Bill Text: CA AB225 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 225 (Prior Session Legislation)

Introduced

Bill Title: Gun violence restraining orders: offenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB225 Detail]

Download: California-2015-AB225-Introduced.html

BILL NUMBER: AB 225	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Melendez

                        FEBRUARY 3, 2015

   An act to amend Section 18200 of the Penal Code, relating to gun
violence restraining orders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 225, as introduced, Melendez. Gun violence restraining orders:
offenses.
   Existing law makes it a misdemeanor to file a petition for an ex
parte gun violence restraining order or a gun violence restraining
order issued after notice and a hearing knowing the information in
the petition to be false or with the intent to harass.
   This bill would instead provide that it is perjury, a felony
punishable by imprisonment in the county jail for 2, 3, or 4 years,
to file a petition for one of those gun violence restraining orders
knowing the information in the petition to be false. By increasing
the penalty for existing crimes, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 18200 of the Penal Code is amended to read:
   18200.   (a)    Every person who files a
petition for an ex parte gun violence restraining order pursuant to
Chapter 3 (commencing with Section 18150) or a gun violence
restraining order issued after notice and a hearing pursuant to
Chapter 4 (commencing with Section 18170),  knowing the
information in the petition to be false or  with the intent
to harass, is guilty of a misdemeanor. 
   (b) Every person who files a petition for an ex parte gun violence
restraining order pursuant to Chapter 3 (commencing with Section
18150) or a gun violence restraining order issued after notice and a
hearing pursuant to Chapter 4 (commencing with Section 18170),
knowing the information in the petition to be false, is guilty of
perjury and punishable pursuant to Section 126. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.