BILL ANALYSIS
AB 1989
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CONCURRENCE IN SENATE AMENDMENTS
AB 1989 (Dickerson)
As Amended August 18, 2000
Majority vote
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|ASSEMBLY: |76-0 |(May 31, 2000) |SENATE: |30-1 |(August 23, |
| | | | | |2000) |
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Original Committee Reference: PUB. S.
SUMMARY : Adds two misdemeanor violations to those already
specified regarding restrictions on the ownership and possession
of firearms.
The Senate amendments :
1)Double-joins this bill with SB 31 (Peace), pending in Senate
Appropriations, and would become effective on or before
January 1, 2001, only if both bills are enacted. If this bill
is enacted after SB 31, Section 1 of this bill shall not
become operative.
2)Clarify the existing prohibition regarding owning or
possessing a firearm as provided in a protective order, by
making the prohibition applicable to a person who possesses a
firearm.
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
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.
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 for 16 months, two or three years.
AS PASSED BY THE ASSEMBLY , this bill prohibited the possession
of a firearm by any person who had 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 would result in death or
great bodily injury to another person, with the intent that
the statement was to be taken as a threat.
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: 0006142