BILL NUMBER: SB 274	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Karnette

                        FEBRUARY 16, 2001

   An act to amend Section 653k of the Penal Code, relating to
switchblade knives.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 274, as introduced, Karnette.  Switchblade knives.
   Existing law provides that possession or transfer, as specified,
of a switchblade knife, as defined, is a misdemeanor.  Existing law
also provides that the definition of "switchblade knife" does not
include a knife that is designed to open with one hand utilizing
thumb pressure applied solely to the blade of the knife or a thumb
stud attached to the blade.
   This bill would recast those provisions so that the definition of
"switchblade knife" would not include a knife that opens with one
hand utilizing thumb pressure applied solely to the blade of the
knife or a thumb stud attached to the blade, provided that the knife
has a detent or other mechanism that provides resistance that must be
overcome in opening the blade, or that biases the blade back toward
its closed position.
   By changing the definition of an existing crime, 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.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 653k of the Penal Code is amended to read:
   653k.  Every person who possesses in the passenger's or driver's
area of any motor vehicle in any public place or place open to the
public, carries upon his or her person, and every person who sells,
offers for sale, exposes for sale, loans, transfers, or gives to any
other person a switchblade knife having a blade two or more inches in
length is guilty of a misdemeanor.
   For the purposes of this section, "switchblade knife" means a
knife having the appearance of a pocketknife and includes a
spring-blade knife, snap-blade knife, gravity knife or any other
similar type knife, the blade or blades of which are two or more
inches  long   in length  and which can be
released automatically by a flick of a button, pressure on the
handle, flip of the wrist or other mechanical device, or is released
by the weight of the blade or by any type of mechanism whatsoever.
"Switchblade knife" does not include a knife that  is
designed to open   opens  with one hand utilizing
thumb pressure applied solely to the blade of the knife or a thumb
stud attached to the blade  , provided that the knife has a
detent or other mechanism that provides resistance that must be
overcome in opening the blade, or that biases the blade back toward
its closed position  .
   For purposes of this section, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein.

  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.