Bill Text: CA SB714 | 2015-2016 | Regular Session | Introduced

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Bill Title: Firearms.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB714 Detail]

Download: California-2015-SB714-Introduced.html

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BILL NUMBER: SB 714	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Nielsen

                        FEBRUARY 27, 2015

   An act to add Section 12022.52 to the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 714, as introduced, Nielsen. Firearms.
   Under existing law it is a felony for any person who has been
convicted of a felony to own or possess a firearm. Existing law,
subject to exceptions, makes it an offense to carry a concealed
firearm, or a loaded firearm in a public place, as specified,
punishable as a misdemeanor, or based on prior criminal history and
other circumstances, as a felony. Existing law makes it a felony or a
misdemeanor to carry a loaded firearm with the intent to commit a
felony. Existing law makes it a misdemeanor to openly carry an
unloaded handgun in a public place, as specified.
   This bill would impose an additional and consecutive term of 10
years in state prison upon a person who was prohibited from
possessing a firearm because of a previous felony conviction, and who
is convicted of carrying a concealed weapon, carry a loaded firearm
in a public place, carrying a loaded firearm with the intent to
commit a felony, or openly carrying an unloaded firearm in a public
place, if the offender has specified prior convictions or if at the
time of the violation the offender was on supervised release, free on
bail, awaiting sentencing, or subject to a felony arrest warrant,
was in felonious possession of a controlled substance, or assaulted
or battered a peace officer by means other than a firearm. The bill
would limit the prison credits that may be awarded to a person
sentenced pursuant to these provisions to not exceed 15% of the total
term of imprisonment imposed and would require the entire term of
imprisonment to be served in the state prison.
   By increasing the punishment for a 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 12022.52 is added to the Penal Code, to read:
   12022.52.  (a) Notwithstanding any other law, a person prohibited
from possessing a firearm because of a previous felony conviction,
upon conviction for a violation of Section 25400, 25800, 25850, or
26350, shall be punished by an additional and consecutive term of 10
years in the state prison if any of the following circumstances are
pled and proven:
   (1) The offender was previously convicted of any one of the
following:
   (A) Felonious possession of a firearm.
   (B) Felonious manufacture, sale, possession for sale, or transport
of a controlled substance.
   (C) Felonious assault or battery of a peace officer.
   (D) A violent felony.
   (E) A felony gang offense that constitutes a violation of Section
186.22.
   (2) If, at the time of the offense that resulted in conviction for
violation of Section 25400, 25800, 25850, or 26350, any of the
following is applicable:
   (A) The offender was on parole, probation, mandatory supervision
pursuant to paragraph (5) of subdivision (h) of Section 1170, or
postrelease community supervision, free on bail, awaiting sentencing,
or subject to a felony arrest warrant of which the defendent was
aware.
   (B) The offender was in felonious possession of a controlled
substance.
   (C) The offender feloniously assaulted or battered a peace officer
by means other than a firearm.
   (b) A person sentenced to a term of imprisonment pursuant to this
section shall not be awarded credits that exceed those as specified
in subdivision (i) of Section 12022.53.
   (c) If the imposition of an enhanced penalty authorized by this
section would constitute an impermissible dual use of facts, the
provisions shall be applied so as to maximize the sentence.
   (d) A person sentenced pursuant to this section shall serve the
entire term of his or her imprisonment for the underlying offense as
well as the additional term imposed pursuant to this section in the
state prison.
  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.