BILL ANALYSIS
AB 668
Page 1
ASSEMBLY THIRD READING
AB 668 (Lieu)
As Amended June 1, 2009
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Solorio, Hagman, |Ayes:|De Leon, Nielsen, Ammiano, |
| |Furutani, Gilmore, Hill, | |Charles Calderon, Davis, |
| |Ma, Skinner | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, |
| | | |John A. Perez, Price, |
| | | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Krekorian |
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SUMMARY : Extends the "school zone" for purposes of criminal
sanctions for violating a gun-free area from 1,000 feet to 1,500
feet. Specifically, this bill:
1)Specifies that exceptions to the possession of a pistol in a
school zone must be "lawfully possessed."
2)Clarifies that nothing in this section is meant to allow an
individual, other than those specifically exempted to possess
a firearm on any school facility without the written
permission of the school district superintendent, his or her
designee, or equivalent school authority.
3)Defines a "school facility" as any building or property,
excluding driveways and parking lots, located on the grounds
of a public or private school providing instruction in
Kindergarten or Grades 1 to 12, inclusive.
4)Specifies that this section does not prohibit the otherwise
lawful possession or lawful transportation of a firearm, other
than a pistol, revolver, or other firearm capable of being
concealed upon the person, located within a vehicle while the
vehicle is on the driveway or the parking lot of a school.
EXISTING LAW :
AB 668
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1)Establishes the Gun-Free School Zone Act of 1995.
2)States that any person who possesses a firearm in a place that
the person knows, or reasonably should know, is a school zone
unless it is with the written permission of the school
district superintendent, his or her designee, or equivalent
school authority, shall be punished as follows:
a) Any person who possesses a firearm in, or on the grounds
of, a public or private school providing instruction in
Kindergarten or Grades 1 to 12, inclusive, shall be
punished by imprisonment in the state prison for two,
three, or five years.
b) Any person who possesses a firearm within a distance of
1,000 feet from the grounds of a public or private school
providing instruction in Kindergarten or Grades 1 to 12,
inclusive, shall be punished as follows:
i) By imprisonment in the state prison for two, three,
or five years, if any of the following circumstances
apply:
(1) If the person previously has been convicted of
any felony, or of any specified firearms offense.
(2) If the person is within a specified class of
persons prohibited from possessing or acquiring a
firearm.
(3) If the firearm is any pistol, revolver, or
other firearm capable of being concealed upon the
person and the offense is punished as a felony
violation of carrying a concealed weapon.
ii) By imprisonment in a county jail for not more than
one year or by imprisonment in the state prison for two,
three, or five years, in all other cases.
c) States that any person who discharges or attempts to
discharge a firearm on school grounds shall be punished by
imprisonment in the state prison for three, five, or seven
years.
AB 668
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d) Provides every person convicted under this section for a
misdemeanor violation of subdivision (b) who has been
convicted previously of a misdemeanor offense enumerated in
Penal Code Section 12001.6 shall be punished by
imprisonment in a county jail for not less than three
months, or if probation is granted or if the execution or
imposition of sentence is suspended, it shall be a
condition thereof that he or she be imprisoned in a county
jail for not less than three months.
e) Every person convicted under this section of a felony
violation of subdivision (b) or (d) who has been convicted
previously of a misdemeanor offense enumerated in Penal
Code Section 12001.6, if probation is granted or if the
execution of sentence is suspended, it shall be a condition
thereof that he or she be imprisoned in a county jail for
not less than three months.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Increased annual General Fund costs, potentially in the range
of $200,000, for increased state incarceration as a result of
increasing the boundaries of a K-12 school zone.
2)Unknown annual nonreimbursable local costs, likely in the
range of hundreds of thousands of dollars, for increased
incarceration as a result of exposing more persons to the
county jail penalties and mandatory 90-day minimum jail terms.
COMMENTS : According to the author, "AB 668 will expand the
boundaries of the Gun-Free School Zones from 1,000 feet to 1,500
feet in an effort to restrict the possession of firearms within
school zones and to conform the boundaries with Safe School
Zones. This bill will ensure that criminal possession or use of
a gun around schools is still applicable to the Gun-Free School
Zone Act.
"AB 668 also clarifies the exceptions to the Gun-Free School
Zone Act applies only to individuals who are in lawful
possession or who are lawfully transporting a firearm. These
clarifications ensure that individuals who illegally possess
firearms are not able to exploit the Act's exemptions thus
maintaining the Legislature's original intent.
AB 668
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"AB 668 is an important measure to further protect schools and
the surrounding communities from gun-related violence and crime.
By providing a safer environment for children to attend school,
California's students are able focus their minds on achieving
academically."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0001289