BILL NUMBER: SB 38	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 24, 2013
	AMENDED IN SENATE  APRIL 11, 2013

INTRODUCED BY   Senator De León

                        DECEMBER 5, 2012

   An act to add Section 30009 to the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 38, as amended, De León. Firearms: prohibited persons.
   Existing law requires the Attorney General to establish and
maintain an online database, known as the Prohibited Armed Persons
File, to cross-reference persons who have ownership or possession of
a firearm and who, subsequent to the date of that ownership or
possession, became a person who is prohibited from owning or
possessing a firearm.
   This bill would, no later than July 1, 2014, require the
Department of Justice to establish a 15-day amnesty period during
which a person prohibited from possessing a firearm may surrender his
or her firearms to a local law enforcement agency without being
charged with illegal possession of a firearm, except as specified.
 The bill would require the department to provide written
notification of the amnesty period to prohibited   persons
who are eligible to participate in the amnesty period, and would
require the notification to include certain information.  The
bill would require a local law enforcement agency that receives a
firearm from a prohibited person during the amnesty period to report
specified information to the department  and to sell or destroy
surrendered firearms, as provided  . The bill would require the
department to use the specified information to create a record of
each surrendered firearm in the Prohibited Armed Persons File. The
bill would also impose a civil fine  of  up to $2,500 per
firearm on a person prohibited from possessing a firearm who still
maintains possession of his or her  firearms  
firearm  after the amnesty period. The bill would 
authorize the department to conduct a public awareness campaign in
conjunction with local law enforcement to promote the amnesty period,
as specified.   specify that the civil penalty shall
not apply to a prohibited person who provides evidence satisfactory
to the department that he or she lawfully surrendered his or her
firearm prior to the commencement of the amnesty period. Because this
bill would impose additional duties on local law enforcement
agencies, this bill would create 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 30009 is added to the Penal Code, to read:
   30009.  (a) In order to reduce the number of firearms possessed by
prohibited persons listed in the Prohibited Armed Persons File, a
15-day amnesty period shall be established, commencing on a date to
be determined by the Department of Justice but not later than July 1,
2014, during which a person prohibited from possessing a firearm may
surrender his or her firearms to a local law enforcement agency
without being charged with illegal possession of firearms, as
provided in subdivision  (d)   (e)  . No
person convicted of a felony shall be permitted to participate in the
amnesty period. 
   (b) The department shall provide written notification of the
amnesty period to all prohibited persons eligible to participate in
the amnesty period by first-class mail no later than 60 calendar days
prior to the commencement of the amnesty period. The notification
shall specify the firearms possessed by the prohibited person and
provide instructions for the surrender of the illegal firearms. 

   (b) 
    (c)  For each instance in which a local law enforcement
agency receives a firearm from a prohibited person during the amnesty
period described in subdivision (a), the agency shall submit to the
department the following information:
   (1) The name of the prohibited person who surrendered the firearm.

   (2) The person's date of birth.
   (3) A description of the firearm or firearms surrendered.
   (4) The serial number of the firearm or firearms surrendered.
   (5) Any other information deemed necessary by the department.

   (c) 
    (d)  The department shall enter the information received
pursuant to subdivision  (b)   (c)  in the
Prohibited Armed Persons File to create a record of each firearm
surrendered during the amnesty period. 
   (d) 
    (e)  A prohibited person who surrenders a firearm
pursuant to subdivision (a) shall not be charged with illegal
possession of firearms for any firearm the department has on record
as having been surrendered pursuant to subdivision  (c)
  (d)  . 
   (e) 
    (f)     (1)    At the
expiration of the 15-day amnesty period described in subdivision (a),
a person prohibited from possessing a firearm who still maintains
possession of his or her firearms shall be subject to a civil fine of
up to two thousand five hundred dollars ($2,500) per firearm in
addition to any  criminal penalties authorized by law,
including, but not limited to, penalties described in Chapter 3
(commencing with Section 29900) of this code and Sections 8100 and
8103 of the Welfare and Institutions Code. 
   (f) The department may conduct a public awareness campaign in
conjunction with local law enforcement to promote the amnesty period
described in this section and to educate prohibited persons on how to
surrender firearms to law enforcement in a safe and secure manner.
 
   (2) The civil penalty described in paragraph (1) shall not apply
to a prohibited person who provides evidence satisfactory to the
department that he or she lawfully surrendered his or her firearm
prior to the commencement of the amnesty period.  
   (g) Any firearms surrendered to a local law enforcement agency
pursuant to this section shall be sold or destroyed as provided in
Section 18005.  
   (h) Section 27545 and Chapter 5 (commencing with Section 28050)
shall not apply to the surrender of firearms to a local law
enforcement agency pursuant to this section. 
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.