BILL NUMBER: SB 396 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 5, 2014
AMENDED IN ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN SENATE MAY 15, 2013
AMENDED IN SENATE APRIL 3, 2013
INTRODUCED BY Senators Hancock
and Steinberg
Senator De León
( Principal coauthor: Senator
Lara )
( Principal coauthors:
Assembly Members Alejo, Fong, and
Williams )
( Coauthor: Senator
Jackson Coauthors: Senators
Correa, Lieu, and Padilla )
( Coauthors: Assembly Members
Bonta, Chau, Gonzalez, V. Manuel
Pérez, Rendon, and Yamada )
FEBRUARY 20, 2013
An act to amend Sections 16350, 16740, 32310, 32400,
32405, 32435, and 32450 of the Penal Code, relating to firearms.
repeal Sections 48 21 5 and
66010.8 of the Education Code, to repeal Section 53069.65 of the
Government Code, to repeal Chapter 1.3 (commencing with Section 130)
of Part 1 of Division 1 of the Health and Safety Code, to repeal
Section 834b of the Penal Code, and to repeal Section 10001.5 of the
Welfare and Institutions Code, relating to public services.
LEGISLATIVE COUNSEL'S DIGEST
SB 396, as amended, Hancock De León
. Firearms: magazine capacity. Public
services.
Proposition 187, which was approved by the voters at the November
8, 1994, statewide general election, made illegal aliens ineligible
for specified public social services, public health care services,
and public school education at the elementary, secondary, and
post-secondary levels. Among other things, the proposition also
required various state and local agencies to report suspected illegal
aliens, as specified, and required the Attorney General to perform
certain tasks in connection with transmitting and retaining those
reports. These provisions of Proposition 187 were rendered
unenforceable after a federal court found them to be preempted by the
United States Constitution and other federal law.
This bill would repeal the unenforceable provisions of Proposition
187, as described above.
(1) Existing law, for purposes pertaining to the ammunition
capacity of certain assault weapons, defines "capacity to accept more
than 10 rounds" to mean capable of accommodating more than 10
rounds, but specifies that this term does not apply to a feeding
device that has been permanently altered so that it cannot
accommodate more than 10 rounds.
This bill would revise that definition to mean capable of holding
more than 10 rounds, but not applying to a feeding device that has
been permanently altered so that it cannot hold more than 10 rounds.
(2) Existing law prohibits the sale, gift, and loan of a
large-capacity magazine. Existing law defines "large-capacity
magazine" to mean any ammunition feeding device with the capacity to
accept more than 10 rounds, but provides that the definition may not
be construed to include a feeding device that has been permanently
altered so that it cannot accommodate more than 10 rounds.
This bill would include within that definition of large-capacity
magazine a feeding device that had a capacity of more than 10 rounds
but has been permanently modified to hold no more than 10 rounds of
ammunition, and would exclude from that definition a magazine that is
only of sufficient length to hold no more than 10 rounds of
ammunition.
This bill, commencing July 1, 2014, would make it an infraction
punishable by a fine not to exceed $100, or a misdemeanor punishable
by a fine not to exceed $100, by imprisonment in the county jail not
to exceed one year, or by both that fine and imprisonment, for any
person to possess any large-capacity magazine, regardless of the date
the magazine was acquired. The bill would authorize various methods
by which a person in lawful possession of a large-capacity magazine
may dispose of the magazine prior to the July 1, 2014, prohibition on
possession.
(3) Existing law creates various exceptions to that crime, which
include, but are not limited to, the sale of, giving of, lending of,
importation into this state of, or purchase of, any large-capacity
magazine to or by the holder of a special weapons permit for use as a
prop for a motion picture, or any federal, state, county, city and
county, or city agency that is charged with the enforcement of any
law, for use by agency employees in the discharge of their official
duties, whether on or off duty, and where the use is authorized by
the agency and is within the course and scope of their duties.
This bill would make conforming changes by adding possession to
those provisions.
This bill would incorporate additional changes to Section 32310 of
the Penal Code proposed by AB 48 that would become operative if this
bill and AB 48 are both enacted and this bill is enacted last.
By creating a new crime, 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
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48215 of the
Education Code is repealed.
48215. (a) No public elementary or secondary school shall admit,
or permit the attendance of, any child who is not a citizen of the
United States, an alien lawfully admitted as a permanent resident, or
a person who is otherwise authorized under federal law to be present
in the United States.
(b) Commencing January 1, 1995, each school district shall verify
the legal status of each child enrolling in the school district for
the first time in order to ensure the enrollment or attendance only
of citizens, aliens lawfully admitted as permanent residents, or
persons who are otherwise authorized to be present in the United
States.
(c) By January 1, 1996, each school district shall have verified
the legal status of each child already enrolled and in attendance in
the school district in order to ensure the enrollment or attendance
only of citizens, aliens lawfully admitted as permanent residents, or
persons who are otherwise authorized under federal law to be present
in the United States.
(d) By January 1, 1996, each school district shall also have
verified the legal status of each parent or guardian of each child
referred to in subdivisions (b) and (c), to determine whether such
parent or guardian is one of the following:
(1) A citizen of the United States.
(2) An alien lawfully admitted as a permanent resident.
(3) An alien admitted lawfully for a temporary period of time.
(e) Each school district shall provide information to the State
Superintendent of Public Instruction, the Attorney General of
California, and the United States Immigration and Naturalization
Service regarding any enrollee or pupil, or parent or guardian,
attending a public elementary or secondary school in the school
district determined or reasonably suspected to be in violation of
federal immigration laws within forty-five days after becoming aware
of an apparent violation. The notice shall also be provided to the
parent or legal guardian of the enrollee or pupil, and shall state
that an existing pupil may not continue to attend the school after
ninety calendar days from the date of the notice, unless legal status
is established.
(f) For each child who cannot establish legal status in the United
States, each school district shall continue to provide education for
a period of ninety days from the date of the notice. Such ninety day
period shall be utilized to accomplish an orderly transition to a
school in the child's country of origin. Each school district shall
fully cooperate in this transition effort to ensure that the
educational needs of the child are best served for that period of
time.
SEC. 2. Section 66010.8 of the
Education Code is repealed.
66010.8. (a) No public institution of postsecondary education
shall admit, enroll, or permit the attendance of any person who is
not a citizen of the United States, an alien lawfully admitted as a
permanent resident in the United States, or a person who is otherwise
authorized under federal law to be present in the United States.
(b) Commencing with the first term or semester that begins after
January 1, 1995, and at the commencement of each term or semester
thereafter, each public postsecondary educational institution shall
verify the status of each person enrolled or in attendance at that
institution in order to ensure the enrollment or attendance only of
United States citizens, aliens lawfully admitted as permanent
residents in the United States, and persons who are otherwise
authorized under federal law to be present in the United States.
(c) No later than 45 days after the admissions officer of a public
postsecondary educational institution becomes aware of the
application, enrollment, or attendance of a person determined to be,
or who is under reasonable suspicion of being, in the United States
in violation of federal immigration laws, that officer shall provide
that information to the State Superintendent of Public Instruction,
the Attorney General of California, and the United States Immigration
and Naturalization Service. The information shall also be provided
to the applicant, enrollee, or person admitted.
SEC. 3. Section 5306 9.65 of the
Government Code is repealed.
53069.65. Whenever the state or a city, or a county, or any other
legally authorized local governmental entity with jurisdictional
boundaries reports the presence of a person who is suspected of being
present in the United States in violation of federal immigration
laws to the Attorney General of California, that report shall be
transmitted to the United States Immigration and Naturalization
Service. The Attorney General shall be responsible for maintaining
on-going and accurate records of such reports, and shall provide any
additional information that may be requested by any other government
entity.
SEC. 4. Chapter 1.3 (commencing with Section 130)
of Part 1 of Division 1 of the Health and Safety Code
, as added by Section 6 of Proposition 187 on November 8,
1994, is repealed.
SEC. 5. Section 834b of the Penal Code
is repealed.
834b. (a) Every law enforcement agency in California shall fully
cooperate with the United States Immigration and Naturalization
Service regarding any person who is arrested if he or she is
suspected of being present in the United States in violation of
federal immigration laws.
(b) With respect to any such person who is arrested, and suspected
of being present in the United States in violation of federal
immigration laws, every law enforcement agency shall do the
following:
(1) Attempt to verify the legal status of such person as a citizen
of the United States, an alien lawfully admitted as a permanent
resident, an alien lawfully admitted for a temporary period of time
or as an alien who is present in the United States in violation of
immigration laws. The verification process may include, but shall not
be limited to, questioning the person regarding his or her date and
place of birth, and entry into the United States, and demanding
documentation to indicate his or her legal status.
(2) Notify the person of his or her apparent status as an alien
who is present in the United States in violation of federal
immigration laws and inform him or her that, apart from any criminal
justice proceedings, he or she must either obtain legal status or
leave the United States.
(3) Notify the Attorney General of California and the United
States Immigration and Naturalization Service of the apparent illegal
status and provide any additional information that may be requested
by any other public entity.
(c) Any legislative, administrative, or other action by a city,
county, or other legally authorized local governmental entity with
jurisdictional boundaries, or by a law enforcement agency, to prevent
or limit the cooperation required by subdivision (a) is expressly
prohibited.
SEC. 6. Section 10001.5 of the Welfare
and Institutions Code is repealed.
10001.5. (a) In order to carry out the intention of the People of
California that only citizens of the United States and aliens
lawfully admitted to the United States may receive the benefits of
public social services and to ensure that all persons employed in the
providing of those services shall diligently protect public funds
from misuse, the provisions of this section are adopted.
(b) A person shall not receive any public social services to which
he or she may be otherwise entitled until the legal status of that
person has been verified as one of the following:
(1) A citizen of the United States.
(2) An alien lawfully admitted as a permanent resident.
(3) An alien lawfully admitted for a temporary period of time.
(c) If any public entity in this state to whom a person has
applied for public social services determines or reasonably suspects,
based upon the information provided to it, that the person is an
alien in the United States in violation of federal law, the following
procedures shall be followed by the public entity:
(1) The entity shall not provide the person with benefits or
services.
(2) The entity shall, in writing, notify the person of his or her
apparent illegal immigration status, and that the person must either
obtain legal status or leave the United States.
(3) The entity shall also notify the State Director of Social
Services, the Attorney General of California, and the United States
Immigration and Naturalization Service of the apparent illegal
status, and shall provide any additional information that may be
requested by any other public entity.
SECTION 1. Section 16350 of the Penal Code is
amended to read:
16350. As used in Section 30515, "capacity to accept more than 10
rounds" means capable of holding more than 10 rounds. The term does
not apply to a feeding device that has been permanently altered so
that it cannot hold more than 10 rounds.
SEC. 2. Section 16740 of the Penal Code is
amended to read:
16740. (a) As used in this part, "large-capacity magazine" means
any ammunition feeding device with the capacity to accept more than
10 rounds. As used in this part, "large-capacity magazine" also
includes a feeding device that had a capacity of more than 10 rounds
but has been permanently modified to hold no more than 10 rounds of
ammunition.
(b) As used in this part, "large-capacity magazine" does not
include any of the following:
(1) A magazine that is only of sufficient length to hold no more
than 10 rounds of ammunition.
(2) A .22 caliber tube ammunition feeding device.
(3) A tubular magazine that is contained in a lever-action
firearm.
SEC. 3. Section 32310 of the Penal Code is
amended to read:
32310. (a) Except as provided in Article 2 (commencing with
Section 32400) of this chapter and in Chapter 1 (commencing with
Section 17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, or
lends, any large-capacity magazine is punishable by imprisonment in a
county jail not exceeding one year or imprisonment pursuant to
subdivision (h) of Section 1170.
(b) Except as provided in Article 2 (commencing with Section
32400) of this chapter and in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, commencing July 1, 2014, any person
in this state who possesses any large-capacity magazine, regardless
of the date the magazine was acquired, is guilty of an infraction
punishable by a fine not to exceed one hundred dollars ($100), or is
guilty of a misdemeanor punishable by a fine not to exceed one
hundred dollars ($100), by imprisonment in a county jail not to
exceed one year, or by both that fine and imprisonment.
(c) Any person who, prior to July 1, 2014, legally possesses a
large-capacity magazine shall dispose of that magazine by any of the
following means:
(1) Remove the large-capacity magazine from the state.
(2) Prior to July 1, 2014, sell the large-capacity magazine to a
licensed firearms dealer.
(3) Destroy the large-capacity magazine.
(4) Surrender the large-capacity magazine to a law enforcement
agency for destruction.
SEC. 3.5. Section 32310 of the Penal Code is
amended to read:
32310. (a) Except as provided in Article 2 (commencing with
Section 32400) of this chapter and in Chapter 1 (commencing with
Section 17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
buys, or receives any large-capacity magazine is punishable by
imprisonment in a county jail not exceeding one year or imprisonment
pursuant to subdivision (h) of Section 1170.
(b) Except as provided in Article 2 (commencing with Section
32400) of this chapter and in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, commencing July 1, 2014, any person
in this state who possesses any large-capacity magazine, regardless
of the date the magazine was acquired, is guilty of an infraction
punishable by a fine not to exceed one hundred dollars ($100), or is
guilty of a misdemeanor punishable by a fine not to exceed one
hundred dollars ($100), by imprisonment in a county jail not to
exceed one year, or by both that fine and imprisonment.
(c) Any person who, prior to July 1, 2014, legally possesses a
large-capacity magazine shall dispose of that magazine by any of the
following means:
(1) Remove the large-capacity magazine from the state.
(2) Prior to July 1, 2014, sell the large-capacity magazine to a
licensed firearms dealer.
(3) Destroy the large-capacity magazine.
(4) Surrender the large-capacity magazine to a law enforcement
agency for destruction.
(d) For purposes of this section, "manufacturing" includes both
fabricating a magazine and assembling a magazine from a combination
of parts, including, but not limited to, the body, spring, follower,
and floor plate or end plate, to be a fully functioning
large-capacity magazine.
SEC. 4. Section 32400 of the Penal Code is
amended to read:
32400. Section 32310 does not apply to the sale of, giving of,
lending of, possession of, importation into this state of, or
purchase of, any large-capacity magazine to or by any federal, state,
county, city and county, or city agency that is charged with the
enforcement of any law, for use by agency employees in the discharge
of their official duties, whether on or off duty, and where the use
is authorized by the agency and is within the course and scope of
their duties.
SEC. 5. Section 32405 of the Penal Code is
amended to read:
32405. Section 32310 does not apply to the sale to, lending to,
transfer to, purchase by, receipt of, possession of, or importation
into this state of, a large-capacity magazine by a sworn peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, who is authorized to carry a firearm in the course
and scope of that officer's duties.
SEC. 6. Section 32435 of the Penal Code is
amended to read:
32435. Section 32310 does not apply to any of the following:
(a) The sale of, giving of, lending of, possession of, importation
into this state of, or purchase of, any large-capacity magazine, to
or by any entity that operates an armored vehicle business pursuant
to the laws of this state.
(b) The lending and possession of large-capacity magazines by an
entity specified in subdivision (a) to its authorized employees,
while in the course and scope of employment for purposes that pertain
to the entity's armored vehicle business.
(c) The return of those large-capacity magazines to the entity
specified in subdivision (a) by those employees specified in
subdivision (b).
SEC. 7. Section 32450 of the Penal Code is
amended to read:
32450. Section 32310 does not apply to the purchase or possession
of a large-capacity magazine by the holder of a special weapons
permit issued pursuant to Section 31000, 32650, or 33300, or 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 of this division, for any of the
following purposes:
(a) For use solely as a prop for a motion picture, television, or
video production.
(b) For export pursuant to federal regulations.
(c) For resale to law enforcement agencies, government agencies,
or the military, pursuant to applicable federal regulations.
SEC. 8. Section 3.5 of this bill incorporates
amendments to Section 32310 of the Penal Code proposed by both this
bill and Assembly Bill 48. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2014,
(2) each bill amends Section 32310 of the Penal Code, and (3) this
bill is enacted after Assembly Bill 48, in which case Section 3 of
this bill shall not become operative.
SEC. 9. 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.