BILL NUMBER: AB 2523 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Thomson
FEBRUARY 24, 2000
An act to amend Sections 417, 417.6, and 1170.1 of the Penal Code,
relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 2523, as introduced, Thomson. Firearms: unlawful display.
(1) Existing law provides that every person who, except in
self-defense, in the presence of another draws or exhibits any
firearm, loaded or unloaded, in a rude, angry or threatening manner,
or who in any manner unlawfully uses a firearm in any fight or
quarrel, is guilty of a misdemeanor punishable by imprisonment in a
county jail for not less than 3 months.
This bill would provide that if the firearm is a pistol, revolver,
or other firearm capable of being concealed upon the person and is
not an antique firearm, as defined, and the person is not listed with
the Department of Justice as the registered owner of the firearm, a
violation of these provisions is punishable by imprisonment in the
state prison, or by imprisonment in a county jail, by a fine not to
exceed $1,000, or by both that fine and imprisonment. This bill
would also make technical, nonsubstantive changes to these and
related provisions. The bill would provide that when a consecutive
term of imprisonment is imposed for a person convicted of this crime
or the crime of drawing or exhibiting a weapon with intent to resist
or prevent their own arrest or the arrest of another by a peace
officer, the aggregate term may consist of the full term for each
violation for which a consecutive term of imprisonment is imposed.
By creating a new crime, this bill would impose a state-mandated
local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 417 of the Penal Code is amended to read:
417. (a) (1) Every person who, except in self-defense, in the
presence of any other person, draws or exhibits any deadly weapon
whatsoever, other than a firearm, in a rude, angry, or threatening
manner, or who in any manner, unlawfully uses the same
a deadly weapon other than a firearm in any
fight or quarrel is guilty of a misdemeanor, punishable by
imprisonment in a county jail for not less than 30 days.
Every person who violates this section when the other person is in
the process of cleaning up graffiti or vandalism is guilty of a
misdemeanor, punishable by imprisonment in a county jail for not less
than three months nor more than one year.
(2) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any firearm, whether loaded or
unloaded, in a rude, angry, or threatening manner, or who in any
manner, unlawfully uses the same a firearm
in any fight or quarrel is guilty of
punishable as follows:
(A) If the firearm is a pistol, revolver, or other firearm capable
of being concealed upon the person which is not an antique firearm
as defined in paragraph (16) of subsection (a) of Section 921 of
Title 18 of the United States Code and that person is not listed with
the Department of Justice pursuant to Section 11106 as the
registered owner of that firearm, by imprisonment in the state
prison, or by imprisonment in a county jail, by a fine not to exceed
one thousand dollars ($1,000), or by both that fine and imprisonment.
(B) In all cases other than that set forth in subparagraph (A),
a misdemeanor, punishable by imprisonment in a county jail for
not less than three months. Every person who violates this
section when the other person is in the process of cleaning up
graffiti or vandalism is guilty of a misdemeanor, punishable by
imprisonment in a county jail for not less than three months nor more
than one year.
(b) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any loaded firearm in a rude,
angry, or threatening manner, or who, in any manner, unlawfully uses
any loaded firearm in any fight or quarrel upon the grounds of any
day care center, as defined in Section 1596.76 of the Health and
Safety Code, or any facility where programs, including day care
programs or recreational programs, are being conducted for persons
under 18 years of age, including programs conducted by a nonprofit
organization, during the hours in which the center or facility is
open for use, shall be punished by imprisonment in the state prison
for one, two, or three years, or by imprisonment in a county jail for
not less than three months, nor more than one year.
(c) Every person who, in the immediate presence of a peace
officer, draws or exhibits any firearm, whether loaded or unloaded,
in a rude, angry, or threatening manner, and who knows, or reasonably
should know, by the officer's uniformed appearance or other action
of identification by the officer, that he or she is a peace officer
engaged in the performance of his or her duties, and that peace
officer is engaged in the performance of his or her duties, shall be
punished by imprisonment in a county jail for not less than nine
months and not to exceed one year, or in the state prison.
(d) Except where a different penalty applies, every person who
violates this section when the other person is in the process of
cleaning up graffiti or vandalism is guilty of a misdemeanor,
punishable by imprisonment in a county jail for not less than three
months nor more than one year.
(e) As used in this section, "peace officer" means any
person designated as a peace officer pursuant to Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
SEC. 2. Section 417.6 of the Penal Code is amended to read:
417.6. (a) If, in the commission of a violation of Section 417
, 417.1, or 417.8, serious bodily injury is
intentionally inflicted by the person drawing or exhibiting the
firearm or deadly weapon, the offense shall be punished by
imprisonment in the county jail not exceeding one year or by
imprisonment in the state prison. As
(b) As used in this section, "serious bodily injury" means a
serious impairment of physical condition, including, but not limited
to, the following: loss of consciousness; concussion; bone
fracture; protracted loss or impairment of function of any bodily
member or organ; a wound requiring extensive suturing; and serious
disfigurement.
(b)
(c) When a person is convicted of a violation of Section 417
, 417.1, or 417.8 and the deadly weapon or
firearm used by the person is owned by that person, the court shall
order that the weapon or firearm be deemed a nuisance and disposed of
in the manner provided by Section 12028.
(d) The penalty prescribed in this section is in addition to the
punishment prescribed by Section 417 or 417.8.
SEC. 3. Section 1170.1 of the Penal Code is amended to read:
1170.1. (a) Except as provided in subdivisions (b) and (c), and
subject to Section 654, when any person is convicted of two or more
felonies, whether in the same proceeding or court or in different
proceedings or courts, and whether by judgment rendered by the same
or by a different court, and a consecutive term of imprisonment is
imposed under Sections 669 and 1170, the aggregate term of
imprisonment for all these convictions shall be the sum of the
principal term, the subordinate term, and any additional term imposed
for applicable enhancements for prior convictions, prior prison
terms, and Section 12022.1. The principal term shall consist of the
greatest term of imprisonment imposed by the court for any of the
crimes, including any term imposed for applicable specific
enhancements. The subordinate term for each consecutive offense
which is not a "violent felony," as defined in subdivision (c) of
Section 667.5, shall consist of one-third of the middle term of
imprisonment prescribed for each other felony conviction for an
offense that is not a violent felony for which a consecutive term of
imprisonment is imposed, and shall exclude any specific enhancements.
The subordinate term for each consecutive offense which is a
"violent felony," as defined in any paragraph of subdivision (c) of
Section 667.5, shall consist of one-third of the middle term of
imprisonment prescribed for each other felony conviction for an
offense that is a violent felony for which a consecutive term of
imprisonment is imposed, and shall include one-third of the term
imposed for any specific enhancements applicable to those subordinate
offenses.
(b) (1) When a consecutive term of imprisonment is
imposed under Sections 669 and 1170 for two or more convictions for
kidnapping, as defined in Section 207, involving separate victims,
the aggregate term shall be calculated as provided in subdivision
(a), except that the subordinate term for each subordinate kidnapping
conviction shall consist of the full middle term for each kidnapping
conviction for which a consecutive term of imprisonment is imposed
and shall include the full term imposed for specific enhancements
applicable to those subordinate offenses.
(2) When a consecutive term of imprisonment is imposed under
Sections 669 and 1170 for a person convicted of a violation of
Section 417 or 417.8, the aggregate term may consist of the full term
for each violation for which a consecutive term of imprisonment is
imposed.
(c) In the case of any person convicted of one or more felonies
committed while the person is confined in a state prison or is
subject to reimprisonment for escape from custody and the law either
requires the terms to be served consecutively or the court imposes
consecutive terms, the term of imprisonment for all the convictions
that the person is required to serve consecutively shall commence
from the time the person would otherwise have been released from
prison. If the new offenses are consecutive with each other, the
principal and subordinate terms shall be calculated as provided in
subdivision (a). This subdivision shall be applicable in cases of
convictions of more than one offense in different proceedings, and
convictions of more than one offense in the same or different
proceedings.
(d) When the court imposes a prison sentence for a felony pursuant
to Section 1170, the court shall also impose the additional terms
provided for any applicable enhancements. The court shall also
impose any other additional term that the court determines in its
discretion or as required by law shall run consecutive to the term
imposed under Section 1170. In considering the imposition of the
additional term, the court shall apply the sentencing rules of the
Judicial Council.
(e) All enhancements shall be alleged in the accusatory pleading
and either admitted by the defendant in open court or found to be
true by the trier of fact.
(f) When two or more enhancements may be imposed for being armed
with or using a dangerous or deadly weapon or a firearm in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense. This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for the infliction of great
bodily injury.
(g) When two or more enhancements may be imposed for the
infliction of great bodily injury in the commission of a single
offense, only the greatest of those enhancements shall be imposed for
that offense. This subdivision shall not limit the imposition of
any other enhancements applicable to that offense, including an
enhancement for being armed with or using a dangerous or deadly
weapon or a firearm.
(h) For any violation of paragraph (2), (3), or (6) of subdivision
(a) of Section 261, paragraph (1) or (4) of subdivision (a) of
Section 262, Section 264.1, subdivision (b) of Section 288,
subdivision (a) of Section 289, or sodomy or oral copulation by
force, violence, duress, menace, or fear of immediate and unlawful
bodily injury on the victim or another person as provided in Section
286 or 288a, the number of enhancements that may be imposed shall not
be limited, regardless of whether the enhancements are pursuant to
this section, Section 667.6, or some other section of law. Each of
the enhancements shall be a full and separately served enhancement
and shall not be merged with any term or with any other enhancement.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.