BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 814
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          ASSEMBLY THIRD READING
          AB 814 (Krekorian)
          As Amended  June 1, 2009
          Majority vote 

           PUBLIC SAFETY       7-0         APPROPRIATIONS      12-0        
           
           ------------------------------------------------------------------ 
          |Ayes:|Solorio, Hagman,          |Ayes:|De Leon, Ammiano, Charles  |
          |     |Furutani, Gilmore, Hill,  |     |Calderon, Davis, Fuentes,  |
          |     |Ma, Skinner               |     |Hall, John A. Perez, Price |
          |     |                          |     |Skinner, Solorio,          |
          |     |                          |     |Torlakson, Krekorian       |
           ------------------------------------------------------------------ 

           SUMMARY  :   Establishes a procedure for a defendant who owns,  
          possesses, or has custody or control of a firearm to sell that  
          firearm to a firearms dealer or relinquish the firearm to a law  
          enforcement agency when the defendant has been convicted of a  
          specified offense and prohibited from owning a firearm.   
          Specifically,  this bill  :   

          1)Requires the defendant to name a designee and grant the  
            designee power of attorney for the purpose of transferring or  
            disposing of any firearm.  The defendant may name a consenting  
            law enforcement agency as his or her designee.

          2)Requires the court to instruct a convicted defendant, as  
            specified, that he or she is prohibited from owning,  
            purchasing, receiving, possessing, or having under his or her  
            custody or control any firearm, and that he or she shall  
            relinquish all firearms through a designee, as specified.  

          3)Requires the court to provide the Prohibited Person  
            Relinquishment (PPR) form developed by the Department of  
            Justice (DOJ).  

          4)Requires the PPR form do all of the following:

             a)   Inform the defendant that he or she is prohibited from  
               owning, purchasing, receiving, possessing, or having under  
               his or her custody or control any firearm, and that he or  
               she will relinquish all firearms through a designee within  
               the specified period of time;








                                                                  AB 814
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             b)   Require the defendant to declare whether or not he or  
               she owned, possessed, or had in his or her custody any  
               firearms at the time judgment was imposed, and require the  
               defendant to describe the firearm with as much detail as  
               possible;

             c)   Require the defendant to name a consenting designee and  
               grant the designee power of attorney for the purposes of  
               transferring or disposing of all firearms;  

             d)   Require the designee to declare that he or she is not  
               prohibited from possessing all firearms under state or  
               federal law and indicate his or her consent to the  
               designation; and,

             e)   Require the designee to state the date each firearm was  
               relinquished and the name of the party to whom it was  
               relinquished. 

          5)States the following procedures shall apply to any defendant  
            who is out of custody after conviction: 

             a)   The designee shall dispose of any firearm the defendant  
               owns, possesses, or has within his or her custody or  
               control within five days of the conviction by surrendering  
               the firearm to the control of local law enforcement  
               officials, selling the firearm to a dealer or selling or  
               transferring the firearm to a third party by completing the  
               sale or transfer through a firearms dealer; 

             b)   During the five-day period following conviction, the  
               defendant shall not be prosecuted for violating provisions  
               of law, as specified, prior to relinquishment based on his  
               or her ownership custody or control, or possession of a  
               firearm within his or her home, provided the firearm was  
               owned or possessed by, or in the custody or control of, the  
               defendant prior to conviction.  This provision shall not  
               apply to a defendant who was, prior to the date of his or  
               her conviction, already prohibited from owning, purchasing,  
               receiving, possessing or having under his or her custody or  
               control all firearms under state or federal law, as  
               prohibited; 









                                                                  AB 814
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             c)   If the defendant does not own, possess or having within  
               his or her custody or control any firearms to relinquish,  
               he or she shall, within five days following the defendant's  
               conviction, submit the completed PPR form, as specified, to  
               the arresting law enforcement agency; and, 

             d)   If the defendant owns possesses or has within his or her  
               custody or control any firearms to relinquish, following  
               relinquishment, but within five days following the  
               conviction, the designee shall submit the completed PPR  
               form, as specified, to the arresting law enforcement  
               agency.  

          6)States the following procedures shall apply to any defendant  
            in custody after conviction:

             a)   The designee shall dispose of any firearm the defendant  
               owns, possesses, or has within his or her custody or  
               control within 14 days of the conviction, by surrendering  
               the firearm to the control of local law enforcement  
               officials, selling the firearm to a firearms dealer, or  
               selling or transferring the firearm to a third party by  
               completing the sale or transfer through a firearms dealer;

             b)   During the 14-day period following the conviction, a  
               defendant who remains in custody shall not be prosecuted  
               for being in possession of a firearm, as specified,  
               provided the forearm was owned by the defendant prior to  
               the date of conviction.  This provision shall not apply to  
               a defendant who was, prior to conviction, already  
               prohibited from owning, purchasing, receiving, possessing  
               or having under his or her custody or control any firearm,  
               as specified; 

             c)   If the defendant does not own, possess or have within  
               his or her custody or control any firearms to relinquish,  
               he or she shall, within 14 days following conviction,  
               submit the completed form, as specified, to the arresting  
               law enforcement agency; 

             d)   If the defendant owns, possesses or has within his her  
               custody or control, any firearms to relinquish, the  
               designee shall, following relinquishment, but within 14  
               days of conviction, submit a PPR form, as specified, to the  








                                                                  AB 814
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               arresting law enforcement agency; and, 

             e)   If the defendant is released from custody during the 14  
               days following conviction and a designee has not yet taken  
               temporary possession of every firearm to be relinquished,  
               as specified, the defendant shall, within five days  
               following his or her release, relinquished every firearm  
               required to be relinquished, as specified. 

          7)States that pursuant to provisions of law related to granting  
            immunity, no information directly or indirectly derived from  
            the defendant's statement on the PPR form, as specified, or  
            from a relinquished firearm, shall be used in any criminal  
            prosecution for illegal possession of that firearm.  This  
            protection shall not extend to any prosecution for the  
            unlawful use of a firearm. 

          8)States failure by a defendant or a designee, except a designee  
            that is a consenting law enforcement agency, to file a timely  
            completed PPR form, as specified, with the arresting law  
            enforcement agency shall constitute an infraction punishable  
            by a fine not to exceed $500.

          9)States a law enforcement agency shall not be required to  
            retain a firearm that was relinquished to the law enforcement  
            agency, as required by this bill, for more than 30 days after  
            the date on which the firearm was relinquished.  After the  
            30-day period has expired, the firearm is subject to  
            destruction, retention, or transfer by the agency, as  
            specified.
           
          FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee:

          1)Minor absorbable annual costs to DOJ, less than $100,000. 

          2)Unknown, potentially state-reimbursable annual costs, likely  
            in the same range as the DOJ costs, to local law enforcement  
            agencies to review and process forms as specified.

           COMMENTS  :   According to the author, "AB 814 will facilitate  
          enforcement of existing state laws prohibiting illegal firearm  
          possession by establishing a clear process and timeline for  
          firearm relinquishment by prohibited persons.  Under the bill,  








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          upon conviction of a crime disqualifying a defendant from  
          firearm possession, a defendant must be instructed by the judge  
          that he or she is prohibited from owning or possessing any  
          firearms.  The judge must also provide the defendant with a  
          notice and form describing the manner in which firearms may be  
          relinquished and the penalties attached to failure to comply.  

           "Upon conviction, a prohibited person must transfer his or her  
          firearms to a designee who must sell the firearms to a dealer,  
          sell or transfer them to a third party through a dealer, or  
          relinquish them to local law enforcement.  If the prohibited  
          person is not in law enforcement custody following conviction,  
          the relinquishment process must be completed within five days.   
          If the prohibited person remains in custody, the process must be  
          completed within 14 days."  
           
          Please see the policy committee for a full discussion of this  
          bill.
           


          Analysis Prepared by  :    Kimberly Horiuchi / PUB. S. / (916)  
          319-3744 
                                                                FN: 0001284