BILL NUMBER: AB 1043	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 18, 2011

   An act to add Chapter 35 (commencing with Section 22949) to
Division 8 of the Business and Professions Code, relating to cellular
telephone equipment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1043, as introduced, Torres. Cellular telephones equipment:
matter depicting a minor engaging or simulating sexual conduct.
   Existing law regulates the conduct of various types of businesses
and also establishes the Department of Consumer Affairs, which is
under the control of a civil executive officer known as the Director
of Consumer Affairs. Existing law prohibits the knowing possession or
control of specified material depicting a person under 18 years of
age personally engaging in or simulating sexual conduct.
   This bill would, on and after July 1, 20l2, require a retailer who
sells cellular telephone equipment or contracts for cellular
telephone service to provide customers in specified transactions with
a brochure, in a form approved by the Director, describing the
prohibition against controlling or possessing an image of a minor
engaging in, or simulating, sexual conduct, and would make a
violation of this requirement an infraction. The bill would require
the Director to notify retailers of the requirement to provide
customers with this brochure.
   Because the bill would make the violation of its provisions by a
retailer a crime, it 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.  Chapter 35 (commencing with Section 22949) is added to
Division 8 of the Business and Professions Code, to read:
      CHAPTER 35.  CELLULAR TELEPHONE EQUIPMENT


   22949.  On and after July 1, 2012, a retailer shall not sell
cellular telephone equipment or a contract for cellular telephone
equipment service, or renew a contract for cellular telephone
service, unless the retailer provides the customer with a brochure,
in a form approved by the Director of Consumer Affairs, describing
the prohibition in Section 311.11 of the Penal Code against
possessing or controlling an image of a minor engaging in, or
simulating, sexual conduct.
   22949.1.  The Director of Consumer Affairs shall notify all
retailers in this state that engage in the type of business described
in Section 22949 of the requirements of that section.
   22949.2.  A violation of Section 22949 is an infraction,
punishable by a fine of two hundred fifty dollars ($250) for the
first violation and by a fine of five hundred dollars ($500) for each
subsequent violation.
   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.