BILL NUMBER: SB 38	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 27, 2013
	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  
January  1,  2014,   2015,  require
the Department of Justice to establish a  15-day 
 30-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  provided by the
local law enforcement agency  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 firearm after the amnesty period. The bill
would specify that  the civil penalty shall not apply to a
prohibited person who   a prohibited person shall not be
charged with illegal possession of a firearm, nor be subject to the
fine, if he or she  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   30-day  amnesty period shall be
established, commencing on a date to be determined by the Department
of Justice but not later than  July   January
 1,  2014,   2015,  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 (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.
   (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.
   (d) The department shall enter the information received pursuant
to subdivision (c) in the Prohibited Armed Persons File to create a
record of each firearm surrendered during the amnesty period.
   (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 (d).
   (f)  (1)    At the expiration of
the  15-day   30-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. 

   (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) A prohibited person shall not to be charged with illegal
possession of a firearm, nor be subject to the fine described in
subdivision (f), if he or she 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) 
   (h)  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)

    (i)     Sections 26500 and 27545, and
subdivision (a) of Section 31615,  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.