BILL NUMBER: SB 199 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 6, 2014
INTRODUCED BY Senator De León
Senators De León, Evans, and
Wolk
( Principal coauthors:
Assembly Members Chesbro, Levine,
and Yamada )
FEBRUARY 7, 2013
An act to amend Sections 1230 and 1230.1
16250 and 16700 of the Penal Code, relating to
community corrections BB devices .
LEGISLATIVE COUNSEL'S DIGEST
SB 199, as amended, De León. Probation: community
corrections. BB devices.
Existing law prohibits a person from furnishing a BB device,
defined to include a spot marker gun, to a minor without the
permission of the minor's parent or guardian, and prohibits selling a
BB device to a minor. Violation of either of these prohibitions is a
crime. Existing law defines a BB device as any instrument that
expels a projectile, such as a BB or pellet, that does not exceed 6
millimeters in caliber.
This bill would delete the 6 millimeter restriction from the
definition of a BB device. By including a device that expels a BB or
pellet that exceeds 6 millimeters in caliber within the definition of
a BB device, this bill would expand the scope of existing crimes,
and impose a state-mandated local program.
Existing law generally prohibits anyone from purchasing, selling,
manufacturing, shipping, transporting, distributing, or receiving an
imitation firearm. A person is liable for a civil fine of not more
than $10,000 for a violation of this prohibition. Existing law
excludes BB devices from the definition of imitation firearm for
these purposes.
This bill would include BB devices within the definition of
imitation firearm for purposes of that prohibition, but would exclude
spot marker guns that expel a projectile larger that 10 millimeters
in caliber.
Existing law, for purposes of regulating imitation firearms,
adopts coloration and construction schemes prescribed by federal law.
Existing law includes a cross-reference to those federal provisions.
This bill would delete the federal provision cross-reference.
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.
Existing law authorizes each county to establish a Community
Corrections Performance Incentives Fund to receive state moneys to
implement a community corrections program consisting of a system of
felony probation supervision services to, among other things, manage
and reduce offender risk while under felony probation supervision and
upon reentry from jail into the community. Existing law requires a
community corrections program to be implemented by probation and
advised by a local Community Corrections Partnership, consisting of
specified members, including, but not limited to, the sheriff and a
chief of police. Existing law requires a Community Corrections
Partnership to recommend a local plan to the county board of
supervisors for the implementation of public safety realignment.
This bill would add a rank-and-file deputy sheriff or a
rank-and-file police officer, and a rank-and-file probation officer
or a deputy probation officer, each to be appointed by a local labor
organization, to the membership of a Community Corrections
Partnership. The bill would require the vote of the rank-and-file
deputy sheriff or rank-and-file police officer, and the rank-and-file
probation officer or a deputy probation officer, on the local plan.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 16250 of the Penal
Code is amended to read:
16250. As used in this part, "BB device" means any instrument
that expels a projectile, such as a BB or a pellet, not
exceeding 6mm caliber, through the force of air pressure,
gas pressure, or spring action, or any spot marker gun.
SEC. 2. Section 16700 of the Penal Code
is amended to read:
16700. (a) As used in this part, "imitation firearm" means any BB
device, toy gun, replica of a firearm, or other device that is so
substantially similar in coloration and overall appearance to an
existing firearm as to lead a reasonable person to perceive that the
device is a firearm.
(b) As used in Section 20165, "imitation firearm" does not include
any of the following:
(1) A nonfiring collector's replica that is historically
significant, and is offered for sale in conjunction with a wall
plaque or presentation case.
(2) A BB device spot marker gun which
expels a projectile that is greater than 10mm caliber .
(3) A device where the entire exterior surface of the device is
white, bright red, bright orange, bright yellow, bright green, bright
blue, bright pink, or bright purple, either singly or as the
predominant color in combination with other colors in any pattern,
as provided by federal regulations governing imitation
firearms, or where the entire device is constructed of
transparent or translucent materials which permits unmistakable
observation of the device's complete contents, as provided
by federal regulations governing imitation firearms
contents .
SEC. 3. 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.
SECTION 1. Section 1230 of the Penal Code is
amended to read:
1230. (a) Each county is hereby authorized to establish in each
county treasury a Community Corrections Performance Incentives Fund
(CCPIF), to receive all amounts allocated to that county for purposes
of implementing this chapter.
(b) In any fiscal year for which a county receives moneys to be
expended for the implementation of this chapter, the moneys,
including interest, shall be made available to the CPO of that
county, within 30 days of the deposit of those moneys into the fund,
for the implementation of the community corrections program
authorized by this chapter.
(1) The community corrections program shall be developed and
implemented by probation and advised by a local Community Corrections
Partnership.
(2) The local Community Corrections Partnership shall be chaired
by the CPO and comprised of the following membership:
(A) The presiding judge of the superior court, or his or her
designee.
(B) A county supervisor or the chief administrative officer for
the county or a designee of the board of supervisors.
(C) The district attorney.
(D) The public defender.
(E) The sheriff.
(F) A rank-and-file deputy sheriff or a rank-and-file police
officer, appointed by the local labor organization.
(G) A chief of police.
(H) A rank-and-file probation officer or a deputy probation
officer, appointed by the local labor organization.
(I) The head of the county department of social services.
(J) The head of the county department of mental health.
(K) The head of the county department of employment.
(L) The head of the county alcohol and substance abuse programs.
(M) The head of the county office of education.
(N) A representative from a community-based organization with
experience in successfully providing rehabilitative services to
persons who have been convicted of a criminal offense.
(O) An individual who represents the interests of victims.
(3) Funds allocated to probation pursuant to this act shall be
used to provide supervision and rehabilitative services for adult
felony offenders subject to probation, and shall be spent on
evidence-based community corrections practices and programs, as
defined in subdivision (d) of Section 1229, which may include, but
are not limited to, the following:
(A) Implementing and expanding evidence-based risk and needs
assessments.
(B) Implementing and expanding intermediate sanctions that
include, but are not limited to, electronic monitoring, mandatory
community service, home detention, day reporting, restorative justice
programs, work furlough programs, and incarceration in county jail
for up to 90 days.
(C) Providing more intensive probation supervision.
(D) Expanding the availability of evidence-based rehabilitation
programs, including, but not limited to, drug and alcohol treatment,
mental health treatment, anger management, cognitive behavior
programs, and job training and employment services.
(E) Evaluating the effectiveness of rehabilitation and supervision
programs and ensuring program fidelity.
(4) The CPO shall have discretion to spend funds on any of the
above practices and programs consistent with this act but, at a
minimum, shall devote at least 5 percent of all funding received to
evaluate the effectiveness of those programs and practices
implemented with the funds provided pursuant to this chapter. A CPO
may petition the Administrative Office of the Courts to have this
restriction waived, and the Administrative Office of the Courts shall
have the authority to grant that petition, if the CPO can
demonstrate that the department is already devoting sufficient funds
to the evaluation of these programs and practices.
(5) Each probation department receiving funds under this chapter
shall maintain a complete and accurate accounting of all funds
received pursuant to this chapter.
SEC. 2. Section 1230.1 of the Penal Code is
amended to read:
1230.1. (a) Each county local Community Corrections Partnership
established pursuant to subdivision (b) of Section 1230 shall
recommend a local plan to the county board of supervisors for the
implementation of the 2011 public safety realignment.
(b) The plan shall be voted on by an executive committee of each
county's Community Corrections Partnership consisting of the chief
probation officer of the county as chair, a chief of police, the
sheriff, a rank-and-file deputy sheriff or a rank-and-file police
officer, the district attorney, the public defender, the presiding
judge of the superior court, or his or her designee, a rank-and-file
probation officer or a deputy probation officer, and one department
representative listed in either subparagraph (I), (J), or (L) of
paragraph (2) of subdivision (b) of Section 1230, as designated by
the county board of supervisors for purposes related to the
development and presentation of the plan.
(c) The plan shall be deemed accepted by the county board of
supervisors unless the board rejects the plan by a vote of
four-fifths of the board, in which case the plan goes back to the
Community Corrections Partnership for further consideration.
(d) Consistent with local needs and resources, the plan may
include recommendations to maximize the effective investment of
criminal justice resources in evidence-based correctional sanctions
and programs, including, but not limited to, day reporting centers,
drug courts, residential multiservice centers, mental health
treatment programs, electronic and GPS monitoring programs, victim
restitution programs, counseling programs, community service
programs, educational programs, and work training programs.