BILL NUMBER: AB 1695	CHAPTERED
	BILL TEXT

	CHAPTER  47
	FILED WITH SECRETARY OF STATE  JULY 1, 2016
	APPROVED BY GOVERNOR  JULY 1, 2016
	PASSED THE SENATE  JUNE 30, 2016
	PASSED THE ASSEMBLY  JUNE 30, 2016
	AMENDED IN SENATE  JUNE 22, 2016
	AMENDED IN ASSEMBLY  MAY 31, 2016

INTRODUCED BY   Assembly Member Bonta
   (Coauthors: Assembly Members Gipson, Levine, and Ting)

                        JANUARY 21, 2016

   An act to amend Sections 148.5 and 29805 of the Penal Code,
relating to firearms.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1695, Bonta. Firearms: false reports of stolen firearms.
   (1) Existing law makes it a misdemeanor to make a false report to
a peace officer, or to a person who is employed by a law enforcement
agency, as specified, that a felony or misdemeanor has been
committed, knowing the report to be false.
   This bill would make that prohibition applicable to a person who
reports to certain individuals and peace officers that a firearm has
been lost or stolen, knowing the report to be false. By changing the
definition of an existing crime, this bill would impose a
state-mandated local program. The bill would also make it a
misdemeanor for a person convicted of violating this provision to own
a firearm within 10 years of the conviction. By expanding the scope
of an existing crime, this bill would impose a state-mandated local
program.
   (2) This bill would incorporate additional changes to Section
29805 of the Penal Code, proposed by AB 1176, that would become
operative only if AB 1176 and this bill are both chaptered and become
effective on or before January 1, 2017, and this bill is chaptered
last.
   (3) 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.


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

  SECTION 1.  Section 148.5 of the Penal Code is amended to read:
   148.5.  (a) Every person who reports to any peace officer listed
in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the
Attorney General, or a deputy attorney general, or a district
attorney, or a deputy district attorney that a felony or misdemeanor
has been committed, knowing the report to be false, is guilty of a
misdemeanor.
   (b) Every person who reports to any other peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, that a felony or misdemeanor has been committed, knowing the
report to be false, is guilty of a misdemeanor if (1) the false
information is given while the peace officer is engaged in the
performance of his or her duties as a peace officer and (2) the
person providing the false information knows or should have known
that the person receiving the information is a peace officer.
   (c) Except as provided in subdivisions (a) and (b), every person
who reports to any employee who is assigned to accept reports from
citizens, either directly or by telephone, and who is employed by a
state or local agency which is designated in Section 830.1, 830.2,
subdivision (e) of Section 830.3, Section 830.31, 830.32, 830.33,
830.34, 830.35, 830.36, 830.37, or 830.4, that a felony or
misdemeanor has been committed, knowing the report to be false, is
guilty of a misdemeanor if (1) the false information is given while
the employee is engaged in the performance of his or her duties as an
agency employee and (2) the person providing the false information
knows or should have known that the person receiving the information
is an agency employee engaged in the performance of the duties
described in this subdivision.
   (d) Every person who makes a report to a grand jury that a felony
or misdemeanor has been committed, knowing the report to be false, is
guilty of a misdemeanor. This subdivision shall not be construed as
prohibiting or precluding a charge of perjury or contempt for any
report made under oath in an investigation or proceeding before a
grand jury.
   (e) This section does not apply to reports made by persons who are
required by statute to report known or suspected instances of child
abuse, dependent adult abuse, or elder abuse.
   (f) This section applies to a person who reports to a person
described in subdivision (a), (b), or (c), that a firearm, as defined
in subdivision (a) or (b) of Section 16520, has been lost or stolen,
knowing the report to be false.
  SEC. 2.  Section 29805 of the Penal Code is amended to read:
   29805.  (a) Except as provided in Section 29855 or subdivision (a)
of Section 29800, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d)
of Section 148, subdivision (f) of Section 148.5, Section 171b,
paragraph (1) of subdivision (a) of Section 171c, Section 171d,
186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247,
273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or 830.95, subdivision
(a) of former Section 12100, as that section read at any time from
when it was enacted by Section 3 of Chapter 1386 of the Statutes of
1988 to when it was repealed by Section 18 of Chapter 23 of the
Statutes of 1994, Section 17500, 17510, 25300, 25800, 30315, or
32625, subdivision (b) or (d) of Section 26100, or Section 27510, or
Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any
firearm-related offense pursuant to Sections 871.5 and 1001.5 of the
Welfare and Institutions Code, or of the conduct punished in
subdivision (c) of Section 27590, and who, within 10 years of the
conviction, owns, purchases, receives, or has in possession or under
custody or control, any firearm is guilty of a public offense, which
shall be punishable by imprisonment in a county jail not exceeding
one year or in the state prison, by a fine not exceeding one thousand
dollars ($1,000), or by both that imprisonment and fine.
   (b) The court, on forms prescribed by the Department of Justice,
shall notify the department of persons subject to this section.
However, the prohibition in this section may be reduced, eliminated,
or conditioned as provided in Section 29855 or 29860.
  SEC. 2.5.  Section 29805 of the Penal Code is amended to read:
   29805.  (a) Except as provided in Section 29855 or subdivision (a)
of Section 29800, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d)
of Section 148, subdivision (f) of Section 148.5, Section 171b,
paragraph (1) of subdivision (a) of Section 171c, Section 171d,
186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247,
273.5, 273.6, 417, 417.6, 422, 490.2 if the property taken was a
firearm, 496 if the property consists of a firearm, 626.9, 646.9, or
830.95, subdivision (a) of former Section 12100, as that section read
at any time from when it was enacted by Section 3 of Chapter 1386 of
the Statutes of 1988 to when it was repealed by Section 18 of
Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300,
25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or
Section 27510, or Section 8100, 8101, or 8103 of the Welfare and
Institutions Code, any firearm-related offense pursuant to Sections
871.5 and 1001.5 of the Welfare and Institutions Code, or of the
conduct punished in subdivision (c) of Section 27590, and who, within
10 years of the conviction, owns, purchases, receives, or has in
possession or under custody or control, any firearm is guilty of a
public offense, which shall be punishable by imprisonment in a county
jail not exceeding one year or in the state prison, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine.
   (b) The court, on forms prescribed by the Department of Justice,
shall notify the department of persons subject to this section.
However, the prohibition in this section may be reduced, eliminated,
or conditioned as provided in Section 29855 or 29860.
  SEC. 3.  Section 2.5 of this bill incorporates amendments to
Section 29805 of the Penal Code proposed by both this bill and
Assembly Bill 1176. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 29805 of the Penal Code, and (3) this bill
is enacted after Assembly Bill 1176, in which case Section 2 of this
bill shall not become operative.
  SEC. 4.  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.