BILL NUMBER: AB 2333	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN SENATE  JUNE 18, 2012
	AMENDED IN ASSEMBLY  APRIL 26, 2012
	AMENDED IN ASSEMBLY  APRIL 18, 2012

INTRODUCED BY   Assembly Member Solorio

                        FEBRUARY 24, 2012

   An act to add Section 19920 to the Penal Code, relating to BB
devices.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2333, as amended, Solorio. BB devices.
   Existing law provides that furnishing a BB device to a minor
without the express or implied consent of the minor's parent or legal
guardian is a misdemeanor.
   This bill would provide that any person who keeps a BB device
within any premises that is under the person's custody or control,
who knows or reasonably should know that a minor is likely to gain
access to that BB device without the permission of the minor's parent
or legal guardian, and a minor obtains access to that BB device and
thereafter carries the BB device off-premises and openly displays or
exposes the BB device in a public place in violation of provisions of
existing law,  is   may be  subject to a
written warning  or a requirement to complete a course of
instruction applicable to BB devices, or both,  for the
first instance, a civil fine of $100  or a requirement to
complete a course applicable to BB devices, or both,  for
the 2nd instance, and a civil fine of $200  or a requirement
to perform community service, or both,  for the 3rd or
subsequent instance.  The bill would provide that a written
warning or civil fine issued or imposed pursuant to these provisions
may only be imposed and administered by a local governmental entity
acting under the authority of a city, county, or city and county.
 
   Because a violation of a court order issued pursuant to the above
provisions would be punishable as contempt, a misdemeanor, this bill
would create a new crime and would thereby 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
  no  . State-mandated local program:  yes
  no  .


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

  SECTION 1.  Section 19920 is added to the Penal Code, to read:
   19920.  (a) Any person who keeps a BB device within any premises
that are under the person's custody or control, who knows or
reasonably should know that a minor is likely to gain access to that
BB device without the permission of the minor's parent or legal
guardian, and a minor obtains access to that BB device and thereafter
carries the BB device off-premises and openly displays or exposes
the BB device in a public place in violation of Section 20170,
 is   may be  subject to the following 
by a   local governmental entity  :
   (1) For the first instance, a  local governmental entity may
issue a  written warning  or a requirement to
successfully complete a course of instruction applicable to BB
devices that includes the principles of safe handling and storage, or
both the written warning and successfully completing the course of
instruction  .
   (2) For the second instance,  a local governmental entity may
impose  a civil fine not to exceed one hundred dollars ($100)
 or a requirement to successfully complete an advanced course
of instruction applicable to BB devices that includes the principles
of safe handling and storage, or both the fine and successfully
completing the course of instruction  .
   (3) For a third or subsequent instance,  a local governmental
entity may impose  a civil fine not to exceed two hundred
dollars ($200)  or a requirement to perform community
service, or both that fine and community service  . 
   (b) A written warning or civil fine issued or imposed pursuant to
this section may only be imposed and administered by a local
governmental entity acting under the authority of, and at the
discretion of, a city, county, or city and county. 
   (c) If a local governmental entity chooses to impose a fine
pursuant to this section, it shall provide notice to the person to be
fined of the alleged violation, including a description of the
conditions that gave rise to the allegation.  
   (b) 
    (d)  As used in this section, "off-premises" means
premises other than the premises where the BB device was stored.

  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.