BILL ANALYSIS
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THIRD READING
Bill No: AB 714
Author: Feuer (D)
Amended: 3/27/09 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/16/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg
NO VOTE RECORDED: Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 5/11/09 - See last page for vote
SUBJECT : Composite knuckles
SOURCE : Los Angeles County District Attorneys Office
Los Angeles County Sheriffs Department
DIGEST : This bill makes the possession, manufacture,
importation or sale of composite knuckles, as defined, a
misdemeanor, punishable by up to six months in jail, a fine
of up to $1000, or both.
ANALYSIS :
Under existing law, any person who manufactures, imports,
offers or exposes for sale, or possesses a variety of
items, such as a cane gun, short-barreled shotgun, or "any
metal knuckles," is guilty of a crime punishable by
imprisonment in the county jail not exceeding one year, or
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imprisonment in the state prison (16 months, two, or three
years). (Penal Code Section 12020.)
Existing law defines "metal knuckles" to mean any device or
instrument made wholly or partially of metal which is worn
for purposes of offense or defense in or on the hand and
which either protects the wearer's hand while striking a
blow or increases the force of impact from the blow or
injury to the individual receiving the blow. The metal
contained in the device may help support the hand or fist,
provide a shield to protect it, or consist of projections
or studs which would contact the individual receiving a
blow. (Penal Code Section 12029 (c)(7).)
Existing law provides that any person in this state who
commercially manufactures or causes to be commercially
manufactured, or who knowingly imports into the state for
commercial sale, keeps for commercial sale, or offers or
exposes for commercial sale, any hard plastic knuckles or
hard wooden knuckles, as defined, is guilty of a
misdemeanor. (Penal Code Section 12020.1.)
Existing law defines "hard plastic knuckles" or "hard
wooden knuckles" as any device or instrument made wholly
or partially of plastic or of wood, composite, or paper
materials that is not a metal knuckle, as defined, that
is worn for purposes of offense or defense in or on the
hand, and that either protects the wearer's hand while
striking a blow or increases the force of impact from the
blow or injury to the individual receiving the blow. The
plastic, wood, composite or paper products contained in
the device may help support the hand or fist, provide a
shield to protect it, or consist of projections or studs
that would contact the individual receiving a blow.
(Penal Code Section 12020.1.)
Existing law provides that any person who commercially
manufactures or causes to be commercially manufactured, or
who knowingly imports into the state for commercial sale,
keeps for commercial sale, or offers or exposes for
commercial sale, any undetectable knife is guilty of a
misdemeanor. (Penal Code Section 12001.1.)
This bill recasts the prohibitions on hard knuckles to
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replace the term "hard plastic knuckles" with "composite
knuckles" and add possession to the existing prohibitions
on commercial manufacture, importation for commercial sale
or commercial sale of hard plastic, hard wooden or
composite knuckles. Possession of these hard wooden or
composite knuckles is a misdemeanor, punishable by up to
six months in jail, a fine of up to $1000, or both.
This bill defines composite knuckles as any device or
instrument made wholly or partially of composite materials,
other than a medically prescribed prosthetic, that is not a
metal knuckle, as defined, that is worn in or on the hand
for purposes of offense or defense, and that either
protects the wearer's hand while striking a blow or
increases the force of impact from the blow or injury to
the individual receiving the blow. The composite materials
contained in the device may help support the hand or fist,
provide a shield to protect it, or consist of surface,
edges, ridges, points, projections or studs that contact
the individual receiving a blow.
Prior legislation
SB 1162 (Maldonado), Chapter 346, Statutes of 2008
AB 2706 (Feuer), of 2008, passed out of the Senate 35-0,
8/11/08 - vetoed
SB 1689 (Margett), Chapter 208, Statutes of 2002
An identical version of this bill, AB 2706 (Feuer), was
approved by the Senate Public Safety Committee last year
and was subsequently vetoed. The Governor's veto message
stated: "The historic delay in passing the 2008-2009 State
Budget has forced me to prioritize the bills sent to my
desk at the end of the year's legislative session. Given
the delay, I am only signing bills that are the highest
priority for California. This bill does not meet that
standard and I cannot sign it at this time"
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
ARGUMENTS IN SUPPORT : According to the author's office,
the current language contained within Penal Code Section
12020.1 is insufficient to protect law enforcement and
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other public safety officers from knuckles weapons that are
constructed from composite materials. Existing law
prohibits the commercial manufacturing, importation into
the state for commercial sale, keeping for commercial sale,
or offering or exposing for commercial sale of plastic
knuckles, but allows for the lawful possession of these
weapons. These weapons are even more dangerous than their
metal or brass counterparts because they are undetectable
in metal detectors, creating the potential for these
weapons to be smuggled onto airplanes, into courthouses and
other public buildings, and into prisons. This bill will
close the loophole that allows these dangerous weapons to
pose a threat to law enforcement officers and the general
public.
Proponents of this bill argue that these composite knuckles
are a newly developed product and therefore it is unlikely
that very many law-abiding citizens would have these in
their possession and be made into criminals by outlawing
possession of this item at this time. The Los Angeles
Sheriff's Department states a particular concern regarding
these knuckles, "The composite knuckles are as strong as
traditional brass knuckles and cause an equal or greater
amount of damage when used to attack another person.
However; unlike metal or brass knuckles, composite knuckles
are undetectable by metal detectors. Because composite
knuckles are undetectable by metal detectors, there is a
fear that these weapons can easily be smuggled into secure
areas such as jails, courthouses, airports and government
buildings."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,
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Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Bass
NO VOTE RECORDED: Duvall, Yamada
RJG:do 6/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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