BILL NUMBER: AB 334	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 27, 2008
	AMENDED IN SENATE  JUNE 25, 2007

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 13, 2007

    An act to amend Sections 12001 and 12077 of, and to add
Section 12043 to, the Penal Code, relating to firearms. 
 An act to add Section 326.45 to the Pena   l Code,
relating to bingo, and making an appropriation therefor. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 334, as amended, Levine.  Firearms: loss and theft.
  Remote caller bingo.  
   Existing law permits cities, counties, and cities and counties to
allow bingo games to be conducted by specified organizations for
charitable purposes. Existing law provides for the licensure and
regulation of gambling establishments, as defined, by the California
Gambling Control Commission.  
   This bill would appropriate up to $500,000, as determined by order
of the Director of Finance, to the commission for use in the 2008-09
fiscal year for purposes relating to the regulation of remote caller
bingo, as specified.  
   The bill would become operative only if SB 1369 of the 2007-08
Regular Session is enacted and becomes operative.  
   Existing law defines "firearm" and provides that for certain
purposes, including certain offenses, "firearm" includes the frame or
receiver of the weapon.  
   This bill would provide that the term "firearm" also includes the
frame or receiver of the weapon for purposes of the offense of
failure to report a stolen or lost firearm.  
   Existing law generally regulates the possession of firearms.
 
   This bill would make it an infraction for any person whose handgun
is stolen or irretrievably lost to, within 5 working days after his
or her discovery or knowledge of, or within 5 working days after the
date he or she should reasonably have known of, the theft or loss,
fail to report the theft or loss to a local law enforcement agency of
the jurisdiction in which the theft or loss occurred or in which the
person resides. The bill would require the Attorney General, in
cooperation with law enforcement agencies and firearms-related
organizations to develop a protocol for the implementation of these
provisions, as specified, on or before April 1, 2008. The protocol
would include requirements that peace officers notify victims of
theft of the requirement to report missing or lost handguns, and
requirements that the peace officer assist the victim, to the extent
practicable, in identifying the make, model, and serial number of the
victim's lost or stolen handgun.  
   By creating a new crime, this bill would impose a state-mandated
local program. By imposing additional duties on local peace officers,
ths bill would impose a state-mandated local program. 

   Existing law requires the Department of Justice to prescribe the
form of the register and the record of electronic transfer in
connection with information recorded and forwarded to the department
by firearms dealers in connection with handgun sales, as specified.
 
   This bill would require these documents to contain an advisement
regarding the requirement of a handgun owner to report a missing or
lost handgun, as specified. The bill would make other technical
changes.  
   This bill would incorporate additional changes to Section 12001 of
the Penal Code, proposed in AB 854, to be operative only if AB 854
and this bill are enacted, and each bill amends Section 12001 of the
Penal Code, and this bill is enacted after AB 854.  

   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
 
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee: yes. State-mandated local program: 
yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 326.45 is added to the 
 Penal Code   , to read:  
   326.45.  Up to five hundred thousand dollars ($500,000), as
determined by order of the Director of Finance, is hereby
appropriated from the California Bingo Fund to the California
Gambling Control Commission for use in the 2008-09 fiscal year for
the purposes described in subparagraph (C) of paragraph (3) of
subdivision (p) of Section 326.3. 
   SEC. 2.    This act shall become operative only if
Senate Bill 1369 of the 2007-08 Regular Session is enacted and
becomes operative.  All matter omitted in this version of the
bill appears in the bill as amended in Senate, June 25, 2007 (JR11)