California 2015-2016 Regular Session Status: To Executive

SB 894 — Firearms: lost or stolen: reports.

Last action — In Senate. Consideration of Governor's veto pending.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law requires each sheriff or police chief executive to submit descriptions of serialized property, or nonserialized property that has been uniquely inscribed, which has been reported stolen, lost, or found directly into the appropriate Department of Justice automated property system for firearms, stolen bicycles, stolen vehicles, or other property. Existing law requires that information about a firearm entered into the automated system for firearms remain in the system until the reported firearm has been found. Existing law requires the Department of Justice to implement an electronic system to receive comprehensive tracing information from each local law enforcement agency and to forward the information to the National Tracing Center. This bill would require every person, with exceptions, to report the theft or loss of a firearm he or she owns or possesses to a local law enforcement agency in the jurisdiction in which the theft or loss occurred within 5 days of the time he or she knew or reasonably should have known that the firearm had been stolen or lost, and requires every person who has reported a firearm lost or stolen to notify the local law enforcement agency within 48 hours if the firearm is subsequently recovered. The bill would make a violation of these provisions an infraction punishable by a fine not to exceed $100 for a first offense, an infraction punishable by a fine not to exceed $1,000 for a 2nd offense, and a misdemeanor, punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not to exceed $1,000, or both that fine and imprisonment, for a 3rd or subsequent offense. The bill would not preclude or preempt a local ordinance that imposes additional penalties or requirements in regard to reporting the theft or loss of a firearm. By creating new crimes, this bill would impose a state-mandated local program. The bill would require every sheriff or police chief to submit a description of each firearm that has been reported lost or stolen directly to the Department of Justice Automated Firearms System. By imposing new duties on local agencies, this bill would impose a state-mandated local program. The bill would also require that persons licensed to sell firearms post a warning within the licensed premises in block letters stating the requirement that a lost or stolen firearm be reported to a local law enforcement agency, as specified. (2) Existing law prohibits a person from making an application to purchase more than one handgun within any 30-day period. Existing law makes an exception for the replacement of a handgun when the person's handgun was lost or stolen and the person reported the firearm lost or stolen prior to the completion of the application to purchase. This bill would instead make the exception for the replacement of a lost or stolen handgun applicable when the person has reported the handgun lost or stolen pursuant to the provisions of this bill. (3) This bill would incorporate additional changes to Section 16520 of the Penal Code proposed by this bill, AB 857, and AB 1673, which would become operative if this bill and those bills are enacted, as specified, and this bill is enacted last. (4) This bill would also incorporate changes to Sections 26835 and 27535 of the Penal Code proposed by both this bill and AB 1674, which would become operative only if both bills are enacted and this bill is enacted last. (5) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. In Senate. Consideration of Governor's veto pending.

  2. Vetoed by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Assembly amendments concurred in. (Ayes 22. Noes 14. Page 4643.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 48. Noes 27. Page 5574.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Withdrawn from committee.

  9. Assembly Rule 96 suspended. (Ayes 50. Noes 27. Page 5473.)

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 14). Re-referred to Com. on APPR.

  12. Referred to Com. on PUB. S.

  13. In Assembly. Read first time. Held at Desk.

  14. Read third time. Passed. (Ayes 24. Noes 15. Page 3902.) Ordered to the Assembly.

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 5. Noes 2. Page 3888.) (May 16).

  17. (Ayes 2. Noes 4. Page 3888.) (May 16)

  18. Motion to place on APPR. suspense file failed.

  19. Set for hearing May 16.

  20. May 2 hearing postponed by committee.

  21. Set for hearing May 2.

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 3612.) (April 19). Re-referred to Com. on APPR.

  23. Set for hearing April 19.

  24. April 5 hearing postponed by committee.

  25. Set for hearing April 5.

  26. Referred to Com. on PUB. S.

  27. From printer. May be acted upon on or after February 21.

  28. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Jackson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 12 voted No

Sponsors (1)

  • Jackson

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 894 Jackson Senate Third Reading By BONTA

Passed 48 Yea · 27 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 432205
Democratic 5000
Republican 0500
Total 482705
% of votes cast 60%34%0%6%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Not Voting
Bloom — Yea
Brough — Nay
Brown — Yea
Jones-Sawyer — Yea
Low — Yea
Mathis — Nay
Mayes — Nay
Olsen — Not Voting
Thurmond — Yea
Waldron — Nay
Weber — Yea
Wood — Yea
Eggman — Yea
Chávez — Nay
Cooper — Not Voting
Campos — Yea
Gatto — Yea
Gomez — Yea
Bonilla — Yea
McCarty — Yea
Medina — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Burke — Yea
Atkins — Yea
Gordon — Yea
Harper — Nay
Salas — Nay
Holden — Yea
Gray — Nay
Lopez — Not Voting
Chang — Not Voting
Kim — Nay
Levine — Yea
Linder — Nay
Chau — Yea
Chiu — Yea
Maienschein — Nay
Baker — Yea
Bigelow — Nay
Chu — Yea
Cooley — Yea
Melendez — Nay
Obernolte — Nay
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Nay
Ting — Yea
Wagner — Nay
Wilk — Nay
Williams — Yea
Frazier — Nay
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Unfinished Business (Supplemental File 1) SB894 Jackson Concurrence

Passed 22 Yea · 14 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 201304
Democratic 2100
Total 221404
% of votes cast 55%35%0%10%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Hancock — Yea
Hertzberg — Yea
Hueso — Yea
Lara — Yea
Leyva — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Pavley — Yea
Wieckowski — Yea
Wolk — Not Voting
Fuller — Nay
Galgiani — Not Voting
Cannella — Nay
Allen — Yea
De León — Yea
Glazer — Yea
Hall — Yea
Beall — Yea
Block — Yea
Hernandez — Yea
Hill — Yea
Huff — Nay
Leno — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Pan — Yea
Roth — Nay
Vidak — Nay
Runner — Not Voting
Mitchell — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

3rd Reading

Passed 24 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 221401
Democratic 2100
Total 241501
% of votes cast 60%38%0%3%
How each member voted (40)
Member Party Vote
Beall — Yea
Block — Yea
Hernandez — Yea
Hill — Yea
Leyva — Yea
Monning — Yea
Nielsen — Nay
Wieckowski — Yea
Hertzberg — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Pan — Yea
Pavley — Yea
Wolk — Yea
Cannella — Nay
Runner — Not Voting
Galgiani — Nay
Hall — Yea
Hancock — Yea
Hueso — Yea
Huff — Nay
Anderson — Nay
Bates — Nay
Moorlach — Nay
Morrell — Nay
Roth — Nay
Vidak — Nay
Fuller — Nay
Glazer — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Placed on suspense file

Failed 2 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 2301
Democratic 0100
Total 2401
% of votes cast 29%57%0%14%
How each member voted (7)
Member Party Vote
Hill — Nay
Lara — Nay
Mendoza — Not Voting
Bates — Yea
Beall — Nay
Nielsen — Yea
McGuire, Mike Democratic Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Hill — Yea
Nielsen — Nay
Bates — Nay
Lara — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 894 do?
(1) Existing law requires each sheriff or police chief executive to submit descriptions of serialized property, or nonserialized property that has been uniquely inscribed, which has been reported stolen, lost, or found directly into the appropriate Department of Justice automated property system for firearms, stolen bicycles, stolen vehicles, or other property. Existing law requires that information about a firearm entered into the automated system for firearms remain in the system until the reported firearm has been found. Existing law requires the Department of Justice to implement an electronic system to receive comprehensive tracing information from each local law enforcement agency and to forward the information to the National Tracing Center. This bill would require every person, with exceptions, to report the theft or loss of a firearm he or she owns or possesses to a local law enforcement agency in the jurisdiction in which the theft or loss occurred within 5 days of the time he or she knew or reasonably should have known that the firearm had been stolen or lost, and requires every person who has reported a firearm lost or stolen to notify the local law enforcement agency within 48 hours if the firearm is subsequently recovered. The bill would make a violation of these provisions an infraction punishable by a fine not to exceed $100 for a first offense, an infraction punishable by a fine not to exceed $1,000 for a 2nd offense, and a misdemeanor, punishable by imprisonment in a county jail not exceeding 6 months, or by a fine not to exceed $1,000, or both that fine and imprisonment, for a 3rd or subsequent offense. The bill would not preclude or preempt a local ordinance that imposes additional penalties or requirements in regard to reporting the theft or loss of a firearm. By creating new crimes, this bill would impose a state-mandated local program. The bill would require every sheriff or police chief to submit a description of each firearm that has been reported lost or stolen directly to the Department of Justice Automated Firearms System. By imposing new duties on local agencies, this bill would impose a state-mandated local program. The bill would also require that persons licensed to sell firearms post a warning within the licensed premises in block letters stating the requirement that a lost or stolen firearm be reported to a local law enforcement agency, as specified. (2) Existing law prohibits a person from making an application to purchase more than one handgun within any 30-day period. Existing law makes an exception for the replacement of a handgun when the person's handgun was lost or stolen and the person reported the firearm lost or stolen prior to the completion of the application to purchase. This bill would instead make the exception for the replacement of a lost or stolen handgun applicable when the person has reported the handgun lost or stolen pursuant to the provisions of this bill. (3) This bill would incorporate additional changes to Section 16520 of the Penal Code proposed by this bill, AB 857, and AB 1673, which would become operative if this bill and those bills are enacted, as specified, and this bill is enacted last. (4) This bill would also incorporate changes to Sections 26835 and 27535 of the Penal Code proposed by both this bill and AB 1674, which would become operative only if both bills are enacted and this bill is enacted last. (5) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors SB 894?
SB 894 is sponsored by Jackson.
What is the current status of SB 894?
This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 894?
Track SB 894 free on One Click Politics — get push/email alerts when it moves.

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