BILL ANALYSIS
AB 1989
Page 1
ASSEMBLY THIRD READING
AB 1989 (Dickerson)
As Amended May 26, 2000
Majority vote
PUBLIC SAFETY 5-0 APPROPRIATIONS 21-0
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|Ayes:|Battin, Maddox, |Ayes:|Migden, Campbell, |
| |Firebaugh, Keeley, Oller | |Ackerman, Alquist, |
| | | |Aroner, Ashburn, Brewer, |
| | | |Cedillo, Corbett, Davis, |
| | | |Kuehl, Maldonado, Papan, |
| | | |Romero, Runner, Shelley, |
| | | |Thomson, Wesson, Wiggins, |
| | | |Wright, Zettel |
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SUMMARY : Adds two misdemeanor violations to those already
specified regarding restrictions on the ownership and possession
of firearms. Specifically, this bill prohibits the possession
of a firearm by any person who has a misdemeanor conviction for:
1)Knowingly and maliciously preventing or dissuading, or
attempting to prevent or dissuade, any witness or victim from
attending or giving testimony at any trial, proceeding, or
inquiry authorized by law.
2)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.
2) Prohibits a person from knowingly and maliciously preventing
or dissuading, or attempting to prevent or dissuade, any
witness or victim from attending or giving testimony at any
trial, proceeding, or inquiry authorized by law. This
AB 1989
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offense is punishable by imprisonment in the county jail up
to one year, or by imprisonment in the state prison for 16
months, two or three years.
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 for 16 months, two or three years.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, unknown minor nonreimbursable local costs
for incarceration, offset to an indeterminable degree by fine
revenue.
COMMENTS : 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."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Angelo Butler / PUB. S. / (916)
319-3744
FN: 0005118