BILL NUMBER: SB 1037	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2016
	AMENDED IN SENATE  MARCH 30, 2016

INTRODUCED BY   Senator Allen

                        FEBRUARY 12, 2016

   An act to amend Section  5343.5 of the Food and
Agricultural Code, and to amend Sections 803, 11106, 23635, 23690,
25560, 26405, 26825, 26880, 26885, 27520, 27570, 27590, 28160, 28200,
31700, and 32110 of, to add Article 3.5 (commencing with Section
28270) to Chapter 6 of Division 6 of Title 4 of Part 6 of, and to
repeal and add Section 26379 of,   803   of
 the Penal Code, relating to firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1037, as amended, Allen.  Return of firearms: special
procedures.   Firearms.  
   Existing law requires the Secretary of Food and Agriculture to
maintain quarantine inspection stations. Existing law requires that a
sign be conspicuously posted at any inspection station maintained at
or near the California border stating that the federal Gun Control
Act of 1968 may prohibit persons from bringing firearms into the
state that were acquired outside of the state.  
   The bill would require that these inspection station signs also
state that California law may prohibit a person from bringing a
firearm into the state that was acquired outside of the state.

   Existing law prescribes the statute of limitations for filing
various criminal complaints.
   This bill would provide that, notwithstanding any other statute of
limitation for filing a criminal complaint, the limitation of time
would not commence until one year after discovery  of
  of, but in no event later than 5 years after the
commission of,  the violation for specified offense involving
the transfer of firearms, including, among others, violating
prohibitions against transferring a firearm to a person who is
prohibited from possessing a firearm,  and  transferring
 a firearm to a minor or  a handgun to a person
under 21 years of  age, and failing to complete a firearm
transfer through a firearms dealer as required.   age.
 
   Existing law generally regulates the sale and transfer of
firearms. Existing law requires a firearms transaction conducted by a
firearms dealer to include, among other things, a background check
of the purchaser, and certain personal information about the
purchaser to be submitted to the department. Existing law requires a
firearm transfer between 2 persons, neither of whom are a firearms
dealer, to be conducted through a dealer. Similarly, existing law
requires a person who imports or transports a firearm into this state
that was obtained outside of the state to have the firearm delivered
to a dealer for delivery to that person.  
   This bill would provide a return process for firearms obtained
under the circumstances described above and in violation of the
requirement that a firearms dealer conduct the transfer. The bill
would require the owner of the firearm to deliver the firearm to a
firearms dealer, who would report taking possession of the firearm to
the department, and would require the firearm to be returned to the
prior owner after a background check and other requirements that
apply to a firearms transaction conducted by a dealer have been met.
A violation of these provisions by a dealer would be a misdemeanor.
By creating a new crime, this bill would impose a state-mandated
local program.  
   The bill would make conforming changes to other provisions of law
relating to records of firearms transactions kept by the department
and a firearms dealer. The bill would, for firearms complying with
those return provisions, make conforming changes to other provisions
of law that provide exceptions from various prohibitions, including,
among others, exceptions to the prohibition against carrying a
concealed firearm, to the prohibition against openly carrying a
firearm, and to carrying a firearm that is not a handgun in public.
The bill would, for firearms returned pursuant to the return
provisions, also make exceptions to other provisions of law requiring
firearm safety devices, firearm safety certificates, and regulating
unsafe handguns.  
   Existing law makes it a crime for a person, corporation, or firm
to sell, loan, or transfer a firearm to a minor or sell a handgun to
an individual under 21 years of age. Existing law makes it a crime
for a firearms dealer to supply, deliver, or give possession or
control of a handgun to any person under 21 years of age, or any
other firearm to a person under 18 years of age. Existing law makes
these crimes punishable as a misdemeanor, except that in the case of
a handgun the crimes are punishable as a misdemeanor or a felony, as
specified.  
   This bill would make these crimes punishable as a misdemeanor or
felony, as specified, in the case of a centerfire semiautomatic
rifle.  
   Existing law, subject to exceptions, requires a firearms dealer to
comply with certain requirements when delivering a firearm to a
person, including, among others, that the firearm is not delivered
within 10 days of the application to purchase and is not delivered to
a person that the Department of Justice has notified the dealer is
prohibited from receiving a firearm. Existing law makes a violation
of these provisions a misdemeanor, except that in the case of a
handgun the violation is a misdemeanor or a felony, as specified.
 
   This bill would make a violation of those provisions, in the case
of a centerfire semiautomatic rifle, punishable as a misdemeanor or a
felony, as specified.  
   By creating new crimes, this bill would impose a state-mandated
local program.  
   Existing law requires reports of ownership be filed within certain
grace periods for firearms brought or imported into the state by a
personal firearms importer or licensed collector. Existing law makes
a violation of these provisions a misdemeanor.  
   This bill would make a violation of those provisions, in the case
of a handgun, punishable as a misdemeanor or a felony. 

   By increasing the penalty for an existing offense, this bill would
impose a state-mandated local program.  
   The bill would provide that the violations of failing to process a
firearms transaction through a dealer when neither party to the
transaction is a dealer, and of importing a firearm without it going
to a dealer for delivery to the importer would not apply if the only
evidence of the violation arises because of information supplied to
the Department of Justice in connection with the return process
described above.  
   Existing law prohibits a person, corporation, or dealer from
acquiring a firearm for the purpose of selling, loaning, or
transferring the firearm if the dealer has the intent to transfer the
firearm to a minor or to evade specified requirements on the
transfer of firearms, or in the case of a person, if the person
intends to violate the requirement that the transaction be conducted
through a licensed firearms dealer. A violation of these provisions
is punishable as a misdemeanor or a felony.  
   This bill would similarly prohibit a person, corporation, or
dealer from transporting a firearm or bringing a firearm into this
state for the purpose of selling, loaning, or transferring the
firearm with the intent specified above. By expanding the definition
of a 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 5343.5 of the Food and
Agricultural Code is amended to read:
   5343.5.  At any inspection station maintained at or near the
California border by the director pursuant to Section 5341, the
following sign shall be conspicuously posted in block letters not
less than four inches in height:

   "NOTICE: IF YOU ARE A CALIFORNIA RESIDENT, CALIFORNIA LAW AND THE
FEDERAL GUN CONTROL ACT MAY PROHIBIT YOU FROM BRINGING WITH YOU INTO
THIS STATE FIREARMS THAT YOU ACQUIRED OUTSIDE OF THIS STATE.
   IN ADDITION, IF YOU ARE A NEW CALIFORNIA RESIDENT, STATE LAW
REGULATES YOUR BRINGING INTO CALIFORNIA HANDGUNS AND OTHER DESIGNATED
FIREARMS AND MANDATES THAT SPECIFIC PROCEDURES BE FOLLOWED.
   IF YOU HAVE ANY QUESTIONS ABOUT THE PROCEDURES TO BE FOLLOWED IN
BRINGING FIREARMS INTO CALIFORNIA OR TRANSFERRING FIREARMS WITHIN
CALIFORNIA, YOU SHOULD CONTACT THE CALIFORNIA DEPARTMENT OF JUSTICE
OR A LOCAL CALIFORNIA LAW ENFORCEMENT AGENCY."

   SEC. 2.   SECTION 1.   Section 803 of
the Penal Code is amended to read:
   803.  (a) Except as provided in this section, a limitation of time
prescribed in this chapter is not tolled or extended for any reason.

   (b) No time during which prosecution of the same person for the
same conduct is pending in a court of this state is a part of a
limitation of time prescribed in this chapter.
   (c) A limitation of time prescribed in this chapter does not
commence to run until the discovery of an offense described in this
subdivision. This subdivision applies to an offense punishable by
imprisonment in the state prison or imprisonment pursuant to
subdivision (h) of Section 1170, a material element of which is fraud
or breach of a fiduciary obligation, the commission of the crimes of
theft or embezzlement upon an elder or dependent adult, or the basis
of which is misconduct in office by a public officer, employee, or
appointee, including, but not limited to, the following offenses:
   (1) Grand theft of any type, forgery, falsification of public
records, or acceptance of, or asking, receiving, or agreeing to
receive, a bribe, by a public official or a public employee,
including, but not limited to, a violation of Section 68, 86, or 93.
   (2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.
   (3) A violation of Section 25540, of any type, or Section 25541 of
the Corporations Code.
   (4) A violation of Section 1090 or 27443 of the Government Code.
   (5) Felony welfare fraud or Medi-Cal fraud in violation of Section
11483 or 14107 of the Welfare and Institutions Code.
   (6) Felony insurance fraud in violation of Section 548 or 550 of
this code or former Section 1871.1, or Section 1871.4, of the
Insurance Code.
   (7) A violation of Section 580, 581, 582, 583, or 584 of the
Business and Professions Code.
   (8) A violation of Section 22430 of the Business and Professions
Code.
   (9) A violation of Section 103800 of the Health and Safety Code.
   (10) A violation of Section 529a.
   (11) A violation of subdivision (d) or (e) of Section 368.
   (d) If the defendant is out of the state when or after the offense
is committed, the prosecution may be commenced as provided in
Section 804 within the limitations of time prescribed by this
chapter, and no time up to a maximum of three years during which the
defendant is not within the state shall be a part of those
limitations.
   (e) A limitation of time prescribed in this chapter does not
commence to run until the offense has been discovered, or could have
reasonably been discovered, with regard to offenses under Division 7
(commencing with Section 13000) of the Water Code, under Chapter 6.5
(commencing with Section 25100) of, Chapter 6.7 (commencing with
Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of,
Division 20 of, or Part 4 (commencing with Section 41500) of
Division 26 of, the Health and Safety Code, or under Section 386, or
offenses under Chapter 5 (commencing with Section 2000) of Division 2
of, Chapter 9 (commencing with Section 4000) of Division 2 of,
Section 6126 of, Chapter 10 (commencing with Section 7301) of
Division 3 of, or Chapter 19.5 (commencing with Section 22440) of
Division 8 of, the Business and Professions Code.
   (f) (1) Notwithstanding any other limitation of time described in
this chapter, a criminal complaint may be filed within one year of
the date of a report to a California law enforcement agency by a
person of any age alleging that he or she, while under 18 years of
age, was the victim of a crime described in Section 261, 286, 288,
288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of
the Statutes of 1991 relating to penetration by an unknown object.
   (2) This subdivision applies only if all of the following occur:
   (A) The limitation period specified in Section 800, 801, or 801.1,
whichever is later, has expired.
   (B) The crime involved substantial sexual conduct, as described in
subdivision (b) of Section 1203.066, excluding masturbation that is
not mutual.
   (C) There is independent evidence that corroborates the victim's
allegation. If the victim was 21 years of age or older at the time of
the report, the independent evidence shall clearly and convincingly
corroborate the victim's allegation.
   (3) No evidence may be used to corroborate the victim's allegation
that otherwise would be inadmissible during trial. Independent
evidence does not include the opinions of mental health
professionals.
   (4) (A) In a criminal investigation involving any of the crimes
listed in paragraph (1) committed against a child, when the
applicable limitations period has not expired, that period shall be
tolled from the time a party initiates litigation challenging a grand
jury subpoena until the end of the litigation, including any
associated writ or appellate proceeding, or until the final
disclosure of evidence to the investigating or prosecuting agency, if
that disclosure is ordered pursuant to the subpoena after the
litigation.
   (B) Nothing in this subdivision affects the definition or
applicability of any evidentiary privilege.
   (C) This subdivision shall not apply if a court finds that the
grand jury subpoena was issued or caused to be issued in bad faith.
   (g) (1) Notwithstanding any other limitation of time described in
this chapter, a criminal complaint may be filed within one year of
the date on which the identity of the suspect is conclusively
established by DNA testing, if both of the following conditions are
met:
   (A) The crime is one that is described in subdivision (c) of
Section 290.
   (B) The offense was committed prior to January 1, 2001, and
biological evidence collected in connection with the offense is
analyzed for DNA type no later than January 1, 2004, or the offense
was committed on or after January 1, 2001, and biological evidence
collected in connection with the offense is analyzed for DNA type no
later than two years from the date of the offense.
   (2) For purposes of this section, "DNA" means deoxyribonucleic
acid.
   (h) For any crime, the proof of which depends substantially upon
evidence that was seized under a warrant, but which is unavailable to
the prosecuting authority under the procedures described in People
v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior
Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c)
of Section 1524, relating to claims of evidentiary privilege or
attorney work product, the limitation of time prescribed in this
chapter shall be tolled from the time of the seizure until final
disclosure of the evidence to the prosecuting authority. Nothing in
this section otherwise affects the definition or applicability of any
evidentiary privilege or attorney work product.
   (i) Notwithstanding any other limitation of time described in this
chapter, a criminal complaint may be filed within one year of the
date on which a hidden recording is discovered related to a violation
of paragraph (2) or (3) of subdivision (j) of Section 647.
   (j) Notwithstanding any other limitation of time described in this
chapter, if a person flees the scene of an accident that caused
death or permanent, serious injury, as defined in subdivision (d) of
Section 20001 of the Vehicle Code, a criminal complaint brought
pursuant to paragraph (2) of subdivision (b) of Section 20001 of the
Vehicle Code may be filed within the applicable time period described
in Section 801 or 802 or one year after the person is initially
identified by law enforcement as a suspect in the commission of the
offense, whichever is later, but in no case later than six years
after the commission of the offense.
   (k) Notwithstanding any other limitation of time described in this
chapter, if a person flees the scene of an accident, a criminal
complaint brought pursuant to paragraph (1) or (2) of subdivision (c)
of Section 192 may be filed within the applicable time period
described in Section 801 or 802, or one year after the person is
initially identified by law enforcement as a suspect in the
commission of that offense, whichever is later, but in no case later
than six years after the commission of the offense.
   (l) A limitation of time prescribed in this chapter does not
commence to run until the discovery of an offense involving the
offering or giving of a bribe to a public official or public
employee, including, but not limited to, a violation of Section 67,
67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education
Code.
   (m) A limitation of time prescribed in this chapter does not
commence to run until one year from the discovery  of
  of, but in no event later than five years after the
commission of,  a violation of Section 27500,  27505,
 27510,  27515, 27520, 27545, 27560, 27565, 27585,
subdivision (a), (c), (d), (e), or (f) of Section 27540, or the
discovery of the supplying, selling, giving, or allowing possession
or control of a firearm in violation of Section 8101 of the Welfare
and Institutions Code.   or 27515.  All matter
omitted in this version of the bill appears in the bill as amended in
the Senate, March 30, 2016. (JR11)