CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3064

Introduced by Assembly Member Baker
(Coauthors: Assembly Members Burke, Cunningham, and Lackey)
(Coauthor: Senator Glazer)

February 16, 2018

An act to amend Section 29800 of the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 3064, as introduced, Baker. Firearms: felons in possession.
Existing law makes a person convicted of, or who has an outstanding warrant for, a felony under the laws of the United States, the State of California, or any other state, government, or country, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony. Existing law prescribes the punishment for that felony as imprisonment for a term of 16 months, or 2 or 3 years in the state prison.
This bill would provide that the punishment for a second or subsequent conviction of that felony would be imprisonment for a term of 4, 5, or 6 years in the state prison. By creating a new crime, this bill would impose a state-mandated local program. The bill would also make additional technical, nonsubstantive changes.
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 29800 of the Penal Code is amended to read:

29800.
 (a) (1) Any A person who has been convicted of, or has an outstanding warrant for, a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, country and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony. A second or subsequent conviction for the offense specified in this paragraph is a felony punishable by imprisonment for four, five, or six years.
(2) A person who has been convicted of a misdemeanor violation of paragraph (2) of subdivision (a) of Section 245, a misdemeanor violation of Section 246, or a misdemeanor violation of subdivision (c) of Section 417 and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
(3) A person who is addicted to the use of any narcotic drug and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.

(2)Any

(4) A person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
(b) Notwithstanding subdivision (a), any a person who has been convicted of a felony or of an offense enumerated in Section 23515, when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, and who owns or has in possession or under custody or control any firearm is guilty of a felony.
(c) Subdivision (a) shall not apply to a person who has been convicted of a felony under the laws of the United States unless either of the following criteria is satisfied:
(1) Conviction of a like offense under California law can only result in imposition of felony punishment.
(2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both punishments.

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.