BILL NUMBER: AB 2676	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 21, 2012
	PASSED THE ASSEMBLY  AUGUST 30, 2012
	AMENDED IN SENATE  JUNE 26, 2012

INTRODUCED BY   Assembly Member Charles Calderon

                        MARCH 5, 2012

   An act to add Section 388 to the Penal Code, relating to
agricultural employee safety.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2676, Charles Calderon.  Agricultural employee safety.
   Existing law permits the Occupational Safety and Health Standards
Board within the Department of Industrial Relations to adopt
occupational health and safety standards to protect the welfare of
employees, and existing regulations provide for the prevention of
heat-related illness of employees, as prescribed. Under existing law,
it is a misdemeanor for an employer to violate a safety standard if
the violation has a substantial probability of resulting in death or
serious physical harm.
   This bill would make it a crime for any person who directs an
agricultural employee to perform, or supervises an agricultural
employee in the performance of, outdoor work without providing the
employee with shade and potable water, punishable by imprisonment not
exceeding 6 months in a county jail, by a fine not exceeding
$10,000, or by both the imprisonment and fine, or if that violation
results in injury to an agricultural employee, by imprisonment not
exceeding one year in a county jail, by a fine not exceeding $25,000,
or by both that fine and imprisonment. By creating a new crime, the
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 388 is added to the Penal Code, to read:
   388.  (a) This section shall be known as the Humane Treatment of
Farm Workers Act.
   (b) Any person who directs an agricultural employee to perform, or
supervises an agricultural employee in the performance of, outdoor
work without providing the employee with both continuous, ready
access to an area of shade sufficient to allow the body to cool, and
potable water that is suitably cool and available in quantities
sufficient to allow the employee to drink one quart of water per hour
throughout the employee's work shift is guilty of a misdemeanor.
   (c) A violation of this section is punishable by imprisonment in a
county jail not exceeding six months, or by a fine not exceeding
$10,000, or by both that imprisonment and fine. If the violation
results in injury to an agricultural employee, then the offense shall
be punishable by imprisonment in a county jail not exceeding one
year, by a fine not exceeding $25,000, or by both that fine and
imprisonment.
   (d) Nothing in this section shall preclude prosecution under any
other law.
  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.