BILL NUMBER: SB 331	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 18, 2001
	AMENDED IN ASSEMBLY  JUNE 27, 2001
	AMENDED IN SENATE  MAY 16, 2001
	AMENDED IN SENATE  MAY 2, 2001

INTRODUCED BY   Senator Morrow
   (Coauthors:  Senators Peace and Perata)

                        FEBRUARY 20, 2001

   An act to amend  , repeal, and add  Section 12403.7 of
the Penal Code, relating to weapons.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 331, as amended, Morrow.  Weapons:  tear gas.
   Existing law regulates the purchase, possession, and use of any
tear gas or tear gas weapon and prohibits, among other things, the
purchase, possession, or use of any tear gas or tear gas weapon that
expels the tear gas by any method other than an aerosol spray, as
specified.
   This bill would exempt from this prohibition a tear gas weapon
that meets specified conditions, including, among other things, that
the weapon does not use an explosive, as defined, uses a projectile
that is a frangible plastic container that allows for dry powder
dispersion under specified conditions, and is manufactured with
safety mechanisms to prevent unintended discharge by the operator and
by a minor under the age of 12 years.  The bill would require that
the tear gas weapon be used solely for self-defense purposes within
the person's place of residence, place of business, or on private
property owned or lawfully possessed by the person.  This bill would
make any person who uses a tear gas weapon that meets these specified
conditions except in self-defense guilty of a misdemeanor, except if
the violation is against a peace officer, as specified, the offense
would be punishable by  up to one year in a county jail and a
fine not to exceed $2,000   imprisonment in the state
prison for 16 months, or 2 or 3 years, or by a fine of $1,000, or by
both that fine and imprisonment  .   
   By creating a new crime, this bill would impose a state-mandated
local program.  
   This bill would specify that its provisions relating to tear gas
weapons that expel a projectile would remain in effect until January
1, 2007. 
  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 12403.7 of the Penal Code is amended to read:
   12403.7.  Notwithstanding any other law, any person may purchase,
possess, or use tear gas and tear gas weapons for the projection or
release of tear gas if the tear gas and tear gas weapons are used
solely for self-defense purposes, subject to the following
requirements:
   (a) No person convicted of a felony or any crime involving an
assault under the laws of the United States, the State of California,
or any other state, government, or country or convicted of misuse of
tear gas under subdivision (g) shall purchase, possess, or use tear
gas or tear gas weapons.
   (b) No person who is addicted to any narcotic drug shall purchase,
possess, or use tear gas or tear gas weapons.
   (c) No person shall sell or furnish any tear gas or tear gas
weapon to a minor.
   (d) No person who is a minor shall purchase, possess, or use tear
gas or tear gas weapons.
   (e) (1) No person shall purchase, possess, or use any tear gas
weapon that expels a projectile, except as provided in paragraph (2),
or that expels the tear gas by any method other than an aerosol
spray, or that contains more than 2.5 ounces net weight of aerosol
spray.
   (2) A person may purchase, possess, or use a tear gas weapon that
expels a projectile subject to all of the following specified
conditions:
   (A) The tear gas weapon is in a color other than black or silver.

   (B) The tear gas weapon does not use an explosive, as defined in
Section 12000 of the Health and Safety Code, to expel the projectile.

   (C) The tear gas weapon is designed and manufactured with an
effective range of no greater than 30 feet.
   (D) The projectile is a frangible plastic container that allows
for dry powder dispersion that contains no more than 0.5 ounces of
dry powder.
   (E) The projectile is not manufactured in a standard paintball
caliber size and does not have a diameter greater than 0.6 inches.
   (F) The tear gas weapon is manufactured with a safety mechanism
designed to prevent unintended discharge by the operator.
   (G) The tear gas weapon is manufactured with a child safety
mechanism designed to prevent discharge by a minor under the age of
12 while the child safety mechanism is engaged.
   (H) The tear gas weapon shall be used solely for self-defense
purposes within the person's place of residence, place of business,
or on private property owned or lawfully possessed by the person.
   (I) The tear gas weapon shall not be carried by a person concealed
upon his or her person in public or carried or concealed within any
vehicle under his or her direction or control, except that the tear
gas weapon may be carried in a separate container on a direct route
to or from the person's place of residence, place of business, or
private property that is owned or lawfully possessed by the person
for use as allowed by this paragraph.
   (J) Any person who uses a tear gas weapon that expels a
projectile, as specified in this paragraph, except in self-defense,
is guilty of a public offense punishable as a misdemeanor, except if
the use is against a peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, engaged in the
performance of his or her official duties and the person committing
the offense knows or reasonably should know that the victim is a
peace officer, the offense is punishable by  up to one year
in a county jail and a fine not to exceed two thousand dollars
($2,000).   imprisonment in the state prison for 16
months, or two or three years or by a fine of one thousand dollars
($1,000), or by both that fine and imprisonment. 
   (3) Every tear gas container and tear gas weapon that may be
lawfully purchased, possessed, and used pursuant to this section
shall have a label that states:  "WARNING:  The use of this substance
or device for any purpose other than self-defense is a crime under
the law.  The contents are dangerous--use with care."
   (4) After January 1, 1984, every tear gas container and tear gas
weapon that may be lawfully purchased, possessed, and used pursuant
to this section shall have a label that discloses the date on which
the useful life of the tear gas weapon expires.
   (5) Every tear gas container and tear gas weapon that may be
lawfully purchased pursuant to this section shall be accompanied at
the time of purchase by printed instructions for use.
   (f) Effective March 1, 1994, every tear gas container and tear gas
weapon that may be lawfully purchased, possessed, and used pursuant
to this section shall be accompanied by an insert including
directions for use, first aid information, safety and storage
information, and explanation of the legal ramifications of improper
use of the tear gas container or tear gas product.
   (g) Any person who uses tear gas or tear gas weapons except in
self-defense is guilty of a public offense and is punishable by
imprisonment in a state prison for 16 months, or two or three years
or in a county jail not to exceed one year or by a fine not to exceed
one thousand dollars ($1,000), or by both the fine and imprisonment,
except that, if the use is against a peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
engaged in the performance of his or her official duties and the
person committing the offense knows or reasonably should know that
the victim is a peace officer, the offense is punishable by
imprisonment in a state prison for 16 months or two or three years or
by a fine of one thousand dollars ($1,000), or by both the fine and
imprisonment.  
   (h) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date. 
  SEC. 2.   Section 12403.7 is added to the Penal Code, to read:

   12403.7.  Notwithstanding any other law, any person may purchase,
possess, or use tear gas and tear gas weapons for the projection or
release of tear gas if the tear gas and tear gas weapons are used
solely for self-defense purposes, subject to the following
requirements:
   (a) No person convicted of a felony or any crime involving an
assault under the laws of the United States, the State of California,
or any other state, government, or country or convicted of misuse of
tear gas under subdivision (g) shall purchase, possess, or use tear
gas or tear gas weapons.
   (b) No person who is addicted to any narcotic drug shall purchase,
possess, or use tear gas or tear gas weapons.
   (c) No person shall sell or furnish any tear gas or tear gas
weapon to a minor.
   (d) No person who is a minor shall purchase, possess, or use tear
gas or tear gas weapons.
   (e) (1) No person shall purchase, possess, or use any tear gas
weapon that expels a projectile, or that expels the tear gas by any
method other than an aerosol spray, or that contains more than 2.5
ounces net weight of aerosol spray.
   (2) Every tear gas container and tear gas weapon that may be
lawfully purchased, possessed, and used pursuant to this section
shall have a label that states:  "WARNING:  The use of this substance
or device for any purpose other than self-defense is a crime under
the law.  The contents are dangerous--use with care."
   (3) After January 1, 1984, every tear gas container and tear gas
weapon that may be lawfully purchased, possessed, and used pursuant
to this section shall have a label that discloses the date on which
the useful life of the tear gas weapon expires.
   (4) Every tear gas container and tear gas weapon that may be
lawfully purchased pursuant to this section shall be accompanied at
the time of purchase by printed instructions for use.
   (f) Effective March 1, 1994, every tear gas container and tear gas
weapon that may be lawfully purchased, possessed, and used pursuant
to this section shall be accompanied by an insert including
directions for use, first aid information, safety and storage
information, and explanation of the legal ramifications of improper
use of the tear gas container or tear gas product.
   (g) Any person who uses tear gas or tear gas weapons except in
self-defense is guilty of a public offense and is punishable by
imprisonment in a state prison for 16 months, or two or three years
or in a county jail not to exceed one year or by a fine not to exceed
one thousand dollars ($1,000), or by both the fine and imprisonment,
except that, if the use is against a peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
engaged in the performance of his or her official duties and the
person committing the offense knows or reasonably should know that
the victim is a peace officer, the offense is punishable by
imprisonment in a state prison for 16 months or two or three years or
by a fine of one thousand dollars ($1,000), or by both the fine and
imprisonment.
   (h) This section shall become operative January 1, 2007.
  SEC. 3.   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.