BILL ANALYSIS
Appropriations Committee Fiscal Summary
SB 23 (Perata)
Hearing Date:5/10/99 Amended:4/6/99
Consultant: Lisa Matocq Policy Vote:Pub Saf 4-0
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BILL SUMMARY: SB 23 (1) expands the scope of various
crimes and sentence enhancements by expanding the
definition of assault weapons, (2) requires that the "new"
assault weapons be registered with DOJ within 1 year, as
specified, and (3) makes related changes.
Fiscal Impact (in thousands)
Major Provisions 1999-2000 2000-01 2001-02
Fund
Felonies and sentence Unknown increased costs, in excess of
General
enhancements $150 annually, and potentially significant
for incarceration in state prison
Misdemeanors Unknown increased mandated, nonreim- Local
bursable costs for county jail and
probation
DOJ registration and $ 885 $ 630 unknown
Special*
public education potentially fully offset by increased fee
revenues
Courts Probably less than $50 annually for
Special**
increased workload
*Dealers' Record of Sale Account
**Trial Court Trust Fund
STAFF COMMENTS: This bill meets the criteria to be placed
on the Suspense File. Under current law, the Roberti-Roos
Assault Weapons Control Act of 1989, the sale, manufacture,
transportation, importing, or lending of assault weapons is
a felony, punishable by 4, 6 or 8 years in state prison.
Except as otherwise provided, possession is a wobbler,
punishable by up to 1 year in county jail or in state
prison. A sentence enhancement of 10 or 20 years, or life
applies if a firearm is used in specified crimes. The list
of assault weapons includes certain semiautomatic rifles,
pistols, and shotguns. Persons who lawfully possess an
assault weapon are required to register with DOJ. This
bill:
expands the scope of various crimes and sentence
enhancements by redefining "assault weapon" (e.g. any
person armed with one of the listed firearms during the
commission of a felony is subject to a 3-year
enhancement, any person who uses a listed firearm during
the commission of a felony is subject to a 5, 6 or
10-year enhancement, and anyone who commits assault on
another person with an assault weapon is subject to a 4,
8 or 12-year enhancement)
makes it a wobbler, punishable by up to 1 year in county
jail or in state prison, to manufacture, import, keep or
offer for sale, or give or lend, any detachable
large-capacity magazine, as specified,
requires that the "new" assault weapons be registered
with DOJ within 1 year of the effective date of the bill,
as specified,
requires DOJ to include the new assault weapons in its
public education campaign,
exempts certain off-duty and retired law enforcement
personnel from the prohibition against possession,
purchase, or sale of assault weapons, and makes related
changes.
Broadening the scope of the ban on manufacture, sale,
import, or possession of certain weapons to include
large-capacity magazines could result in some persons new
to prison. There were 367 prison admissions during 1997-98
for violations of the existing ban. For every 10% of
prison admissions affected by this bill, increased
incarceration costs are $758,000 annually, beginning
2000-01; $392,000 assuming 50% good-time credits.
Expanding the definition of assault weapons could also
result in some persons new to state prison and some persons
serving additional time. There were 5 prison admissions
during 1997-98 for manufacture, sale or import of assault
weapons, and 11 for possession. For every 10% of prison
admissions impacted by this bill, increased incarceration
costs are about $42,000 beginning 1999-2000, increasing by
at least $21,000 annually in subsequent years, until
reaching about $ 147,000. With regard to the expanded
sentence enhancements, during 1997-98, 5 persons received
the 3-year enhancement "armed with" offense, 17 persons
received the 5, 6 or 10-year enhancement for the "use"
offense, and 1 person received the 4, 8 or 12-year
enhancement for assault on another with an assault weapon.
For every 10% of sentence enhancements affected by this
bill, increased incarceration costs are $ 63,000 annually
beginning as early as 2000-01, increasing to about $189,000
annually in subsequent years.
Overall, there are unknown increased incarceration costs,
in excess of $150,000 annually, and potentially significant
in out years as longer sentences take effect. For every
inmate year, incarceration costs are about $21,000. It
would take only 8 inmate years to exceed annual
incarceration costs of $150,000. In addition, according to
DOJ, there are estimated increased costs of $885,000 in the
first year, and $630,000 in the second year for the public
education and registration portions of the bill. DOJ
believes these costs are fully offset by fee revenues
(staff notes the bill does specify that any costs incurred
by DOJ for the public education campaign that cannot be
absorbed by the department shall be funded from the DROS
account, upon appropriation by the Legislature).
AB 2560 (Perata) of 1998 was nearly identical to this bill
and was vetoed by the Governor. In his veto message, the
Governor expressed concerns over the definition of assault
weapons. The definition has been changed in this bill.