BILL ANALYSIS AB 1989 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1989 (Dickerson) As Amended August 18, 2000 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |76-0 |(May 31, 2000) |SENATE: |30-1 |(August 23, | | | | | | |2000) | ----------------------------------------------------------------- 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 Page 2 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