Bill Text: CA SB124 | 2011-2012 | Regular Session | Amended

California Senate Bill 124 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Claims against the state: appropriation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-17 - Chaptered by Secretary of State. Chapter 351, Statutes of 2012. [SB124 Detail]

Download: California-2011-SB124-Amended.html
BILL NUMBER: SB 124	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 6, 2012
	AMENDED IN SENATE  APRIL 25, 2011

INTRODUCED BY   Senator  De Le�n   Kehoe 

                        JANUARY 26, 2011

   An act  to amend Sections 189, 12022.2, 16650, 16660,
30315, 30320, and 30325 of the Penal Code, relating to ammunition
  relating to the payment of claims against the state,
and making an appropriation therefor  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 124, as amended,  De Le�n   Kehoe  .
 Ammunition.   Claims against the state:
appropriation.  
   Existing law authorizes a procedure for the payment of claims
against the state.  
   This bill would appropriate $1,422,000 to specified entities to
pay for specified settlements of claims against the state. 

   Existing law, as amended by Proposition 115, adopted by the voters
at the November 7, 1990, statewide general election provides that
all murder which is perpetrated, among other means, by knowing use of
ammunition designed primarily to penetrate metal or armor, is murder
in the first degree. Proposition 115 may be amended by a bill passed
by majority vote of the Legislature if that bill becomes operative
upon approval of the voters.  
   This bill would delete the word "primarily" and recast that
provision to provide that all murder which is perpetuated by knowing
use of ammunition designed to penetrate metal or armor is murder in
the first degree. The bill would also provide that this provision is
operative upon approval by the voters and directs the Secretary of
State to place this provision on the ballot of the next statewide
election.  
   Existing law provides that any person who, while armed with a
firearm in the commission or attempted commission of any felony, has
in his or her immediate possession ammunition for the firearm
designed primarily to penetrate metal or armor, shall, upon
conviction of that felony or attempted felony, in addition and
consecutive to the punishment prescribed for the felony or attempted
felony, be punished by an additional term of 3, 4, or 10 years.
 
   This bill would delete the word "primarily" and recast the above
crime to be based on the immediate possession of ammunition for the
firearm designed to penetrate metal or armor. The bill would further
omit reference to ammunition primary designed for use in a rifle and
instead define "handgun ammunition designed to penetrate metal or
armor" to mean ammunition, except a shotgun shell, capable of
penetrating a body vest or body shield when discharged from a
handgun.  
   Existing law defines "handgun ammunition" to mean ammunition
principally for use in pistols, revolvers, and other firearms capable
of being concealed upon the person, notwithstanding that the
ammunition may also be used in some rifles. Other provisions of
existing law regulate the sale, transfer, delivery, and possession of
handgun ammunition, and violations of certain of those provisions
are crimes.  
   This bill would delete the phrase "principally" from that
definition, and recast the definition of handgun ammunition to mean
ammunition capable of being used in pistols, revolvers, and other
firearms capable of being concealed upon the person, notwithstanding
that the ammunition may also be used in some rifles. 

   Existing law provides that "handgun ammunition designed primarily
to penetrate metal or armor" means any ammunition, except a shotgun
shell or ammunition primarily designed for use in a rifle, that is
designed primarily to penetrate a body vest or body shield, and has
either of 2 characteristics, one of which is that it is primarily
manufactured or designed, by virtue of its shape, cross-sectional
density, or any coating applied thereto, including, but not limited
to, ammunition commonly known as "KTW ammunition," to breach or
penetrate a body vest or body shield when fired from a pistol,
revolver, or other firearm capable of being concealed upon the
person.  
   This bill would delete the word "primarily" and recast the above
phrase to read "handgun ammunition designed to penetrate metal or
armor" to mean any ammunition, except a shotgun shell, that is
designed to penetrate a body vest or body shield when discharged from
a handgun and which has either of the 2 characteristics described
above.  
   Existing law provides that any person, firm, or corporation who,
within this state, knowingly possesses any handgun ammunition
designed primarily to penetrate metal or armor is guilty of a public
offense, with specified penalties.  
   This bill would delete the word "primarily" from those provisions
and recast those provisions to be based on knowingly possessing
handgun ammunition designed to penetrate metal or armor. 

   Existing law provides that any person, firm, or corporation who,
within this state, manufactures, imports, sells, offers to sell, or
knowingly transports any handgun ammunition designed primarily to
penetrate metal or armor is guilty of a felony and upon conviction
thereof shall be punished by imprisonment in state prison, or by a
fine not to exceed $5,000, or by both that fine and imprisonment.
 
   This bill would delete the word "primarily" from those provisions
and recast those provisions to be based on handgun ammunition
designed to penetrate metal or armor.  
   Existing law authorizes the possession of handgun ammunition
designed primarily to penetrate metal or armor by a person who found
the ammunition, if that person is not otherwise prohibited from
possessing firearms or ammunition, and the person is transporting the
ammunition to law enforcement for disposition.  
   This bill would delete the word "primarily" from those provisions
and recast those provisions to read handgun ammunition designed to
penetrate metal or armor.  
   By expanding the definition of "handgun ammunition" and the
definition of "handgun ammunition designed to penetrate metal or
armor," this bill would expand the scope of certain crimes relating
to the sale, transfer, delivery, and possession of handgun
ammunition, and thereby 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   2/3  . Appropriation:
 no   yes  . Fiscal committee: yes.
State-mandated local program:  yes   no  .


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

   SECTION 1.    The sum of nine hundred ninety thousand
dollars ($990,000) is hereby appropriated from the General Fund to
the Department of Justice to pay the settlement in Harris v.
California National Guard, Los Angeles County Superior Court No. BC
399229. Any funds appropriated in excess of the amount required for
the payment of this claim shall revert to the General Fund. 
   SEC. 2.    The sum of four hundred thirty-two
thousand dollars ($432,000) is hereby appropriated from the General
Fund to the Department of Education to pay the settlement in Parent
Voices et al. v. Jack O'Connell, Alameda County Superior Court No.
RG10544021. Any funds appropriated in excess of the amount required
for the payment of this claim shall revert to the General Fund. 

  SECTION 1.    Section 189 of the Penal Code, as
amended by Section 51 of Chapter 178 of the Statutes of 2010, is
amended to read:
   189.  (a) All murder which is perpetrated by means of a
destructive device or explosive, a weapon of mass destruction,
knowing use of ammunition designed to penetrate metal or armor,
poison, lying in wait, torture, or by any other kind of willful,
deliberate, and premeditated killing, or which is committed in the
perpetration of, or attempt to perpetrate, arson, rape, carjacking,
robbery, burglary, mayhem, kidnapping, train wrecking, or any act
punishable under Section 206, 286, 288, 288a, or 289, or any murder
which is perpetrated by means of discharging a firearm from a motor
vehicle, intentionally at another person outside of the vehicle with
the intent to inflict death, is murder of the first degree. All other
kinds of murders are of the second degree.
   (b) As used in this section, "destructive device" means any
destructive device as defined in Section 16460, and "explosive" means
any explosive as defined in Section 12000 of the Health and Safety
Code.
   (c) As used in this section, "weapon of mass destruction" means
any item defined in Section 11417.
   (d) To prove the killing was "deliberate and premeditated," it
shall not be necessary to prove the defendant maturely and
meaningfully reflected upon the gravity of his or her act. 

  SEC. 2.    Section 12022.2 of the Penal Code, as
amended by Section 14 of Chapter 256 of the Statutes of 2010, is
amended to read:
   12022.2.  (a) Any person who, while armed with a firearm in the
commission or attempted commission of any felony, has in his or her
immediate possession ammunition for the firearm designed to penetrate
metal or armor, shall upon conviction of that felony or attempted
felony, in addition and consecutive to the punishment prescribed for
the felony or attempted felony, be punished by an additional term of
3, 4, or 10 years. The court shall order the middle term unless there
are circumstances in aggravation or mitigation. The court shall
state the reasons for its enhancement choice on the record at the
time of the sentence.
   (b) Any person who wears a body vest in the commission or
attempted commission of a violent offense, as defined in subdivision
(b) of Section 12021.1, shall, upon conviction of that felony or
attempted felony, in addition and consecutive to the punishment
prescribed for the felony or attempted felony of which he or she has
been convicted, be punished by an additional term of one, two, or
five years. The court shall order the middle term unless there are
circumstances in aggravation or mitigation. The court shall state the
reasons for its enhancement choice on the record at the time of the
sentence.
   (c) As used in this section, "body vest" means any
bullet-resistant material intended to provide ballistic and trauma
protection for the wearer.
   (d) This section shall become operative on January 1, 2012.
 
  SEC. 3.    Section 16650 of the Penal Code is
amended to read:
   16650.  (a) As used in this part, "handgun ammunition" means
ammunition capable of being used in pistols, revolvers, and other
firearms capable of being concealed upon the person, notwithstanding
that the ammunition may also be used in some rifles.
   (b) As used in Section 30312 and in Article 3 (commencing with
Section 30345) of Chapter 1 of Division 10 of Title 4, "handgun
ammunition" does not include either of the following:
   (1) Ammunition designed and intended to be used in an antique
firearm.
   (2) Blanks.  
  SEC. 4.    Section 16660 of the Penal Code is
amended to read:
   16660.  As used in this part, "handgun ammunition designed to
penetrate metal or armor" means any ammunition, except a shotgun
shell, that is designed to penetrate a body vest or body shield when
discharged from a handgun, and has either of the following
characteristics:
   (a) Has projectile or projectile core constructed entirely,
excluding the presence of traces of other substances, from one or a
combination of tungsten alloys, steel, iron, brass, beryllium copper,
or depleted uranium, or any equivalent material of similar density
or hardness.
   (b) Is manufactured or designed, by virtue of its shape,
cross-sectional density, or any coating applied thereto, including,
but not limited to, ammunition commonly known as "KTW ammunition," to
breach or penetrate a body vest or body shield when fired from a
pistol, revolver, or other firearm capable of being concealed upon
the person.  
  SEC. 5.    Section 30315 of the Penal Code is
amended to read:
   30315.  Any person, firm, or corporation who, within this state
knowingly possesses any handgun ammunition designed to penetrate
metal or armor is guilty of a public offense and upon conviction
thereof shall be punished by imprisonment in the state prison, or in
the county jail for a term not to exceed one year, or by a fine not
to exceed five thousand dollars ($5,000), or by both that fine and
imprisonment.  
  SEC. 6.    Section 30320 of the Penal Code is
amended to read:
   30320.  Any person, firm, or corporation who, within this state,
manufactures, imports, sells, offers to sell, or knowingly transports
any handgun ammunition designed to penetrate metal or armor is
guilty of a felony and upon conviction thereof shall be punished by
imprisonment in state prison, or by a fine not to exceed five
thousand dollars ($5,000), or by both that fine and imprisonment.
 
  SEC. 7.    Section 30325 of the Penal Code is
amended to read:
   30325.  Nothing in this article shall apply to or affect the
possession of handgun ammunition designed to penetrate metal or armor
by a person who found the ammunition, if that person is not
prohibited from possessing firearms or ammunition pursuant to
subdivision (a) of Section 30305, Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, and the person is transporting the ammunition to a law
enforcement agency for disposition according to law. 

  SEC. 8.    Section 1 of this act shall only become
operative if submitted to and adopted by the electors. The Secretary
of State shall place Section 1 of this act on the ballot of the next
statewide election.  
  SEC. 9.    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.