BILL ANALYSIS AB 668 Page 1 ASSEMBLY THIRD READING AB 668 (Lieu) As Amended June 1, 2009 Majority vote PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0 ------------------------------------------------------------------- |Ayes:|Solorio, Hagman, |Ayes:|De Leon, Nielsen, Ammiano, | | |Furutani, Gilmore, Hill, | |Charles Calderon, Davis, | | |Ma, Skinner | |Duvall, Fuentes, Hall, | | | | |Harkey, Miller, | | | | |John A. Perez, Price, | | | | |Skinner, Solorio, Audra | | | | |Strickland, Torlakson, | | | | |Krekorian | ------------------------------------------------------------------- SUMMARY : Extends the "school zone" for purposes of criminal sanctions for violating a gun-free area from 1,000 feet to 1,500 feet. Specifically, this bill: 1)Specifies that exceptions to the possession of a pistol in a school zone must be "lawfully possessed." 2)Clarifies that nothing in this section is meant to allow an individual, other than those specifically exempted to possess a firearm on any school facility without the written permission of the school district superintendent, his or her designee, or equivalent school authority. 3)Defines a "school facility" as any building or property, excluding driveways and parking lots, located on the grounds of a public or private school providing instruction in Kindergarten or Grades 1 to 12, inclusive. 4)Specifies that this section does not prohibit the otherwise lawful possession or lawful transportation of a firearm, other than a pistol, revolver, or other firearm capable of being concealed upon the person, located within a vehicle while the vehicle is on the driveway or the parking lot of a school. EXISTING LAW : AB 668 Page 2 1)Establishes the Gun-Free School Zone Act of 1995. 2)States that any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as follows: a) Any person who possesses a firearm in, or on the grounds of, a public or private school providing instruction in Kindergarten or Grades 1 to 12, inclusive, shall be punished by imprisonment in the state prison for two, three, or five years. b) Any person who possesses a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in Kindergarten or Grades 1 to 12, inclusive, shall be punished as follows: i) By imprisonment in the state prison for two, three, or five years, if any of the following circumstances apply: (1) If the person previously has been convicted of any felony, or of any specified firearms offense. (2) If the person is within a specified class of persons prohibited from possessing or acquiring a firearm. (3) If the firearm is any pistol, revolver, or other firearm capable of being concealed upon the person and the offense is punished as a felony violation of carrying a concealed weapon. ii) By imprisonment in a county jail for not more than one year or by imprisonment in the state prison for two, three, or five years, in all other cases. c) States that any person who discharges or attempts to discharge a firearm on school grounds shall be punished by imprisonment in the state prison for three, five, or seven years. AB 668 Page 3 d) Provides every person convicted under this section for a misdemeanor violation of subdivision (b) who has been convicted previously of a misdemeanor offense enumerated in Penal Code Section 12001.6 shall be punished by imprisonment in a county jail for not less than three months, or if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. e) Every person convicted under this section of a felony violation of subdivision (b) or (d) who has been convicted previously of a misdemeanor offense enumerated in Penal Code Section 12001.6, if probation is granted or if the execution of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months. FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)Increased annual General Fund costs, potentially in the range of $200,000, for increased state incarceration as a result of increasing the boundaries of a K-12 school zone. 2)Unknown annual nonreimbursable local costs, likely in the range of hundreds of thousands of dollars, for increased incarceration as a result of exposing more persons to the county jail penalties and mandatory 90-day minimum jail terms. COMMENTS : According to the author, "AB 668 will expand the boundaries of the Gun-Free School Zones from 1,000 feet to 1,500 feet in an effort to restrict the possession of firearms within school zones and to conform the boundaries with Safe School Zones. This bill will ensure that criminal possession or use of a gun around schools is still applicable to the Gun-Free School Zone Act. "AB 668 also clarifies the exceptions to the Gun-Free School Zone Act applies only to individuals who are in lawful possession or who are lawfully transporting a firearm. These clarifications ensure that individuals who illegally possess firearms are not able to exploit the Act's exemptions thus maintaining the Legislature's original intent. AB 668 Page 4 "AB 668 is an important measure to further protect schools and the surrounding communities from gun-related violence and crime. By providing a safer environment for children to attend school, California's students are able focus their minds on achieving academically." Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0001289