BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2182
                                                                  Page  1

          Date of Hearing:   May 2, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2182 (Torres) - As Amended:  April 10, 2012 

          Policy Committee:                              Public 
          SafetyVote:  4-2

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill requires (rather allows) a peace officer to arrest any 
          person for carrying a concealed handgun in an airport without a 
          concealed weapons permit.  

           FISCAL EFFECT  

          No direct state costs. Potential, nonreimbursable local law 
          enforcement costs as a result of requiring an arrest and thus 
          increasing the duties of local law enforcement. Arguably this 
          bill should be keyed a state mandate.

           COMMENTS  

           1)Rationale  . The author contends this is a serious offense that 
            merits automatic arrest and no discretion by the citing peace 
            officer to cite and release.

           2)The general rule for all misdemeanors is that offenders are 
            cited and released  . With the exception of specified domestic 
            violence offenses, virtually all misdemeanor offenses involve 
            citing and releasing alleged offenders unless specified 
            criteria are met. Peace officers are trained to release 
            alleged misdemeanants unless one of the following criteria is 
            present:

             a)   A likelihood the offense would continue, or safety of 
               persons or property is endangered.
             b)   The person arrested is so intoxicated he or she could be 
               a danger.
             c)   The person requires medical care or is unable to care 








                                                                  AB 2182
                                                                  Page  2

               for his or her own safety.
             d)   The person fails to offer satisfactory identification or 
               refuses to sign a promise to appear.
             e)   There are outstanding arrest warrants.   
             f)   Prosecution could be jeopardized by cite and release.   
             g)   The person demands to be taken before a magistrate.   
             h)   There is reason to believe the person would not appear 
               at the time and place specified.   
             i)   The person is subject to specified bail provisions.

           3)Is there a documented reason to treat this misdemeanor 
            differently than most misdemeanors  ? Is there a demonstrable 
            need to delete law enforcement's discretion to cite and 
            release in the case of carrying a concealed weapon within an 
            airport?

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