BILL NUMBER: AB 1981	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Feuer

                        FEBRUARY 23, 2012

   An act to amend  Section 1201 of the Health and Safety
Code    Section 21810 of the Penal Code  , relating
to  health facilities   metal knuckles  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1981, as amended, Feuer.  Health facilities: clinics.
  Crimes: metal knuckles: punishment.  
   Existing law provides, with exceptions, that any person in the
state who manufactures or causes to be manufactured, imports, keeps
for sale, or offers or exposes for sale, or who gives, lends, or
possess any metal knuckles is punishable by imprisonment in a county
jail not exceeding one year, or in the state prison for 16 months, or
2 or 3 years.  
   This bill would instead make this crime a felony, punishable in a
county jail for 16 months, or 2 or 3 years.  
   By changing the punishment of a crime, and increasing the duties
of local prosecutors 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.  
   Existing law, with certain exceptions, provides for the licensure
and regulation of health facilities and clinics, including primary
care and specialty clinics, by the State Department of Public Health.
Existing law requires primary care and specialty clinics to meet
certain criteria in order to be eligible for licensure. 

   This bill would make a technical, nonsubstantive change to those
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 21810 of the   Penal
Code   is amended to read: 
   21810.  Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who
manufactures or causes to be manufactured, imports into the state,
keeps for sale, or offers or exposes for sale, or who gives, lends,
or possesses any metal knuckles is  guilty of a felony, 
punishable by imprisonment  in a county jail not exceeding
one year or in the state prison   pursuant to
subdivision (h) of Section 1170  .
   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.  
  SECTION 1.    Section 1201 of the Health and
Safety Code is amended to read:
   1201.  "License" means a basic permit to operate a clinic. A
license may only be issued to a clinic of a type enumerated in
Section 1204 or 1204.1, and the license shall not be transferable.
However, the issuance of a license upon a change of ownership shall
not of itself constitute a project within the meaning of Section
127170.