Amended  IN  Assembly  March 02, 2023
Amended  IN  Assembly  February 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 301

Introduced by Assembly Member Bauer-Kahan
(Principal coauthors: Assembly Members Berman, Connolly, Berman and Mike Fong)
(Coauthors: Assembly Members Gabriel, Kalra, Papan, and Wicks)

January 26, 2023

An act to repeal and add Section 31360 amend Section 18155 of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 301, as amended, Bauer-Kahan. Body armor: prohibition. Gun violence restraining orders: body armor.
Existing law authorizes a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having custody or control of, owning, purchasing, possessing, or receiving, or attempting to purchase or receive a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of harm to themselves or to another person in the near future by having custody or control of, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to themselves or to another. Existing law requires the court, when determining whether grounds for a gun violence restraining order exists, to consider evidence of, among other things, a recent threat of violence by the subject of the petition, and also authorizes the court to consider evidence of, among other things, recent acquisition of firearms, ammunition, or other deadly weapons by the subject of the petition.
This bill would additionally authorize the court to consider evidence of acquisition of body armor when determining whether grounds for a gun violence restraining order exist.

Existing law makes it a felony for a person who has been convicted of a violent felony to purchase, own, or possess body armor. Existing law authorizes a person subject to that prohibition, whose employment, livelihood, or safety is dependent on the ability to legally possess and use body armor, to file a petition for an exception to the prohibition with the chief of police or county sheriff of the jurisdiction in which the person seeks to possess and use the body armor, as provided.

This bill would repeal those provisions and instead make it a misdemeanor for any person to purchase or take possession of body armor, and a felony for any person who has been convicted of a violent felony to do so, unless they are employed in specified professions. The bill would additionally make it a misdemeanor for a person, firm, or corporation to sell or deliver body armor to any person not engaged in one of those professions. The bill would require a seller to verify that a transferee is from an eligible profession, as specified. The bill would authorize the Department of Justice to expand the list of eligible professions if the duties of the profession may expose an individual engaged in the profession to serious physical injury that may be prevented or mitigated by the wearing of body armor, or if the duties of the profession are necessary to facilitate the lawful purchase, sale, or use of body armor.

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: YESNO   Local Program: YESNO  

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


SECTION 1.

 Section 18155 of the Penal Code is amended to read:

18155.
 (a) (1) The court, before issuing an ex parte gun violence restraining order, shall examine on oath, the petitioner and any witness the petitioner may produce.
(2) In lieu of examining the petitioner and any witness the petitioner may produce, the court may require the petitioner and any witness to submit a written affidavit signed under oath.
(b) (1) In determining whether grounds for a gun violence restraining order exist, the court shall consider all evidence of the following:
(A) A recent threat of violence or act of violence by the subject of the petition directed toward another.
(B) A recent threat of violence or act of violence by the subject of the petition directed toward himself or herself. themselves.
(C) A violation of an emergency protective order issued pursuant to Section 646.91 or Part 3 (commencing with Section 6240) of Division 10 of the Family Code that is in effect at the time the court is considering the petition.
(D) A recent violation of an unexpired protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code.
(E) A conviction for any offense listed in Section 29805.
(F) A pattern of violent acts or violent threats within the past 12 months, including, but not limited to, threats of violence or acts of violence by the subject of the petition directed toward himself, herself, themselves or another.
(2) In determining whether grounds for a gun violence restraining order exist, the court may consider any other evidence of an increased risk for violence, including, but not limited to, evidence of any of the following:
(A) The unlawful and reckless use, display, or brandishing of a firearm by the subject of the petition.
(B) The history of use, attempted use, or threatened use of physical force by the subject of the petition against another person.
(C) A prior arrest of the subject of the petition for a felony offense.
(D) A history of a violation by the subject of the petition of an emergency protective order issued pursuant to Section 646.91 or Part 3 (commencing with Section 6240) of Division 10 of the Family Code.
(E) A history of a violation by the subject of the petition of a protective order issued pursuant to Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code.
(F) Documentary evidence, including, but not limited to, police reports and records of convictions, of either recent criminal offenses by the subject of the petition that involve controlled substances or alcohol or ongoing abuse of controlled substances or alcohol by the subject of the petition.
(G) Evidence of recent acquisition of firearms, ammunition, or other deadly weapons.
(H) Evidence of acquisition of body armor, as defined in Section 16288.
(3) For the purposes of this subdivision, “recent” means within the six months prior to the date the petition was filed.
(c) If the court determines that the grounds to issue an ex parte gun violence restraining order exist, it shall issue an ex parte gun violence restraining order that prohibits the subject of the petition from having in his or her their custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, receive a firearm or ammunition, and expires no later than 21 days from the date of the order.

SECTION 1.Section 31360 of the Penal Code is repealed.
SEC. 2.Section 31360 is added to the Penal Code, to read:
31360.

(a)A person is guilty of the unlawful purchase of body armor when, not being engaged or employed in an eligible profession, they knowingly purchase or take possession of body armor. This subdivision does not apply to individuals or entities engaged or employed in eligible professions.

(b)(1)No person, firm, or corporation shall sell or deliver body armor to any person or entity not engaged or employed in an eligible profession. Before selling or delivering body armor, a person, firm, or corporation shall check proof of engagement in an eligible profession.

(2)No sale or delivery of body armor shall be made unless the transferee meets in person with the transferor to accomplish the sale or delivery.

(3)For the purposes of paragraph (1), proof of engagement in an eligible profession may be satisfied by submission to the seller of a professional license issued by a federal, state, or local government, employment card or other credential issued by an employer, or in the absence of either of those, submission to the seller of a form approved by the Department of Justice that is notarized, verifying that the purchaser is engaged in an eligible profession.

(4)This subdivision does not apply to purchases made by federal, state, or local government agencies for the purpose of furnishing body armor to employees in eligible professions.

(c)For the purposes of this section, “eligible professions” means any of the following:

(1)Peace officers.

(2)Persons in military service in the state or military or other service for the United States.

(3)Federal law enforcement officers.

(4)Armored car guards.

(5)Security guards.

(6)Firefighters.

(7)Emergency medical technicians and paramedics.

(8)Firearms dealers.

(9)Body armor retailers or salespersons.

(10)Private investigators.

(11)Building safety inspectors.

(12)Code enforcement officers.

(13)Animal control officers.

(14)Humane officers.

(15)Violence intervention and prevention workers.

(16)Movie actors.

(17)Attorneys.

(18)Journalists.

(19)Any profession added by the Department of Justice pursuant to subdivision (d).

(d)(1)The Department of Justice may add additional professions pursuant to paragraph (19) of subdivision (c). The department shall add a profession to the list of eligible professions if the duties of the profession may expose an individual engaged in the profession to serious physical injury that may be prevented or mitigated by the wearing of body armor, or if the duties of the profession are necessary to facilitate the lawful purchase, sale, or use of body armor.

(2)An individual or entity engaged in a profession in the state that is not on the list of eligible professions may request that the Department of Justice add their profession to the list of eligible professions by filing a request with the Department of Justice in a form and method approved by the department.

(e)(1)Except as provided in paragraph (2), a violation of subdivision (a) or (b) shall be a misdemeanor, punishable by a fine not to exceed five thousand dollars ($5,000) for a first offense, and not to exceed ten thousand dollars ($10,000) for any subsequent offense.

(2)A violation of subdivision (a) by a person who has been convicted of a violent felony under the laws of the United States, the State of California, or any other state, government, or country shall be punishable by imprisonment in state prison for 16 months, or two or three years.

(f)For the purposes of this section, “body armor” has the same meaning as in Section 16288.

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.