified misdemeanor  
             who, within 10 years of the conviction, owns or possesses a  
             firearm, is guilty of an offense punishable by imprisonment  
             in the state prison or in a county jail not exceeding one  
             year, by a fine not exceeding $1,000, or by both imprisonment  
             and fine.  (Penal Code Section 12020(c)(1).)

           2)Prohibits a person from maliciously communicating to a  
             witness to, or a victim of, the crime for which the person  
             was convicted, a credible threat to use force or violence  
             upon that person or that person's immediate family.  This  
             offense is punishable by imprisonment in the county jail up  
             to one year, or by imprisonment in the state prison for two,  
             three, or four years.  (Penal Code Section 139(a).)

           3)Prohibits any person from threatening to commit a crime which  
             will result in death or great bodily injury to another  








                                                                  AB 1989
                                                                  Page  2

             person, with the intent that the statement is to be taken as  
             a threat.  This offense is punishable by imprisonment in the  
             county jail up to one year, or by imprisonment in the state  
             prison.  (Penal Code Section 422.)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "AB 1989 is  
            important because adding these two misdemeanors to Penal Code  
            Section 12021(c) creates more safety for the public as well as  
            law enforcement."

           2)Is This Bill Necessary In Light Of Existing Law  ?  This bill  
            adds two sections to the list of offenses regarding  
            restrictions on the ownership or possession of firearms.  The  
            first prohibits any person who has been convicted of  
            threatening a witness to, or a victim of, the crime for which  
            the person was convicted from owning or possessing a firearm.   
            (Penal Code Section 139.)  This offense is an alternate  
            felony-misdemeanor, punishable either as a misdemeanor by  
            imprisonment in the county jail, or a felony punishable by  
            imprisonment in the state prison.  If a person has been  
            convicted of a felony under Penal Code Section 139, then he or  
            she is prohibited from possessing or owning a firearm under  
            existing law.  (Penal Code Section 12021(a)(1).)  This offense  
            is close in language to another alternate felony-misdemeanor  
            already specified which prohibits possession or ownership of a  
            firearm by any person convicted of threatening, or using force  
            upon, a witness to, or a victim of, any crime or any person  
            who has assisted law enforcement.  (Penal Code Section 140.)    


          The second offense added is also an alternate  
            felony-misdemeanor, which prohibits any person who has been  
            convicted of threatening to commit a crime which will result  
            in death or bodily injury to another person from owning or  
            possessing a firearm.  (Penal Code Section 422.)  If the  
            person has been convicted of a felony under Penal Code Section  
            422, then he or she is prohibited from owning or possessing a  
            firearm under existing law.  (Penal Code Section 12021(a)(1).)  
              

           REGISTERED SUPPORT / OPPOSITION  :   








                                                                  AB 1989
                                                                  Page  3


           Support  

          District Attorney, Butte County
          District Attorney, Siskiyou County

           Opposition  

          None on File
           
          Analysis Prepared by  :    Angelo Butler / PUB. S. / (916)  
          319-3744