BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 668
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          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
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          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
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             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
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          "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 

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