BILL NUMBER: AB 2359	CHAPTERED  09/27/02

	CHAPTER  996
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2002
	PASSED THE ASSEMBLY  AUGUST 28, 2002
	PASSED THE SENATE  AUGUST 27, 2002
	AMENDED IN SENATE  JUNE 26, 2002
	AMENDED IN ASSEMBLY  APRIL 4, 2002

INTRODUCED BY   Assembly Member La Suer

                        FEBRUARY 21, 2002

   An act to amend Section 12307 of the Penal Code, relating to
destructive devices.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2359, La Suer.   Criminal law:  destructive devices.
   Existing law prohibits the possession of specified destructive
devices and requires that any prohibited destructive device be
surrendered to the Department of Justice.  The department must
destroy the device so as to render it unusable and unrepairable as a
destructive device.
   This bill would allow any prohibited destructive device to be
surrendered to the sheriff or chief of police, in addition to the
department, if the sheriff or chief of police has elected to perform
services related to the removal of destructive devices.  The bill
would require the sheriff or chief of police to destroy the device so
as to render it unusable and unrepairable as a destructive device.


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


  SECTION 1.  Section 12307 of the Penal Code is amended to read:
   12307.  The possession of any destructive device in violation of
this chapter shall be deemed to be a public nuisance and the Attorney
General or district attorney of any city, county, or city and county
may bring an action before the superior court to enjoin the
possession of any destructive device.
   Any destructive device found to be in violation of this chapter
shall be surrendered to the Department of Justice, or to the sheriff
or chief of police, if the sheriff or chief of police has elected to
perform the services required by this section.  The department,
sheriff, or chief of police shall destroy the destructive device so
as to render it unusable and unrepairable as a destructive device,
except upon the filing of a certificate with the department by a
judge or district attorney stating that the preservation of the
destructive device is necessary to serve the ends of justice.