BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1989|
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THIRD READING
Bill No: AB 1989
Author: Dickerson (R), et al
Amended: 8/18/00 in Senate
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.
Senate Floor Amendments of 8/18/00 add double joining with
CONTINUED
AB 1989
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2
SB 31 (Peace).
ANALYSIS : Existing law 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 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.
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13. Battery.
14. Assault with stun gun.
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.
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This bill prohibits the possession of a firearm for 10
years by any person who has a misdemeanor conviction for
making a credible threat to commit a crime that will result
in death or great bodily injury to another person.
This bill is double joined with SB 31 (Peace).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/21/00)
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 8/21/00)
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
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5
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
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 8/21/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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