CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 758

Introduced by Assembly Member Dixon

February 13, 2023

An act to add Sections 12022.54 and 29807 to the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 758, as introduced, Dixon. Firearms.
Existing law, commencing on January 1, 2024, prohibits the possession of a firearm that does not have a valid state or federal serial number or mark of identification. Existing law provides certain sentencing enhancements for persons who use or possess a firearm in the commission of certain crimes.
This bill would add an additional sentencing enhancement for persons who use or possess a firearm without a valid serial number or mark of identification during the commission of certain criminal offenses.
Existing law also prohibits certain persons who have been convicted of a criminal offense or have been treated for a mental disorder from possessing a firearm.
This bill would impose a sentencing enhancement for this offense if the firearm possessed does not have a valid serial number or mark of identification.
By adding new sentencing enhancements, 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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12022.54 is added to the Penal Code, to read:

12022.54.
 (a) Notwithstanding subdivision (c) of Section 1385, a person who, in the commission of a felony or attempted commission of a felony, is armed with a firearm that does not have a valid state or federal serial number or mark of identification as described in Section 17312, shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for two years unless the arming is an element of that offense. The additional term of this subdivision shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm that does not have a valid state or federal serial number or mark of identification.
(b) Notwithstanding subdivision (c) of Section 1385, any person who, in the commission of a felony or attempted felony, personally uses a firearm that does not have a valid state or federal serial number or mark of identification as described in Section 17312, shall be punished by an additional and consecutive term of imprisonment in the state prison for three years.
(c) Notwithstanding subdivision (f) of Section 1170.1, the enhancements in this section may be imposed in addition to other enhancements for being armed with or using a dangerous or deadly weapon or firearm.

SEC. 2.

 Section 29807 is added to the Penal Code, to read:

29807.
 (a) Notwithstanding subdivision (c) of Section 1385, any person who is within any of the classes prohibited by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code who owns, purchases, receives, or has in their custody or control any firearm that does not have a valid state or federal serial number or mark of identification as described in Section 17312 shall, in addition to any other penalties, be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year.
(b) Notwithstanding subdivision (f) of Section 1170.1, the enhancement in this section may be imposed in addition to other enhancements for being armed with or using a dangerous or deadly weapon or firearm.

SEC. 3.

 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.