BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1989
                                                                  Page  1

          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
                                                                  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 




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