BILL ANALYSIS
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THIRD READING
Bill No: AB 2523
Author: Thomson (D), et al
Amended: 8/25/00 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/6/00
AYES: Vasconcellos, Johnston, McPherson, Polanco, Rainey
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 61-9, 5/15/00 - See last page for vote
SUBJECT : Brandishing a handgun in public
SOURCE : Author
DIGEST : This bill increases the maximum county jail term
for brandishing a handgun in a public place from six months
(with a minimum three-months' term) to a maximum of one
year in county jail (with a minimum of three months), or a
minimum of 16 months in the state prison.
Senate Floor Amendments of 8/25/00 provide the same minimum
penalty for any brandishing of a firearm. Add Rod Pacheco
as co-author.
ANALYSIS : Existing law provides that every person who
draws or exhibits any deadly weapon in a rude, angry, or
threatening manner, or who uses such a weapon in any fight
or quarrel, is guilty of a misdemeanor. Unless otherwise
specified, the punishment for the offense is 6 months in
CONTINUED
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the county jail with a minimum sentence of not less than 30
days. (Pen. Code 417, subd. (a)(1).)
Existing law provides that every person who draws or
exhibits any firearm, whether loaded or unloaded, in a
rude, angry, or threatening manner, or who uses a firearm
in any fight or quarrel, is guilty of a misdemeanor.
Unless otherwise specified, the punishment for the offense
is six months in the county jail with a minimum sentence of
not less than three months. (Pen. Code 417, subd.
(a)(2).)
Existing law provides that every person who draws or
exhibits any firearm, whether loaded or unloaded, in a
rude, angry, or threatening manner, or who uses a firearm
in any fight or quarrel, upon the grounds of a day care or
youth center during normal hours of operation, is guilty of
an alternate felony-misdemeanor. The punishment for the
offense is up to one year in the county jail, with a
minimum sentence of three months, or one, two, or three
years in state prison. (Pen. Code 417, subd. (b).)
Existing law provides that any person who, while on the
grounds of a playground or youth center while children are
present, illegally possesses a loaded firearm or a
concealed handgun, or who draws or exhibits a firearm in
violation of Penal Code section 417, subdivision (a)(2) -
the standard brandishing offense - is guilty of an
alternate felony-misdemeanor, punishable by up to one year
in the county jail, or in the state prison for one, two, or
three years. (Pen. Code 626.95.)
Existing law provides that every person who, in the
presence of another, draws or exhibits any firearm, whether
loaded or unloaded, in a rude, angry, or threatening
manner, and who knows or should know that the other person
is a peace officer engaged in his or her duties, is guilty
of an alternate felony-misdemeanor, punishable by
imprisonment from nine months to one year in the county
jail, or 16 months, two, or three years in state prison.
(Pen. Code 417, subd. (c).)
Existing law provides that any person who draws or exhibits
any firearm, whether loaded or unloaded, or a deadly
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weapon, with the intent to resist an arrest or detention by
a peace officer, is guilty of a felony, punishable by two,
three, or four years in state prison. (Pen. Code 417.8.)
Existing law provides that any person who, during the
commission of the offense of brandishing a deadly weapon or
firearm, intentionally inflicts great bodily injury (GBI)
is guilty of an alternate felony-misdemeanor, punishable by
up to one year in the county jail, or 16 months, two, or
three years in state prison. (Pen. Code 417.6.)
Existing law provides that any person convicted of
specified misdemeanors, including sections 417 and 417.6,
is prohibited from owning, possessing, or controlling any
firearm for ten years after the misdemeanor conviction;
violations are punishable as an alternate
felony-misdemeanor, punishable by up to one year in the
county jail, or 16 months, two, or three years in state
prison. (Penal Code section 12021(c)(1))
This bill provides that every person who, in a public
place, draws or exhibits a handgun, whether loaded or not,
in a rude or threatening manner, or who uses a handgun in
any fight or quarrel, is guilty of a misdemeanor,
punishable by imprisonment in the county jail up to one
year and/or by a fine not to exceed $1,000. (Antique
firearms are exempted from the amended penalties.)
Existing law provides that 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.
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This bill would increase the minimum sentence to a state
prison from one year to 16 months.
This bill defines "public place" as any of the following:
a public place in an incorporated city, a public street in
an incorporated city, or a public street in an
unincorporated area.
Prior legislation :
AB 491 (Scott) passed the Senate Floor 23-13 on 9/7/99 and
became Chapter 571, Statutes of 1999.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/20/00)
California Child, Youth and Family Coalition
ARGUMENTS IN SUPPORT : According to the author:
This bill is designed to encourage responsible gun
ownership by applying stiffer penalties to those who
brandish a handgun in a public place. This bill provides
greater uniformity by modifying the existing penalty to be
more consistent with other more aggravated forms of
displaying a weapon, such as brandishing any weapon upon
the grounds of a youth or day care center during business
hours, or brandishing a weapon in the presence of a peace
officer.
ASSEMBLY FLOOR :
AYES: Alquist, Aroner, Bates, Bock, Brewer, Briggs,
Calderon, Campbell, Cardenas, Cardoza, Cedillo, Corbett,
Correa, Cox, Cunneen, Davis, Dickerson, Ducheny, Dutra,
Firebaugh, Florez, Gallegos, Havice, Honda, House,
Jackson, Keeley, Knox, Leach, Lempert, Longville,
Lowenthal, Machado, Maldonado, Margett, Mazzoni, Nakano,
Olberg, Oller, Robert Pacheco, Papan, Pescetti, Reyes,
Romero, Scott, Shelley, Steinberg, Strickland,
Strom-Martin, Thomson, Torlakson, Villaraigosa, Vincent,
Washington, Wayne, Wesson, Wiggins, Wildman, Wright,
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Zettel, Hertzberg
NOES: Ackerman, Ashburn, Baldwin, Baugh, Kaloogian,
McClintock, Rod Pacheco, Runner, Thompson
RJG:jk 8/28/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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