BILL ANALYSIS
AB 2668
Page 1
ASSEMBLY THIRD READING
AB 2668 (Galgiani)
As Amended May 28, 2010
Majority vote
PUBLIC SAFETY APPROPRIATIONS 12-0
(vote not relevant)
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| | |Ayes:|Fuentes, Ammiano, |
| | | |Bradford, |
| | | |Charles Calderon, Coto, |
| | | |Davis, |
| | | |Monning, Ruskin, Skinner, |
| | | |Solorio, Torlakson, |
| | | |Torrico |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Prohibits a person from possessing or bringing
specified weapons within the State Capitol, any legislative
office, any hearing room, or the Legislative Office Building.
Specifically, this bill :
1)Provides that any person who brings or possessed, with the
State Capitol, any legislative office, or any hearing room in
which any committee of the Senate or Assembly is conducting a
hearing; the Legislative Office Building at 1020 "N" Street in
the City of Sacramento; or upon the grounds of the State
Capitol, bounded by 10th, "L", 15th, and "N" Streets in the
City of Sacramento, any of the following, is guilty of a
misdemeanor punishable by imprisonment in a county jail for a
period not to exceed one year, or by a fine not exceeding
$1,000, or by both that fine and imprisonment, or by
imprisonment in the state prison, if the area is posted with a
statement providing reasonable notice that prosecution may
result from possession of any of these items:
a) Any firearm;
b) Any deadly weapon as described under existing law;
c) Any knife with a blade length in excess of four inches,
the blade of which is fixed or is capable of being fixed in
an unguarded position by the use of one or two hands;
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d) Any unauthorized tear gas weapon;
e) Any stun gun as described under existing law;
f) Any instrument that expels a metallic projectile, such
as a BB or pellet, through the force of air pressure,
carbon dioxide pressure, or spring action, or any spot
market gun or paint gun;
g) Any ammunition as defined under existing law; and,
h) Any explosive as defined under existing law.
2)Exempts the following people from the aforementioned
restriction:
a) A duly appointed peace officer as defined under existing
law, a retired peace officer with authorization to carry
concealed weapons as described under existing law, a
full-time paid peace officer of another state or the
Federal Government who is carrying out official duties
while in California, or any person summoned by any of these
officers to assist in making arrests or preserving the
peace while he or she is actually engaged in assisting the
officer;
b) A person holding a valid license to carry the firearm
pursuant to existing law, and who has permission granted by
the Chief Sergeants at Arms of the State Assembly and State
Senate to possess a concealed weapon upon the State
Capitol, any legislative office, any hearing room, or the
Legislative Office Building; and,
c) A person who has permission granted by the Chief
Sergeants at Arms of the State Assembly and the State
Senate to possess a weapon upon the premise.
EXISTING LAW :
1)Provides that any person, except a duly appointed peace
officer as defined under existing law, a full-time paid peace
officer of another state or the Federal Government who is
carrying out official duties while in California, any person
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summoned by any such officer to assist in making arrests or
preserving the peace while he or she is actually engaged in
assisting such officer, a member of the military forces of
California or the United States engaged in the performance of
his or her duties, or a person holding a valid license to
carry the firearm pursuant to existing law, who brings a
loaded firearm into, or possesses a loaded firearm within, the
State Capitol, any legislative office, any office of the
Governor or other constitutional officer, or any hearing room
in which any committee of the Senate or Assembly is conducting
a hearing, or upon the grounds of the State Capitol, which is
bounded by 10th, "L", 15th, and "N" Streets in the City of
Sacramento, shall be punished by imprisonment in the county
jail for a period of not more than one year, a fine of not
more than $1,000, or both such imprisonment and fine, or by
imprisonment in the state prison.
2)Deems a firearm to be loaded whenever both the firearm and
unexpended ammunition capable of being discharged from such
firearm are in the immediate possession of the same person.
In order to determine whether or not a firearm is loaded for
the purpose of enforcing Penal Code Section 171c, peace
officers are authorized to examine any firearm carried by
anyone on his or her person in a vehicle while in any place or
on the grounds of any place in or on which the possession of a
loaded firearm pursuant to the provisions of this section
constitutes probably cause for arrest for violation of Penal
Code Section 171c.
3)Disallows any person or group of persons to willfully and
knowingly:
a) Enter or remain within or upon any part of the chamber
of either house of the Legislature unless authorized,
pursuant to rules adopted or permission granted by either
such house, to enter or remain within or upon a part of the
chamber of either such house;
b) Engage in any conduct within the State Capitol which
disrupts the orderly conduct of official business;
c) A violation of this section is a misdemeanor;
d) As used in this section, "State Capitol" is defined as
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the building which is intended primarily for the use of the
legislative department and situated in the area bounded by
10th, "L", 15th, and "N" Streets.
e) Nothing in this section shall forbid any act of any
member of the Legislature, or any employee of a Member of
the Legislature, any officer or employee of the Legislature
or any committee or subcommittee thereof, or any officer or
employee of either house of the Legislature or any
committee or subcommittee therefore, which is performed in
the lawful discharge of his or her official duties.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible state incarceration and nonreimbursable
local law enforcement costs as these offenses could also be
prosecuted under existing statute.
COMMENTS : According to the author, "Assembly Bill 2668 is
merely a clean-up bill to existing law affecting the possession
of weapons within the State Capitol building. There are 75,000
to 80,000 visitors per month to the Capitol; three to six
Concealed Weapons Permits per month are granted; and 7 to 10
off-duty peace officers with weapons per month are permitted.
In order to provide the California Highway Patrol and the
Sergeants-at-Arms the proper tools to deal with the safety of
all Capitol employees, the law needs to be re-defined to remove
ambiguities. AB 2668 clarifies the Penal Code to more closely
mirror the law relating to the possession of weapons in other
state or local buildings, and will allow law enforcement to
carry out their job more efficiently."
Analysis Prepared by : Nicole Hanson / PUB. S. / (916)
319-3744
FN: 0004650