BILL NUMBER: SB 532	CHAPTERED  08/28/06

	CHAPTER  180
	FILED WITH SECRETARY OF STATE  AUGUST 28, 2006
	APPROVED BY GOVERNOR  AUGUST 28, 2006
	PASSED THE ASSEMBLY  AUGUST 10, 2006
	PASSED THE SENATE  JANUARY 30, 2006
	AMENDED IN SENATE  MAY 17, 2005
	AMENDED IN SENATE  MARCH 31, 2005

INTRODUCED BY   Senator Torlakson

                        FEBRUARY 18, 2005

   An act to amend Section 246.3 of the Penal Code, relating to BB
devices.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 532, Torlakson  BB devices.
   Except as otherwise authorized by law, any person who willfully
discharges a firearm in a grossly negligent manner that could result
in injury or death to a person is guilty of a public offense
punishable by imprisonment in a county jail not exceeding one year,
or by imprisonment in the state prison.
   This bill would expand the scope of that offense to include a BB
device, as defined, and would make the offense involving a BB device
punishable by imprisonment in a county jail, not exceeding one year.

   By expanding the scope 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.


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


  SECTION 1.  Section 246.3 of the Penal Code is amended to read:
   246.3.  (a) Except as otherwise authorized by law, any person who
willfully discharges a firearm in a grossly negligent manner which
could result in injury or death to a person is guilty of a public
offense and shall be punished by imprisonment in a county jail not
exceeding one year, or by imprisonment in the state prison.
   (b) Except as otherwise authorized by law, any person who
willfully discharges a BB device in a grossly negligent manner which
could result in injury or death to a person is guilty of a public
offense and shall be punished by imprisonment in a county jail not
exceeding one year.
   (c) As used in this section, "BB device" means any instrument that
expels a projectile, such as a BB or a pellet, through the force of
air pressure, gas pressure, or spring action.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.