Crimes: firearm enhancements.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Public Safety
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill modifies California law regarding firearm enhancements applied to crimes. Specifically, it clarifies that firearm enhancements generally do not apply to peace officers unless the firearm use was not related to their job duties. The bill shifts the burden of proof to the prosecution to demonstrate that a firearm enhancement applies to a peace officer’s actions. Additionally, the bill clarifies that threats can be communicated via electronic devices for the purpose of this law.
Key provisions
- Prohibits firearm enhancements for peace officers unless the firearm use was not ‘arising out of and in the course of employment.’
- Places the burden of proof on the prosecution to demonstrate firearm enhancements apply to peace officers.
- Defines ‘arise out of and in the course of employment’ for determining the applicability of enhancements.
- Clarifies that threats can be communicated via electronic devices.
- Addresses penalties for specific felonies, including murder, kidnapping, robbery, rape, and assault with a firearm.
- Modifies sentencing guidelines for certain firearm-related offenses.
- Specifies conditions under which enhancements may be imposed.
- Addresses the disposal of firearms used in crimes involving enhancements.
Who is affected
- Law enforcement officers (specifically peace officers)
- Prosecutors
- Criminal defendants
Bill text
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Sponsors
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1 on record
Primary sponsor
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