BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 714
                                                                  Page  1

          Date of Hearing:   April 29, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                    AB 714 (Feuer) - As Amended:  March 27, 2009 

          Policy Committee:                              Public  
          SafetyVote:  7-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill replaces the definition of hard plastic knuckles with  
          a new definition for composite knuckles - defined as those  
          wholly or partially made of composite materials, other than a  
          medically prescribed prosthetic, that is not a metal knuckle,  
          and which protects the wearer's hand while striking a blow or  
          increases the force of impact from the blow - and applies the  
          current misdemeanor penalty for  possession, manufacture,  
          importation, or sale of hard plastic knuckles (up to six months  
          in a county jail and/or a fine of up to $1,000) to composite  
          knuckles. 

           FISCAL EFFECT
           
          1)No state cost.

          2)Minor nonreimbursable local law enforcement and incarceration  
            costs to the extent the proposed re-definition results in  
            additional jail commitments. In most cases, this offense could  
            likely be prosecuted under the current definition of hard  
            plastic knuckles, so any new costs should be minimal. 

           COMMENT
           
          1)Rationale. Proponents (law enforcement) contend current law  
            provides a loophole regarding knuckles constructed from  
            composite materials, which serve the same purpose as metal  
            knuckles and are undetectable in metal detectors, creating the  
            potential for these weapons to be smuggled onto airplanes,  
            into courthouses and prisons. 









                                                                  AB 714
                                                                  Page  2

           2)Current law  : (a) makes it a misdemeanor, punishable by up to  
            six months in county jail and/or a fine of up to $1,000 to  
            manufacture, import, or offers for sale, any hard plastic  
            knuckles or hard wooden knuckles and (b) makes it a wobbler,  
            punishable by up to 1 year in county jail or 16 months, 2, or  
            3 years in state prison, to manufacture, import, offer for  
            sale, or possess specified dangerous weapons, including metal  
            knuckles. 
           
          3)Prior Legislation  :

             a)   AB 2706 (Feuer), 2008, was similar to this bill in that  
               AB 2706 would have made the possession, manufacture,  
               importation, or sale of composite knuckles a misdemeanor.  
               AB 2706 was vetoed, receiving the generic veto message  
               related to the budget delay.  

             b)   AB 1162 (Maldonado), Statutes of 2008, added hard wooden  
               knuckles to existing provisions of law that make it a  
               misdemeanor to manufacture, import, or sell any hard  
               plastic knuckles.


             Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081