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SB-714 Firearms.(2015-2016)

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SB714:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill
No. 714


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   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.