BILL NUMBER: SB 322	CHAPTERED  10/01/01

	CHAPTER  375
	FILED WITH SECRETARY OF STATE  OCTOBER 1, 2001
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2001
	PASSED THE SENATE  SEPTEMBER 4, 2001
	PASSED THE ASSEMBLY  AUGUST 30, 2001
	AMENDED IN ASSEMBLY  JULY 12, 2001
	AMENDED IN SENATE  MARCH 29, 2001

INTRODUCED BY   Senator Ortiz

                        FEBRUARY 20, 2001

   An act to add Section 308.1 to the Penal Code, relating to
tobacco.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 322, Ortiz.  Tobacco.
   Existing law regulates the distribution and sales of various types
of tobacco products in the state, and specifies civil and criminal
sanctions for violations of that regulatory scheme.
   This bill would prohibit any person from selling, offering for
sale, distributing, or importing a tobacco product referred to as
bidis or beedies unless the product is sold, offered for sale, or
intended to be sold in a business that excludes minors from its
premises.  This bill would make a violation of this prohibition a
misdemeanor or would make that person subject to civil action.
   By revising the definition of existing crimes, 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.


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


  SECTION 1.  Section 308.1 is added to the Penal Code, to read:
   308.1.  (a) Notwithstanding any other provision of law, no person
shall sell, offer for sale, distribute, or import any tobacco product
commonly referred to as "bidis" or "beedies," unless that tobacco
product is sold, offered for sale, or intended to be sold in a
business establishment that prohibits the presence of persons under
18 years of age on its premises.
   (b) For purposes of this section, "bidis" or "beedies" means a
product containing tobacco that is wrapped in temburni leaf
(diospyros melanoxylon) or tendu leaf (diospyros exculpra).
   (c) Any person who violates this section is guilty of a
misdemeanor or subject to a civil action brought by the Attorney
General, a city attorney, county counsel, or district attorney for an
injunction and a civil penalty of up to two thousand dollars
($2,000) per violation.  This subdivision does not affect any other
remedies available for a violation of this section.
  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.