Amended  IN  Senate  March 27, 2017
Amended  IN  Senate  March 16, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 299

Introduced by Senator Mendoza

February 13, 2017

An act to amend Sections 16960, 16990, 17060, 26600, 27050, 27600, 27875, 27920, 31700, and 31705 of, and to add Section 27882 to, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


SB 299, as amended, Mendoza. Firearms.

Existing law regulates the transfer of firearms, and provides that some transfers occur by operation of law, and that a person taking title or possession of a firearm by operation of law includes, among other circumstances, the executor or administrator of an estate if the estate includes a firearm. Existing law generally requires the transfer of a firearm to be conducted by a firearms dealer if neither party to the transfer is a dealer. Existing law excepts executors and administrators of estates from that requirement if certain criteria are met. Existing law prohibits a resident of this state from importing, bringing, or transporting into this state, a firearm purchased or otherwise obtained from outside of this state unless the firearm is first delivered to a dealer in this state for delivery to the resident. Existing law excepts executors and administrators of estates from that prohibition if certain criteria are met.

This bill would extend the transfer by operation of law provisions and the exceptions described above to a decedent’s personal representative, to a trustee of a trust created by a will, if the estate or trust includes a firearm, and to a successor of a decedent of a small estate that passed without administration.

Existing law generally requires a person to possess a firearm safety certificate in order to possess a firearm. Existing law excepts executors and administrators of estates from that requirement.

This bill would require executors and administrators to possess a firearm safety certificate in order to possess a firearm, and would also extend this requirement to the personal representative of an estate, the trustee of a trust, if the estate or trust includes a firearm, and to the successor of a decedent of a small estate that passed without administration. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.

Existing law makes the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another exempt from the requirement firearm transaction be conducted through a firearms dealer if certain criteria are met, including that the transfer is between members of the same immediate family. Existing law makes the importation of a firearm into the state exempt from the requirement that the firearm first be delivered to a firearms dealer in this state if certain criteria are met, including that the person acquired ownership of the firearm from an immediate family member by bequest or intestate succession. Existing law defines immediate family member for these purposes as meaning the parent and child relationship and the grandparent and grandchild relationship.
This bill would define the qualifying relationships for purposes of the above exemptions to apply to transfers to a parent, child, sibling, grandparent, or grandchild related by consanguinity, adoption, or steprelation.
Existing law generally requires the loan of a firearm to be conducted through a licensed dealer.
This bill would exempt from the requirement, the loan and storage of a firearm if certain conditions are met, including, among others, that the firearm being loaned stays and is stored in the receiver’s place of residence or in an enclosed structure on the receiver’s private property, that is not zoned for commercial, retail, or industrial activity, the loan does not exceed 60 days, is not made for consideration, and specified safe storage requirements are met. The bill would also require the Department of Justice to prescribe and make available, as specified, a form that explains the obligations imposed by these provisions. The bill would require that the form be signed by both the party loaning the firearm for storage and the person receiving the firearm.
Existing law exempts the sale, delivery, or transfer of a firearm to an authorized law enforcement representative from the requirement of transferring a firearm through a licensed dealer, the requirement that a person selling, leasing, or transferring firearms be licensed, and from certain crimes relating to the sale, lease, or transfer of firearms.
This bill would specify these exceptions extend to the loan of a firearm to an authorized law enforcement representative.

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: YESNO  

The people of the State of California do enact as follows:


SECTION 1.Section 16960 of the Penal Code is amended to read:
16960.

As used in Article 1 (commencing with Section 26500) of Chapter 1 of Division 6 of Title 4, “operation of law” includes, but is not limited to, any of the following:

(a)The executor, personal representative, or administrator of an estate, if the estate includes a firearm.

(b)A secured creditor or an agent or employee of a secured creditor when a firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.

(c)A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.

(d)A receiver performing the functions of a receiver, if the receivership estate includes a firearm.

(e)A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm.

(f)An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm.

(g)A transmutation of property between spouses pursuant to Section 850 of the Family Code.

(h)A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code.

(i)The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code.

(j)The trustee of a trust that includes a firearm and that was part of a will that created the trust.

SEC. 2.Section 16990 of the Penal Code is amended to read:
16990.

As used in any provision listed in subdivision (a) of Section 16585, the phrase “a person taking title or possession of a firearm by operation of law” includes, but is not limited to, any of the following instances in which an individual receives title to, or possession of, a firearm:

(a)The executor, personal representative, or administrator of an estate, if the estate includes a firearm.

(b)A secured creditor or an agent or employee of a secured creditor when the firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.

(c)A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.

(d)A receiver performing the functions of a receiver, if the receivership estate includes a firearm.

(e)A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm.

(f)An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm.

(g)A transmutation of property consisting of a firearm pursuant to Section 850 of the Family Code.

(h)A firearm passing to a surviving spouse pursuant to Chapter 1 (commencing with Section 13500) of Part 2 of Division 8 of the Probate Code.

(i)A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code.

(j)The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code.

(k)The trustee of a trust that includes a firearm and that was part of a will that created the trust.

(l)A firearm passed to a decedent’s successor pursuant to Part 1 (commencing with Section 13000) of Division 8 of the Probate Code.

SEC. 3.SECTION 1.

 Section 17060 of the Penal Code is amended to read:

17060.
 (a) As used in Section 25135, “residence” means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, time-shares, and recreational or other vehicles where human habitation occurs.
(b) As used in Section 27882, “residence” means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, and time-shares, but does not include recreational or other vehicles where human habitation occurs.

SEC. 4.SEC. 2.

 Section 26600 of the Penal Code is amended to read:

26600.
 (a) Section 26500 does not apply to any sale, delivery, loan, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, recipient, or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a firearm is acquired or received by the agency pursuant to this section, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 5.SEC. 3.

 Section 27050 of the Penal Code is amended to read:

27050.
 (a) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) do not apply to any sale, delivery, loan, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, recipient, or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a firearm is acquired or received by the agency pursuant to this section, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 6.SEC. 4.

 Section 27600 of the Penal Code is amended to read:

27600.
 (a) Article 1 (commencing with Section 27500) does not apply to any sale, delivery, loan, or transfer of firearms made to, or the importation of firearms by, an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, transfer, or importation of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made or from whom the firearm is being imported.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, recipient, or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a firearm is acquired or received by the agency pursuant to this section, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.
(d) Any agency that is the registered owner of an institutional weapon in accordance with subdivision (c) that subsequently destroys that weapon shall enter information that the weapon has been destroyed into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) within 10 days of the destruction in accordance with procedures prescribed by the Department of Justice. Any agency without access to the AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 7.SEC. 5.

 Section 27875 of the Penal Code is amended to read:

27875.
 (a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(1) The transfer is infrequent, as defined in Section 16730.
(2) The transfer is between any of the following relations, related by consanguinity, adoption, or steprelation:
(A) Parent.
(B) Child.
(C) Sibling.
(D) Grandparent.
(E) Grandchild.
(3) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
(4) The person taking title to the firearm has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5) The person receiving the firearm is 18 years of age or older.
(b) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The person acquires ownership of the firearm by bequest or intestate succession from any of the following relations, related by consanguinity, adoption, or steprelation:
(A) Parent.
(B) Child.
(C) Sibling.
(D) Grandparent.
(E) Grandchild.
(2) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(3) The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as defined in Section 16730.
(4) The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older.
(5) Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.

SEC. 8.SEC. 6.

 Section 27882 is added to the Penal Code, to read:

27882.
 Section 27545 does not apply to the loan of a firearm if all of the following conditions are met:
(a) If the firearm being loaned is a handgun, the handgun is registered to the person making the loan pursuant to Section 11106.
(b) The firearm being loaned is stored in the receiver’s place of residence or in an enclosed structure on the receiver’s private property, that is not zoned for commercial, retail, or industrial activity.
(c) The firearm at all times stays within the receiver’s place of residence or in an enclosed structure on the receiver’s private property, that is not zoned for commercial, retail, or industrial activity.
(d) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(e) The individual receiving the firearm is 18 years of age or older.
(f) The individual receiving the firearm has a valid firearm safety certificate, except that if the firearm being loaned is a handgun, the individual may instead have an unexpired handgun safety certificate.
(g) One of the following applies:
(1) The firearm is maintained within a locked container.
(2) The firearm is disabled by a firearm safety device.
(3) The firearm is maintained within a locked gun safe.
(4) The firearm is locked with a locking device, as defined in Section 16860, that renders the firearm inoperable.
(h) The loan does not exceed 60 days in duration.
(i) The loan is made without consideration.
(j) There is a form prescribed by the Department of Justice and available in editable form on the department’s Internet Web site that explains the obligations imposed by this section that is signed by both the party loaning the firearm for storage and the person receiving the firearm.
(k) Both parties to the loan possess signed copies of the form required by subdivision (j).

SEC. 9.Section 27920 of the Penal Code is amended to read:
27920.

(a)Section 27545 does not apply to a person who takes title or possession of a firearm by operation of law if the person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm and all of the following conditions are met:

(1)If the person taking title or possession is neither a levying officer as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure, nor a person who is receiving that firearm pursuant to subdivision (a), (g), (h), (i), (j), (k), or (l) of Section 16990, the person shall, within 30 days of taking possession, submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question.

(2)If the person taking title or possession is receiving the firearm pursuant to subdivision (a), (g), (h), (k), or (l) of Section 16990, the person shall do both of the following:

(A)Within 30 days of taking possession, submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question.

(B)Prior to taking title or possession of the firearm, the person shall obtain a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented.

(3)Where the person receiving title or possession of the firearm is a person described in subdivision (i) of Section 16990, on the date that the person is delivered the firearm, the name and other information concerning the person taking possession of the firearm, how title or possession of the firearm was obtained and from whom, and a description of the firearm by make, model, serial number, and other identifying characteristics shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that transferred or delivered the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. An agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

(4)Where the person receiving title or possession of the firearm is a person described in subdivision (j) of Section 16990, on the date that the person is delivered the firearm, the name and other information concerning the person taking possession of the firearm, how title or possession of the firearm was obtained and from whom, and a description of the firearm by make, model, serial number, and other identifying characteristics shall be entered into the AFS via the CLETS by the law enforcement or state agency that transferred or delivered the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. An agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. In addition, that law enforcement agency shall not deliver the firearm to the person referred to in this subdivision unless, prior to the delivery of the firearm, the person presents proof to the agency that the person is the holder of, a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented.

(b)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:

(1)The person acquires ownership of the firearm as an executor, personal representative, or administrator of an estate, or as the trustee of a trust that includes a firearm and that was part of a will that created the trust.

(2)If acquisition of the firearm had occurred within this state, the receipt of the firearm by the executor, personal representative, trustee, or administrator would be exempt from the provisions of Section 27545 pursuant to paragraph (2) of subdivision (a).

(3)Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question.

(4)Prior to taking title or possession of the firearm, the person shall obtain a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.

(5)The executor, personal representative, trustee, or administrator is 18 years of age or older.

(c)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:

(1)The person acquires ownership of the firearm by bequest or intestate succession as a surviving spouse or as the surviving registered domestic partner of the decedent who owned that firearm.

(2)If acquisition of the firearm had occurred within this state, the receipt of the firearm by the surviving spouse or registered domestic partner would be exempt from the provisions of Section 27545 pursuant to paragraph (2) of subdivision (a) by virtue of subdivision (h) of Section 16990.

(3)Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question.

(4)The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.

(d)Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:

(1)The firearm is imported into this country pursuant to provisions of Section 925(a)(4) of Title 18 of the United States Code.

(2)The person is not subject to the requirements of Section 27560.

(3)The firearm is not a firearm that is prohibited by any provision listed in Section 16590.

(4)The firearm is not an assault weapon.

(5)The firearm is not a machinegun.

(6)The firearm is not a .50 BMG rifle.

(7)The firearm is not a destructive device.

(8)The person is 18 years of age or older.

(9)Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question.

(e)The reports that individuals complete pursuant to this section shall be made available to them in a format prescribed by the Department of Justice.

SEC. 10.Section 31700 of the Penal Code is amended to read:
31700.

(a)The following persons, properly identified, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615:

(1)An active or honorably retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

(2)An active or honorably retired federal officer or law enforcement agent.

(3)A reserve peace officer, as defined in Section 832.6.

(4)A person who has successfully completed the course of training specified in Section 832.

(5)A firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive, who is acting in the course and scope of that person’s activities as a person licensed pursuant to Sections 26700 to 26915, inclusive.

(6)A federally licensed collector who is acquiring or being loaned a firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, who has a current certificate of eligibility issued by the department pursuant to Section 26710.

(7)A person to whom a firearm is being returned, if the person receiving the firearm is the owner of the firearm.

(8)A family member of a peace officer or deputy sheriff from a local agency who receives a firearm pursuant to Section 50081 of the Government Code.

(9)An individual who has a valid concealed weapons permit issued pursuant to Chapter 4 (commencing with Section 26150) of Division 5.

(10)An active or honorably retired member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States, where individuals in those organizations are properly identified. For purposes of this section, proper identification includes the Armed Forces Identification Card or other written documentation certifying that the individual is an active or honorably retired member.

(11)A person who is authorized to carry loaded firearms pursuant to Section 26025 or 26030.

(12)A person who holds a special weapons permit issued by the department pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6.

(b)The following persons who take title or possession of a firearm by operation of law in a representative capacity, until or unless they transfer title ownership of the firearm to themselves in a personal capacity, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615:

(1)A secured creditor or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, or an agent or employee thereof when the firearms are possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.

(2)A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.

(3)A receiver performing the functions of a receiver.

(4)A trustee in bankruptcy performing the duties of a trustee.

(5)An assignee for the benefit of creditors performing the functions of an assignee.

(c)A person, validly identified, who has been issued a valid hunting license that is unexpired or that was issued for the hunting season immediately preceding the calendar year in which the person takes title of possession of a firearm is exempt from the firearm safety certificate requirement in subdivision (a) of Section 31615, except as to handguns.

SEC. 11.SEC. 7.

 Section 31705 of the Penal Code is amended to read:

31705.
 (a) Subdivision (a) of Section 31615 does not apply to any sale, delivery, loan, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, loan, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, loan, or transfer is being made.
(b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, recipient, or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed.
(c) Within 10 days of the date a firearm is acquired or received by the agency pursuant to this section, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system.

SEC. 12.SEC. 8.

 The Legislature finds and declares that the amendments made to Sections 26600, 27050, 27600, and 31705 of the Penal Code by this act are declaratory of existing law.
SEC. 13.

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.