BILL NUMBER: AB 814	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2010
	AMENDED IN SENATE  DECEMBER 17, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 26, 2009

   An act to amend  Sections 12010 and 12021 of the Penal
Code, relating to firearms.   Section 3010 of the
Elections Code, relating to elections. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 814, as amended, Hill.  Firearms: surrender. 
 Vote by mail ballots: notification.  
   Existing law requires elections officials to provide a vote by
mail ballot and supplies necessary to complete and return the ballot
to each qualified vote by mail voter prior to an election.  

   This bill would additionally require that elections officials
include a notification with the vote by mail ballot that would inform
the voter that he or she should receive a voter information guide.
 
   Because the bill would require additional duties from elections
officials, it would impose a state-mandated local program.  

   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   Existing law directs the Attorney General to establish a
Prohibited Armed Persons File, as specified.  
   This bill would urge local law enforcement agencies to obtain a
secured mailbox from the Department of Justice in order to receive
information from the Prohibited Armed Persons File, and would
encourage review of the file in connection with the relinquishment of
firearms by defendants subsequent to conviction, as specified.
 
   Existing law makes it an offense for a person convicted of a
felony, who is addicted to narcotics, or, for a period of 10 years,
for a person who is convicted of specified misdemeanors, to own,
purchase, receive, have in their possession or under their custody or
control any firearm, as specified. Existing law provides for a
notice to a defendant of these provisions, as specified. 

   This bill would establish a procedure for a defendant who owns,
has possession, custody, or control of a firearm, to sell the firearm
to a firearms dealer or relinquish the firearm to a law enforcement
agency in order to comply with the prohibitions described above. The
procedure would in part require the defendant to disclose whether the
defendant owns or has possession, custody, or control of any
firearms and to list those firearms. The bill would provide
procedures for persons in or out of custody to relinquish their
firearms, including designating a law enforcement agency or a person
as the defendant's designee, and would require the defendant or the
defendant's designee to file a form showing, among other things, the
date the firearm was relinquished. Failure to timely file the form
would, subject to exception, be an infraction punishable by a fine
not exceeding $500. 
   By creating a new infraction, this bill would impose a
state-mandated local program. By imposing additional duties on local
law enforcement agencies, this bill would impose a state-mandated
local program.  
   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. Fiscal committee: yes.
State-mandated local program: yes.


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

   SECTION 1.    Section 3010 of the  
Elections Code   is amended to read: 
   3010.  The elections official shall deliver to each qualified
applicant:
   (a) The ballot for the precinct in which he or she resides. In
primary elections this shall also be accompanied by the ballot for
the central committee of the party with which the voter is
affiliated, if any.
   (b) All supplies necessary for the use and return of the ballot.

   (c) A notification that the voter should receive a voter
information guide containing detailed information on the candidates
and measures that will be on the ballot for the election. 
   No officer of this state may make any charge for services rendered
to any voter under this chapter.
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  All matter
omitted in this version of the bill appears in the bill as amended in
the Senate, December 17, 2009. (JR11)