BILL ANALYSIS
AB 1989
Page 1
Date of Hearing: April 4, 2000
Counsel: Angelo Butler
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Carl Washington, Chair
AB 1989 (Dickerson) - As Introduced: February 18, 2000
FOR VOTE ONLY
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 for 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.
2)Prohibits the possession of a firearm by any person who has a
misdemeanor conviction for threatening 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).)
AB 1989
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3)Prohibits any person from threatening to commit a crime which
will result in death or great bodily injury to another
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).)
AB 1989
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REGISTERED SUPPORT / OPPOSITION :
Support
California Peace Officers' Association
California Police Chiefs Association
District Attorney, Butte County
District Attorney, Siskiyou County
Opposition
None on File
Analysis Prepared by : Angelo Butler / PUB. S. / (916)
319-3744