Amended  IN  Assembly  March 24, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 1263

Introduced by Assembly Member Gipson

February 21, 2025

An act to amend Section 830 of the Penal Code, relating to criminal procedure. An act to amend Sections 3273.50, 3273.51, 3273.60, and 3273.61 of, and to add Section 3273.625 to, the Civil Code, and to amend Section 29805 of, and to add Section 29186 to, the Penal Code, relating to firearms.


LEGISLATIVE COUNSEL'S DIGEST


AB 1263, as amended, Gipson. Peace officers. Firearms: ghost guns.
Existing law makes it a crime for a person to manufacture or cause to be manufactured specified firearms. Existing law prohibits a person, other than a state-licensed firearms manufacturer, from using a computer numerical control (CNC) milling machine or three-dimensional printer to manufacture a firearm.
This bill would prohibit a person from knowingly or willfully causing another person to engage in the unlawful manufacture of firearms or knowingly or willfully aiding, abetting, prompting, or facilitating the unlawful manufacture of firearms, including the manufacture of assault weapons or .50 BMG rifles or the manufacture of any firearm using a three-dimensional printer or CNC milling machine, as specified. The bill would make a violation of these provisions a misdemeanor.
By creating a new crime, this bill would create a state-mandated local program.
Existing law authorizes a civil action against a person who knowingly distributes or causes to be distributed any digital firearm manufacturing code to any person, except as specified. For these purposes, existing law defines “digital firearm manufacturing code” to mean any digital instructions in the form of computer-aided design files or other code or instructions that may be used to program a CNC milling machine, a three-dimensional printer, or a similar machine to manufacture or produce a firearm, including a completed frame or receiver or a firearm precursor part. Existing law authorizes the Attorney General, county counsel, or city attorney to bring an action against this person and seek a civil penalty, as specified, for each violation, as well as injunctive relief.
This bill would include computer-aided manufacturing files as a digital instruction and include the manufacture or production of a machinegun and specified firearm components, including large-capacity magazines, as part of the definition of digital firearm manufacturing code. The bill would also authorize a person who has suffered harm in California as a result of a violation of these provisions to seek compensatory damages and injunctive relief. The bill would create a rebuttable presumption that a person violated the provision of unlawfully distributing or causing to be distributed any digital firearm manufacturing code if the person owns or participates in the management of an internet website that makes digital firearm manufacturing code available for purchase, download, or other distribution to individuals, and the internet website, under the totality of the circumstances, encourages individuals to upload, disseminate, or use digital firearm manufacturing code to manufacture firearms, as specified.
Existing law establishes a firearm industry standard of conduct, which requires a firearm industry member, as defined, to establish, implement, and enforce reasonable controls, as defined, and to take reasonable precautions to ensure that the member does not sell, distribute, or provide a firearm-related product, as defined, to a downstream distributor or retailer of firearm-related products who fails to establish, implement, and enforce reasonable controls. For these purposes, existing law defines firearm accessory and firearm manufacturing machine.
This bill would require, prior to completing the sale or delivery in California or to a California resident of a firearm barrel that is unattached to a firearm, firearm accessory, or a firearm manufacturing machine, a firearm industry member to comply with specified requirements, including providing a prospective purchaser with clear and conspicuous notice that specified conduct is generally a crime in California, including manufacturing firearms to be sold or transferred to an individual without a license to manufacture firearms.
Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess, or have under their custody or control any firearm and makes a violation of that prohibition a crime.
This bill would also prohibit any person convicted of specified misdemeanor violations, including manufacturing an undetectable firearm or knowingly or willfully causing another person to engage in the unlawful manufacture of firearms, on or after January 1, 2026, from owning, purchasing, or receiving any firearm within 10 years of the conviction, and makes a violation of that prohibition a public offense punishable by imprisonment in a county jail, a fine, or by both the fine and imprisonment. Because this bill would expand the application of a crime to a larger class of potential offenders, this bill would impose a state-mandated local program.
This bill would make these provisions severable.
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.

Existing law provides that any person who comes within the provisions of specified statutes and who otherwise meets all standards imposed by law on a peace officer is a peace officer.

This bill would make technical, nonsubstantive changes to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 3273.50 of the Civil Code is amended to read:

3273.50.
 As used in this title, the following definitions apply:
(a) “Ammunition” has the same meaning as provided in subdivision (b) of Section 16150 of the Penal Code.
(b) “Firearm” has the same meaning as provided in subdivisions (a) and (b) of Section 16520 of the Penal Code.
(c) “Firearm accessory” means an attachment or device designed or adapted to be inserted into, affixed onto, or used in conjunction with a firearm that is designed, intended, or functions to alter or enhance the firing capabilities of a firearm, the lethality of the firearm, or a shooter’s ability to hold and use a firearm. increase a firearm’s rate of fire or to increase the speed at which a person may reload a firearm or replace the magazine, or any other attachment or device described in subdivision (a) of Section 30515 of the Penal Code that may render a firearm an assault weapon when inserted into, affixed onto, or used in conjunction with a firearm. The term firearm accessory also includes any other device, tool, kit, part, or parts set that is clearly designed and intended for use in manufacturing firearms.
(d) “Firearm-related product” means a firearm, ammunition, a firearm precursor part, a firearm component, firearm manufacturing machine, and a firearm accessory that meets any of the following conditions:
(1) The item is sold, made, or distributed in California.
(2) The item is intended to be sold or distributed in California.
(3) The item is or was possessed in California and it was reasonably foreseeable that the item would be possessed in California.
(e) “Firearm precursor part” has the same meaning as provided in Section 16531 of the Penal Code.
(f) “Firearm industry member” shall mean a person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the manufacture, distribution, importation, marketing, wholesale sale, or retail sale of firearm-related products.
(g) “Firearm manufacturing machine” means a three-dimensional printer, as defined in Section 29185 of the Penal Code, or CNC milling machine that, as described in that section, a computer numerical control (CNC) milling machine, or a similar machine, that is marketed or sold as, or as or is reasonably designed or intended to be used to manufacture or produce a firearm. firearms, firearm components, or firearm accessories.
(h) “Reasonable controls” means reasonable procedures, acts, or practices that are designed, implemented, and enforced to do the following:
(1) Prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under state or federal law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or another or of possessing or using a firearm-related product unlawfully.
(2) Prevent the loss or theft of a firearm-related product from the firearm industry member.
(3) Ensure that the firearm industry member complies with all provisions of California and federal law and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product.

SEC. 2.

 Section 3273.51 of the Civil Code is amended to read:

3273.51.
 (a) A firearm industry member shall comply with the firearm industry standard of conduct. It shall be a violation of the firearm industry standard of conduct for a firearm industry member to fail to comply with any requirement of this section.
(b) A firearm industry member shall do both of the following:
(1) Establish, implement, and enforce reasonable controls.
(2) Take reasonable precautions to ensure that the firearm industry member does not sell, distribute, or provide a firearm-related product to a downstream distributor or retailer of firearm-related products who fails to establish, implement, and enforce reasonable controls.
(c) A firearm industry member shall not manufacture, market, import, offer for wholesale sale, or offer for retail sale a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety in California. For the purposes of this subdivision, the following shall apply:
(1) A firearm-related product shall not be considered abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety based on a firearm’s inherent capacity to cause injury or lethal harm.
(2) There shall be a presumption that a firearm-related product is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety if any of the following is true:
(A) The firearm-related product’s features render the product most suitable for assaultive purposes instead of lawful self-defense, hunting, or other legitimate sport and recreational activities.
(B) The firearm-related product is designed, sold, or marketed in a manner that foreseeably promotes conversion of legal firearm-related products into illegal firearm-related products.
(C) The firearm-related product is designed, sold, or marketed in a manner that is targeted at minors or other individuals who are legally prohibited from accessing firearms.
(d) A firearm industry member shall not engage in any conduct related to the sale or marketing of firearm-related products that is in violation of the following sections:
(1) Paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (9) of subdivision (a) of Section 1770.
(2) Section 17200 of the Business and Professions Code.
(3) Section 17500 of the Business and Professions Code.
(4) Section 17508 of the Business and Professions Code.
(e) (1) Prior to completing the sale or delivery in California or to a California resident of a firearm accessory or a firearm manufacturing machine, as those terms are defined in Section 3273.50, or of a firearm barrel unattached to a firearm, a firearm industry member shall comply with all of the following requirements:
(A) The firearm industry member shall provide a prospective purchaser with a clear and conspicuous notice of the information provided in paragraph (2).
(B) The firearm industry member shall receive an acknowledgment from the prospective purchaser attesting that the prospective purchaser received and understands the notice provided in paragraph (2).
(C) The firearm industry member shall require the prospective purchaser to provide proof of age and identity verifying that the prospective purchaser is at least 18 years of age.
(2) The notice described in paragraph (1) shall clearly notify the prospective purchaser that it is generally a crime in California to engage in any of the following conduct without a valid license to manufacture firearms:
(A) Manufacturing more than three firearms per calendar year in California.
(B) Manufacturing a firearm using a three-dimensional printer or CNC milling machine.
(C) Manufacturing a firearm for the purpose of selling or transferring ownership of that firearm to another individual who is not licensed to manufacture firearms.
(D) Manufacturing a firearm for the purpose of selling, loaning, or transferring that firearm, with the intent to complete the sale, loan, or transfer without a required background check initiated by a licensed firearms dealer.
(E) Allowing, facilitating, aiding, or abetting the manufacture of a firearm by a person who is legally prohibited from possessing firearms.
(F) Manufacturing, or causing the manufacture of, assault weapons, machineguns, undetectable firearms, unserialized firearms, unsafe handguns that are not on the Department of Justice roster of handguns certified for sale in California, or other generally prohibited weapons.
(3) For shipment and delivery of a firearm barrel, firearm accessory, or firearm manufacturing machine, the firearm industry member shall do all of the following:
(A) Ensure all packages are conspicuously labeled with the words: “Signature and proof of identification of person aged 18 years or older required for delivery.”
(B) Ensure the shipping instructions list an address that matches the purchaser’s identification.
(C) Require the purchaser, upon delivery, to present a courier with proof of identification and the purchaser’s signature in order to receive the item.
(4) This subdivision does not apply to the sale or delivery of a firearm barrel, firearm accessory, or firearm manufacturing machine to any of the following:
(A) A federally licensed firearms dealer, manufacturer, or importer.
(B) A licensed ammunition vendor.
(C) A member of the Armed Forces of the United States or the National Guard, while on duty and acting within the scope and course of employment, or any law enforcement agency or law enforcement officer while on duty and acting within the scope and course of employment.
(D) A forensic laboratory.
(E) A wholesaler.
(5) This subdivision does not apply to the delivery of a firearm barrel, firearm accessory, or firearm manufacturing machine to a licensed common carrier or an authorized agent or employee of a licensed common carrier, when acting in the course and scope of duties incident to the delivery of or receipt of these items.

SEC. 3.

 Section 3273.60 of the Civil Code is amended to read:

3273.60.
 As used in this title, the following definitions apply:
(a) “Digital firearm manufacturing code” means any digital instructions in the form of computer-aided design files files, computer-aided manufacturing files, or other code or instructions stored and displayed in electronic format as a digital model that may be used to program a CNC milling machine, a three-dimensional printer, or a similar machine, to manufacture or produce a any of the following:
(1) A firearm, including a completed frame or receiver or a firearm precursor part.
(2) A large-capacity magazine, as defined in Section 16740 of the Penal Code.
(3) A large-capacity magazine conversion kit, as defined in Section 32311 of the Penal Code.
(4) A machinegun, as defined in Section 16880 of the Penal Code, including devices commonly known as switches or auto-sear devices.
(5) A multiburst trigger activator, as defined in Section 16930 of the Penal Code.
(6) A silencer, as defined in Section 17210 of the Penal Code.
(7) A firearm accessory, as defined in Section 3273.50.
(8) A firearm barrel.
(b) “Federally licensed firearms manufacturer” means a person, firm, corporation, or other entity that holds a valid license to manufacture firearms issued pursuant to Chapter 44 (commencing with Section 921) of Part I of Title 18 of the United States Code and regulations issued pursuant thereto.
(c) “Firearm” has the same meaning as in subdivisions (a) and (b) of Section 16520 of the Penal Code.
(d)  “Three-dimensional printer” means a computer-aided manufacturing device capable of producing a three-dimensional object from a three-dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object.

SEC. 4.

 Section 3273.61 of the Civil Code is amended to read:

3273.61.
 (a) A civil action may be brought against a person who knowingly does either of the following:
(1) Distributes or causes to be distributed, by any means including the internet, any digital firearm manufacturing code to any other person in this state who is not a federally licensed firearms manufacturer, member of the Armed Forces of the United States or the National Guard, while on duty and acting within the scope and course of employment, or any law enforcement agency or forensic laboratory.
(2) Commits an act that violates Section 29185 of the Penal Code, regardless of whether the act results in a conviction.
(b) (1) A In awarding compensatory damages under subdivision (c), a court shall hold a person who commits an act described in subdivision (a) shall be strictly liable for any personal injury or property damage inflicted by the use of a firearm that is or other device that was unlawfully manufactured or produced as a result of the person’s violation, including a firearm or device manufactured or produced in whole or in part using the digital firearm manufacturing code that they the person distributed or caused to be distributed, or that is distributed in violation of paragraph (1) of subdivision (a), or a firearm or device that was unlawfully manufactured by means of a computer numerical control (CNC) milling machine, a three-dimensional printer, or a similar machine. machine as a result of the person’s act in violation of paragraph (2) of subdivision (a).
(2) This subdivision does not apply to any injury or property damage sustained by a person who commits an unlawful act described in subdivision (a).
(c) (1) A person who has suffered harm in California as a result of a violation of this section may bring an action in a court of competent jurisdiction to establish that a person has violated this section, and may seek compensatory damages as well as injunctive relief sufficient to prevent the person and any other defendant from further violating the law.

(c)

(2) The Attorney General, county counsel, or city attorney may bring an action in any court of competent jurisdiction to establish that a person has violated this section and may seek a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, as well as injunctive relief sufficient to prevent the person and any other defendant from further violating the law.
(d) A prevailing plaintiff shall be entitled to recover reasonable attorney’s fees and costs.
(e) The remedies provided by this section are cumulative and shall not be construed as restricting any other rights, causes of action, claims, or defenses available under any other law.
(f) There shall be a rebuttable presumption that a person has violated paragraph (1) of subdivision (a) of this section if both of the following are true:
(1) The person owns or participates in the management of an internet website or other electronic portal, database, or platform that makes digital firearm manufacturing code available for purchase, download, or other distribution to individuals in California who are not federally licensed firearms manufacturers and who are not otherwise described in paragraph (1) of subdivision (a).
(2) Under the totality of the circumstances, the internet website or other electronic portal, database, or platform encourages individuals who access or use the internet website or electronic portal, database, or platform to upload or disseminate digital firearm manufacturing code or to use digital firearm manufacturing code to manufacture firearms, firearm accessories, or other devices described in subdivision (a) of Section 3273.60.

SEC. 5.

 Section 3273.625 is added to the Civil Code, to read:

3273.625.
 (a) It is unlawful to knowingly, willfully, or recklessly cause another person to engage in the unlawful manufacture of firearms, or to knowingly, willfully, or recklessly aid, abet, promote, or facilitate the unlawful manufacture of firearms.
(b) As used in this section, the “unlawful manufacture of firearms” shall have the same meaning provided in subdivision (b) of Section 29186 of the Penal Code.
(c) (1) A person who has suffered harm in California as a result of a violation of this section may bring an action in a court of competent jurisdiction to establish that a person has violated this section, and may seek compensatory damages as well as injunctive relief sufficient to prevent the person and any other defendant from further violating the law.
(2) The Attorney General, county counsel, or city attorney may bring an action in a court of competent jurisdiction to establish that a person has violated this section, and may seek a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, as well as injunctive relief sufficient to prevent the person and any other defendant from further violating the law.
(d) A prevailing plaintiff shall be entitled to recover reasonable attorney’s fees and costs.
(e) The remedies provided by this section are cumulative and shall not be construed as restricting any other rights, causes of action, claims, or defenses available under any other law.

SEC. 6.

 Section 29186 is added to the Penal Code, to read:

29186.
 (a) It is unlawful to knowingly or willfully cause another person to engage in the unlawful manufacture of firearms, or to knowingly or willfully aid, abet, promote, or facilitate the unlawful manufacture of firearms.
(b) For the purposes of this section, the “unlawful manufacture of firearms” includes any of the following:
(1) The manufacture of a firearm by a minor, or by a person who is prohibited from owning or possessing firearms under California law.
(2) The manufacture of four or more firearms within the state in the same calendar year by an individual who is not licensed to manufacture firearms pursuant to California law, in violation of Section 29010.
(3) The manufacture of any firearm using a three-dimensional printer or computer numerical control (CNC) milling machine by an individual who is not licensed to manufacture firearms pursuant to California law, in violation of Section 29185.
(4) The manufacture of a firearm by a person who is not a federally licensed firearms manufacturer, for the purpose of selling or transferring ownership of that firearm to another person who is not a federally licensed firearms manufacturer, in violation of subdivision (d) of Section 29180.
(5) The manufacture of a firearm for the purpose of selling, loaning, or transferring the firearm to another person, with the intent to complete the sale, loan, or transfer without a required background check on the transferee initiated by a licensed firearms dealer, in violation of Section 27520.
(6) The manufacture of any of the following:
(A) Assault weapons or .50 BMG rifles, in violation of Section 30600.
(B) Firearms that are not immediately recognizable as firearms, in violation of Section 24510.
(C) Firearms that are not imprinted with a valid state or federal serial number or mark of identification, in violation of subdivision (f) of Section 29180.
(D) Large-capacity magazines or large-capacity magazine conversion kits, in violation of Section 32310 or 32311.
(E) Machineguns, in violation of Section 32625.
(F) Multiburst trigger activators, in violation of Section 32900.
(G) Short-barreled rifles or short-barreled shotguns, in violation of Section 33215.
(H) Undetectable firearms, in violation of Section 24610.
(I) Unsafe handguns, in violation of Section 32000.
(J) Zip guns, in violation of Section 33600.
(K) Any other weapon defined as a “generally prohibited weapon” under Section 16590.
(c) A violation of this section is a misdemeanor.

SEC. 7.

 Section 29805 of the Penal Code is amended to read:

29805.
 (a) (1) Except as provided in Section 29855, subdivision (a) of Section 29800, or subdivision (b), 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, 422.6, 626.9, 646.9, 830.95, 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, Section 487 if the property taken was a firearm, 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, 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.
(2) Any person who has an outstanding warrant for any misdemeanor offense described in this subdivision, and who has knowledge of the outstanding warrant, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a public offense, 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) Any person who is convicted, on or after January 1, 2019, of a misdemeanor violation of Section 273.5, and who subsequently owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, 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.
(c) Any person who is convicted on or after January 1, 2020, of a misdemeanor violation of Section 25100, 25135, or 25200, 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, 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 fine and imprisonment.
(d) Any person who is convicted on or after January 1, 2023, of a misdemeanor violation of Section 273a, subdivision (b) or (c) of Section 368, or subdivision (e) or (f) of Section 29180, 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, 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 fine and imprisonment.
(e) Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who is convicted on or after January 1, 2024, of a misdemeanor violation of this section, 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, 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 fine and imprisonment.
(f) Any person who is convicted on or after January 1, 2024, of a misdemeanor violation of paragraph (5), (6), or (7) of subdivision (c) of Section 25400, paragraph (5), (6), or (7) of subdivision (c) of Section 25850, subdivision (a) of Section 26350, or subdivision (a) of Section 26400, 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, 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 fine and imprisonment.
(g) Any person who is convicted on or after January 1, 2025, of a misdemeanor violation of subdivision (a) of Section 597, 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, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(h) Any person, who is convicted on or after January 1, 2026, of a misdemeanor violation of Section 24610, 27530, 29185, 29186, 30605, 30610, 32900, 33215, or 33600, and who, within 10 years of the conviction, owns, purchases, receives, or has in their possession or under their custody or control any firearm, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(h)

(i) 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. 8.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 9.

 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.
SECTION 1.Section 830 of the Penal Code is amended to read:
830.

A person who comes within the provisions of this chapter and who otherwise meets all standards imposed by law on a peace officer is a peace officer, and notwithstanding any other law, a person other than those designated in this chapter is not a peace officer. The restriction of peace officer functions of a public officer or employee shall not affect their status for purposes of retirement.