BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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                                 THIRD READING
                                        

          Bill No:  AB 1989
          Author:   Dickerson (R), et al
          Amended:  5/26/00 in Assembly
          Vote:     21

            
           SENATE PUBLIC SAFETY COMMITTEE  :  3-1, 6/13/00
          AYES:  McPherson, Polanco, Rainey
          NOES:  Johnston

           SENATE PUBLIC SAFETY COMMITTEE  :  4-1, 6/27/00
          AYES: Johnston, McPherson, Polanco, Rainey
          NOES: Vasconcellos

           SENATE APPROPRIATIONS COMMITTEE  :  9-1, 8/7/00
          AYES:  Johnston, Alpert, Bowen, Johnson, Karnette, Kelley,  
            Leslie, McPherson, Perata
          NOES:  Vasconcellos

          ASSEMBLY FLOOR  :  76-0, 5/31/00 - See last page for vote
           

           SUBJECT  :    Firearms:  restrictions on possession and  
          ownership

           SOURCE  :     Siskiyou County Deputy District Attorney

           
           DIGEST  :    This bill adds two crimes -- (1) dissuading a  
          witness, and (2) making a credible threat against another  
          person -- to the list of misdemeanors which subject a  
          convicted defendant to a 10-year ban on firearm possession.

           ANALYSIS  :    Existing law provides that any person  
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          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 for 16 months, two years or three years, or in  
          county jail not exceeding one year, by a fine not exceeding  
          $1,000, or by both imprisonment and fine.  These  
          misdemeanors are:

           1.  Threatening public officers and employees and school  
              officials.

           2.  Threatening judges, designated public officials, staff  
              and families thereof.

           3.  Possession of deadly weapon with intent to assault.

           4.  Possession of deadly weapon with intent to intimidate  
              a witness.

           5.  Unauthorized possession/transportation of a machine  
              gun.

           6.  Threatening violence against a person who has assisted  
              law enforcement of prosecutors.

           7.  Obstructing an officer or EMT, and removing or  
              attempting to take a firearm from such person.

           8.  Possession of a weapon in courthouse or public  
              meeting.

           9.  Possession of loaded firearm in Capitol, legislative  
              office, etc.

           10. Possession of loaded firearm in executive residence or  
              other constitutional office.

           11. Supplying arms to street gang members.

           12. Assault.

           13. Battery.

           14. Assault with stun gun.







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           15. Assault with deadly weapon or with force likely to  
              produce GBI.

           16. Assault with deadly weapon or with force likely to  
              produce GBI, or with stun gun, on a school employee.

           17. Shooting at an occupied house, building, vehicle, etc.

           18. Discharge of firearm in grossly negligent manner.

           19. Shooting at unoccupied aircraft, vehicle, uninhabited  
              dwelling.

          Existing law defines the alternate felony-misdemeanors of  
          (1) knowingly and maliciously dissuading a witness from  
          testifying in any trial or proceeding, and (2) dissuading a  
          witness or victim from reporting a crime.  These offenses  
          are punishable by imprisonment in the county jail for up to  
          one year, or in state prison for 16 months, two years, or  
          three years.  Where these crimes involve any of the  
          following factors -- actual or threatened force, monetary  
          gain, the defendant has prior similar convictions, or where  
          the defendant is part of a conspiracy -- the crimes are  
          straight felonies, punishable by imprisonment in state  
          prison for two, three, or four years.

          Existing law prohibits any person from making a threat to  
          kill or cause great bodily injury to another.  If the  
          threat is reasonably believable, it need not be genuine.   
          This offense is an alternate felony-misdemeanor, punishable  
          by imprisonment in the county jail for up to one year, or  
          by imprisonment in the state prison for 16 months, two  
          years, or three years.

          This bill prohibits for 10 years 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.

          This bill prohibits the possession of a firearm for 10  
          years by any person who has a misdemeanor conviction for  







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          making a credible threat to commit a crime that will result  
          in death or great bodily injury to another person.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/10/00)

          Siskiyou County Deputy District Attorney (source)
          California District Attorneys Association
          Crime Victims United
          Butte County District Attorney
          California Peace Officers' Association
          California Police Chiefs Association

           OPPOSITION  :    (Verified  8/10/00)

          California Attorneys for Criminal Justice

           ARGUMENTS IN SUPPORT  :    According to Senate Public  
          Safety Committee analysis, the author contends it is  
          necessary to add dissuading a witness and terrorist  
          threat to the misdemeanors that result in a 10-year  
          firearm possession ban because too many times law  
          enforcement is unable to take action until a threat is  
          carried out.  These amendments are important for the  
          public's safety, as well as for the safety of our law  
          enforcement officers.  This is another effort to curb  
          domestic violence and potential terrorist activities.   


          Penal Code section 12021, subdivision(c), includes numerous  
          misdemeanor violations that restrict the access to firearms  
          for persons who have already been convicted of a crime  
          within the last 10 years.  Upon conviction of any stated  
          misdemeanor, and the two proposed misdemeanors, the  
          punishment will be 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.  There is a  
          10-year cap on this bill so that those who have not had  
          further trouble with the law after 10 years will not be  
          subject to the restriction of gun ownership.

          ARGUMENTS IN OPPOSITION  :    California Attorneys for  







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          Criminal Justice states, "including additional crimes in  
          the current law relating to restricted ownership is  
          unnecessary.  Existing law sufficiently punishes those who  
          attempt to prevent witnesses from testifying.  Upon  
          conviction, the terms of any probation or parole include a  
          prohibition of owning or possessing a weapon.  Expanding  
          the definition of a crime neither deters the undesirable  
          conduct nor increases  public safety.  It does, however,  
          increase the burdens on law enforcement, prosecutors,  
          defense counsel and the court system.  It also increases  
          the populations in our already overcrowded jails and  
          prisons, thereby increasing the state's incarceration  
          costs."  
           
           ASSEMBLY FLOOR  :
          AYES:  Aanestad, Ackerman, Alquist, Aroner, Ashburn, Bates,  
            Battin, Bock, Brewer, Briggs, Calderon, Campbell,  
            Cardenas, Cardoza, Cedillo, Corbett, Correa, Cox,  
            Cunneen, Davis, Dickerson, Ducheny, Dutra, Firebaugh,  
            Florez, Frusetta, Gallegos, Granlund, Havice, Honda,  
            House, Jackson, Kaloogian, Keeley, Knox, Kuehl, Leach,  
            Lempert, Leonard, Longville, Lowenthal, Machado, Maddox,  
            Maldonado, Margett, Mazzoni, McClintock, Migden, Nakano,  
            Olberg, Oller, Robert Pacheco, Rod Pacheco, Papan,  
            Pescetti, Reyes, Romero, Runner, Scott, Shelley,  
            Steinberg, Strickland, Strom-Martin, Thompson, Thomson,  
            Torlakson, Villaraigosa, Vincent, Washington, Wayne,  
            Wesson, Wiggins, Wildman, Wright, Zettel, Hertzberg


          RJG:sl  8/11/00   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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