Amended in Senate April 20, 2015

Senate Bill No. 676

Introduced by Senator Cannella

February 27, 2015

An act to amend Sections 312.3, 502.01, and 647 of the Penal Code, relating to disorderly conduct.

LEGISLATIVE COUNSEL’S DIGEST

SB 676, as amended, Cannella. Disorderly conduct: invasion of privacy.

Existing law provides that a person who photographs or records by any means the image of the intimate body part or parts of another identifiable person, under circumstances where the parties agree or understand that the image shall remain private, and the person subsequently distributes the image taken, with the intent to cause serious emotional distress, and the depicted person suffers serious emotional distress, is guilty of disorderly conduct, a misdemeanor. begin delete Existing law also includes other offenses involving invasion of privacy, including, for example, a person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. end delete

This bill would begin delete provide that a person who intentionally distributes another person’s personal identifying information associated with an image of an intimate body part of that other person, as defined, without the consent of the other person, end delete begin insert recast those provisions to provide that a person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the person distributing the image knows or should know that the depicted person had a reasonable expectation that the image would remain private end insert begin insert , the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress, end insert is guilty of disorderly conduct. begin insert The bill would provide additional exceptions to the prohibition against that distribution. end insert

By expanding the definition of an existing crime, this bill would impose a state-mandated local program.

Under existing law, matter that depicts a person under 18 years of age personally engaging in or personally simulating sexual conduct, as defined, and that is in the possession of any city, county, city and county, or state official or agency is subject to forfeiture pursuant to a petition for forfeiture brought in the county in which the matter is located. Existing law provides for forfeiture by a defendant of illegal telecommunications equipment, or a computer, computer system, or computer network, and any software or data that was used in committing specified crimes, including depiction of a person under 18 years of age personally engaging in or personally simulating sexual conduct.

This bill would apply those provisions to the new provisions of disorderly conduct described above, and to the existing provisions of disorderly conduct related to invasion of privacy, as provided.

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.  

Section 312.3 of the Penal Code is amended to
read:

312.3.  

(a) Matter that depicts a person under the age of 18
years personally engaging in or personally simulating sexual
conduct as defined in Section 311.4, or that is obtained or
distributed in violation of subdivision (j) of Section 647 and that
is in the possession of any city, county, city and county, or state
official or agency is subject to forfeiture pursuant to this section.

(b) An action to forfeit matter described in subdivision (a) may
be brought by the Attorney General, the district attorney, county
counsel, or the city attorney. Proceedings shall be initiated by a
petition of forfeiture filed in the superior court of the county in
which the matter is located.

(c) The prosecuting agency shall make service of process of a
notice regarding that petition upon every individual who may have
a property interest in the alleged proceeds. The notice shall state
that any interested party may file a verified claim with the superior
court stating the amount of their claimed interest and an affirmation
or denial of the prosecuting agency’s allegation. If the notice cannot
be given by registered mail or personal delivery, the notice shall
be published for at least three successive weeks in a newspaper of
general circulation in the county where the property is located. All
notices shall set forth the time within which a claim of interest in
the property seized is required to be filed.

(d) (1) Any person claiming an interest in the property or
proceeds may, at any time within 30 days from the date of the first
publication of the notice of seizure, or within 30 days after receipt
of actual notice, file with the superior court of the county in which
the action is pending a verified claim stating his or her interest in
the property or proceeds. A verified copy of the claim shall be
given by the claimant to the Attorney General or district attorney,
county counsel, or city attorney, as appropriate.

(2) If, at the end of the time set forth in paragraph (1), an
interested person has not filed a claim, the court, upon motion,
shall declare that the person has defaulted upon his or her alleged
interest, and it shall be subject to forfeiture upon proof of
compliance with subdivision (c).

(e) The burden is on the petitioner to prove beyond a reasonable
doubt that matter is subject to forfeiture pursuant to this section.

(f) It is not necessary to seek or obtain a criminal conviction
prior to the entry of an order for the destruction of matter pursuant
to this section. Any matter described in subdivision (a) that is in
the possession of any city, county, city and county, or state official
or agency, including found property, or property obtained as the
result of a case in which no trial was had or that has been disposed
of by way of dismissal or otherwise than by way of conviction
may be ordered destroyed.

(g) A court order for destruction of matter described in
subdivision (a) may be carried out by a police or sheriff’s
department or by the Department of Justice. The court order shall
specify the agency responsible for the destruction.

(h) As used in this section, “matter” means any book, magazine,
newspaper, or other printed or written material or any picture,
drawing, photograph, motion picture, or other pictorial
representation, or any statue or other figure, or any recording,
transcription or mechanical, chemical or electrical reproduction,
or any other articles, equipment, machines, or materials. “Matter”
also means any representation of information, data, or image,
including, but not limited to, any film, filmstrip, photograph,
negative, slide, photocopy, videotape, video laser disc, computer
hardware, computer software, computer floppy disc, data storage
media, CD-ROM, or computer-generated equipment or any other
computer-generated image that contains or incorporates in any
manner any film or filmstrip.

(i) This section does not apply to a depiction of a legally
emancipated minor or to lawful conduct between spouses if one
or both are under the age of 18.

(j) It is a defense in any forfeiture proceeding that the matter
seized was lawfully possessed in aid of legitimate scientific or
educational purposes.

SEC. 2.  

Section 502.01 of the Penal Code is amended to read:

502.01.  

(a) As used in this section:

(1) “Property subject to forfeiture” means any property of the
defendant that is illegal telecommunications equipment as defined
in subdivision (g) of Section 502.8, or a computer, computer
system, or computer network, and any software or data residing
thereon, if the telecommunications device, computer, computer
system, or computer network was used in committing a violation
of, or conspiracy to commit a violation of, subdivision (b) of
Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5,
311.10, 311.11, 422, 470, 470a, 472, 475, 476, 480, 483.5, 484g,
or subdivision (a), (b), or (d) of Section 484e, subdivision (a) of
Section 484f, subdivision (b) or (c) of Section 484i, subdivision
(c) of Section 502, or Section 502.7, 502.8, 529, 529a, or 530.5,
537e, 593d, 593e, 646.9, or subdivision (j) of Section 647, or was
used as a repository for the storage of software or data obtained
in violation of those provisions. Forfeiture shall not be available
for any property used solely in the commission of an infraction.
If the defendant is a minor, it also includes property of the parent
or guardian of the defendant.

(2) “Sentencing court” means the court sentencing a person
found guilty of violating or conspiring to commit a violation of
subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2,
311.3, 311.4, 311.5, 311.10, 311.11, 422, 470, 470a, 472, 475,
476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section
484e, subdivision (d) of Section 484e, subdivision (a) of Section
484f, subdivision (b) or (c) of Section 484i, subdivision (c) of
Section 502, or Section 502.7, 502.8, 529, 529a, 530.5, 537e, 593d,
593e, 646.9, or subdivision (j) of Section 647, or, in the case of a
minor, found to be a person described in Section 602 of the Welfare
and Institutions Code because of a violation of those provisions,
the juvenile court.

(3) “Interest” means any property interest in the property subject
to forfeiture.

(4) “Security interest” means an interest that is a lien, mortgage,
security interest, or interest under a conditional sales contract.

(5) “Value” has the following meanings:

(A) When counterfeit items of computer software are
manufactured or possessed for sale, the “value” of those items
shall be equivalent to the retail price or fair market price of the
true items that are counterfeited.

(B) When counterfeited but unassembled components of
computer software packages are recovered, including, but not
limited to, counterfeited computer diskettes, instruction manuals,
or licensing envelopes, the “value” of those components of
computer software packages shall be equivalent to the retail price
or fair market price of the number of completed computer software
packages that could have been made from those components.

(b) The sentencing court shall, upon petition by the prosecuting
attorney, at any time following sentencing, or by agreement of all
parties, at the time of sentencing, conduct a hearing to determine
whether any property or property interest is subject to forfeiture
under this section. At the forfeiture hearing, the prosecuting
attorney shall have the burden of establishing, by a preponderance
of the evidence, that the property or property interests are subject
to forfeiture. The prosecuting attorney may retain seized property
that may be subject to forfeiture until the sentencing hearing.

(c) (1) Prior to the commencement of a forfeiture proceeding,
the law enforcement agency seizing the property subject to
forfeiture shall make an investigation as to any person other than
the defendant who may have an interest in it. At least 30 days
before the hearing to determine whether the property should be
forfeited, the prosecuting agency shall send notice of the hearing
to any person who may have an interest in the property that arose
before the seizure.

(2) A person claiming an interest in the property shall file a
motion for the redemption of that interest at least 10 days before
the hearing on forfeiture, and shall send a copy of the motion to
the prosecuting agency and to the probation department.

(3) If a motion to redeem an interest has been filed, the
sentencing court shall hold a hearing to identify all persons who
possess valid interests in the property. No person shall hold a valid
interest in the property if, by a preponderance of the evidence, the
prosecuting agency shows that the person knew or should have
known that the property was being used in violation of, or
conspiracy to commit a violation of, subdivision (b) of Section
272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10,
311.11, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision
(a), (b), or (d) of Section 484e, subdivision (a) of Section 484f,
subdivision (b) or (c) of Section 484i, subdivision (c) of Section
502, or Section 502.7, 502.8, 529, 529a, 530.5, 537e, 593d, 593e,
646.9, or subdivision (j) of Section 647, and that the person did
not take reasonable steps to prevent that use, or if the interest is a
security interest, the person knew or should have known at the
time that the security interest was created that the property would
be used for a violation.

(d) If the sentencing court finds that a person holds a valid
interest in the property, the following provisions shall apply:

(1) The court shall determine the value of the property.

(2) The court shall determine the value of each valid interest in
the property.

(3) If the value of the property is greater than the value of the
interest, the holder of the interest shall be entitled to ownership of
the property upon paying the court the difference between the
value of the property and the value of the valid interest.

If the holder of the interest declines to pay the amount determined
under paragraph (2), the court may order the property sold and
designate the prosecutor or any other agency to sell the property.
The designated agency shall be entitled to seize the property and
the holder of the interest shall forward any documentation
underlying the interest, including any ownership certificates for
that property, to the designated agency. The designated agency
shall sell the property and pay the owner of the interest the
proceeds, up to the value of that interest.

(4) If the value of the property is less than the value of the
interest, the designated agency shall sell the property and pay the
owner of the interest the proceeds, up to the value of that interest.

(e) If the defendant was a minor at the time of the offense, this
subdivision shall apply to property subject to forfeiture that is the
property of the parent or guardian of the minor.

(1) The prosecuting agency shall notify the parent or guardian
of the forfeiture hearing at least 30 days before the date set for the
hearing.

(2) The computer or telecommunications device shall not be
subject to forfeiture if the parent or guardian files a signed
statement with the court at least 10 days before the date set for the
hearing that the minor shall not have access to any computer or
telecommunications device owned by the parent or guardian for
two years after the date on which the minor is sentenced.

(3) If the minor is convicted of a violation of Section 288, 288.2,
311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a, 472,
476, 480, or subdivision (b) of Section 484e, subdivision (d) of
Section 484e, subdivision (a) of Section 484f, subdivision (b) of
Section 484i, subdivision (c) of Section 502, or Section 502.7,
502.8, 529, 529a, 530.5, or subdivision (j) of Section 647, within
two years after the date on which the minor is sentenced, and the
violation involves a computer or telecommunications device owned
by the parent or guardian, the original property subject to forfeiture,
and the property involved in the new offense, shall be subject to
forfeiture notwithstanding paragraph (2).

(4) Notwithstanding paragraph (1), (2), or (3), or any other
provision of this chapter, if a minor’s parent or guardian makes
full restitution to the victim of a crime enumerated in this chapter
in an amount or manner determined by the court, the forfeiture
provisions of this chapter do not apply to the property of that parent
or guardian if the property was located in the family’s primary
residence during the commission of the crime.

(f) Notwithstanding any other provision of this chapter, the court
may exercise its discretion to deny forfeiture where the court finds
that the convicted defendant, or minor adjudicated to come within
the jurisdiction of the juvenile court, is not likely to use the
property otherwise subject to forfeiture for future illegal acts.

(g) If the defendant is found to have the only valid interest in
the property subject to forfeiture, it shall be distributed as follows:

(1) First, to the victim, if the victim elects to take the property
as full or partial restitution for injury, victim expenditures, or
compensatory damages, as defined in paragraph (1) of subdivision
(e) of Section 502. If the victim elects to receive the property under
this paragraph, the value of the property shall be determined by
the court and that amount shall be credited against the restitution
owed by the defendant. The victim shall not be penalized for
electing not to accept the forfeited property in lieu of full or partial
restitution.

(2) Second, at the discretion of the court, to one or more of the
following agencies or entities:

(A) The prosecuting agency.

(B) The public entity of which the prosecuting agency is a part.

(C) The public entity whose officers or employees conducted
the investigation resulting in forfeiture.

(D) Other state and local public entities, including school
districts.

(E) Nonprofit charitable organizations.

(h) If the property is to be sold, the court may designate the
prosecuting agency or any other agency to sell the property at
auction. The proceeds of the sale shall be distributed by the court
as follows:

(1) To the bona fide or innocent purchaser or encumbrancer,
conditional sales vendor, or mortgagee of the property up to the
amount of his or her interest in the property, if the court orders a
distribution to that person.

(2) The balance, if any, to be retained by the court, subject to
the provisions for distribution under subdivision (g).

SEC. 3.  

Section 647 of the Penal Code is amended to read:

647.  

Except as provided in subdivision (l), every person who
commits any of the following acts is guilty of disorderly conduct,
a misdemeanor:

(a) Who solicits anyone to engage in or who engages in lewd
or dissolute conduct in any public place or in any place open to
the public or exposed to public view.

(b) Who solicits or who agrees to engage in or who engages in
any act of prostitution. A person agrees to engage in an act of
prostitution when, with specific intent to so engage, he or she
manifests an acceptance of an offer or solicitation to so engage,
regardless of whether the offer or solicitation was made by a person
who also possessed the specific intent to engage in prostitution.
No agreement to engage in an act of prostitution shall constitute
a violation of this subdivision unless some act, in addition to the
agreement, is done within this state in furtherance of the
commission of an act of prostitution by the person agreeing to
engage in that act. As used in this subdivision, “prostitution”
includes any lewd act between persons for money or other
consideration.

(c) Who accosts other persons in any public place or in any
place open to the public for the purpose of begging or soliciting
alms.

(d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.

(e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.

(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.

(g) When a person has violated subdivision (f), a peace officer,
if he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour
treatment and evaluation of inebriates. A peace officer may place
a person in civil protective custody with that kind and degree of
force which would be lawful were he or she effecting an arrest for
a misdemeanor without a warrant. A person who has been placed
in civil protective custody shall not thereafter be subject to any
criminal prosecution or juvenile court proceeding based on the
facts giving rise to this placement. This subdivision shall not apply
to the following persons:

(1) Any person who is under the influence of any drug, or under
the combined influence of intoxicating liquor and any drug.

(2) Any person who a peace officer has probable cause to believe
has committed any felony, or who has committed any misdemeanor
in addition to subdivision (f).

(3) Any person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.

(h) Who loiters, prowls, or wanders upon the private property
of another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, “loiter” means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.

(i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of
any inhabited building or structure, without visible or lawful
business with the owner or occupant.

(j) (1) Any person who looks through a hole or opening, into,
or otherwise views, by means of any instrumentality, including,
but not limited to, a periscope, telescope, binoculars, camera,
motion picture camera, camcorder, or mobile phone, the interior
of a bedroom, bathroom, changing room, fitting room, dressing
room, or tanning booth, or the interior of any other area in which
the occupant has a reasonable expectation of privacy, with the
intent to invade the privacy of a person or persons inside. This
subdivision shall not apply to those areas of a private business
used to count currency or other negotiable instruments.

(2) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by
that other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal
to, or gratify the lust, passions, or sexual desires of that person and
invade the privacy of that other person, under circumstances in
which the other person has a reasonable expectation of privacy.

(3) (A) Any person who uses a concealed camcorder, motion
picture camera, or photographic camera of any type, to secretly
videotape, film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that
other person, in the interior of a bedroom, bathroom, changing
room, fitting room, dressing room, or tanning booth, or the interior
of any other area in which that other person has a reasonable
expectation of privacy, with the intent to invade the privacy of that
other person.

(B) Neither of the following is a defense to the crime specified
in this paragraph:

(i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.

(ii) The victim was not in a state of full or partial undress.

(4) (A) Any person who intentionally distributes the image of
the intimate body part or parts of another identifiable person, or
an image of the person depicted engaged in an act of sexual
intercourse, sodomy, oral copulation, sexual penetration, or an
image of masturbation by the person depicted or in which the
person depicted participates, under circumstances in which the
begin delete persons agree or understand that the image shall end delete begin insert person distributing
the image knows or should know that the depicted person had a
reasonable expectation that the image would end insert remain private, the
person distributing the image knows or should know that
distribution of the image will cause serious emotional distress, and
the person depicted suffers that distress.

(B) A person intentionally distributes an image described in
subparagraph (A) when he or she personally distributes the image,
or arranges, specifically requests, or intentionally causes another
person to distribute that image.

(C) As used in this paragraph, “intimate body part” means any
portion of the genitals, the anus and in the case of a female, also
includes any portion of the breasts below the top of the areola, that
is either uncovered or clearly visible through clothing.

(D) It shall not be a violation of this paragraph to distribute an
image described in subparagraph (A) if any of the following
applies:

(i) The distribution is made in the course of reporting an
unlawful activity.

(ii) The distribution is made in compliance with a subpoena or
other court order for use in a legal proceeding.

(iii) The distribution is made in the course of a lawful public
proceeding.

begin delete

(5) (A) A person who intentionally distributes another person’s
personal identifying information associated with an image of an
intimate body part of that other person without the consent of the
other person.

(B) As used in this paragraph, “personal identifying information”
has the same meaning as defined in Section 530.55.

(C) As used in this paragraph, “intimate body part” has the same
meaning as provided in subparagraph (C) of paragraph (4).

(D) It is not a violation of this paragraph to distribute
information associated with an image as described in subparagraph
(A) if any of the following apply:

(i) The distribution is made in the course of reporting an
unlawful activity.

(ii) The distribution is made in compliance with a subpoena or
other court order for use in a legal proceeding.

(iii) The distribution is made in the course of a lawful public
proceeding.

(iv) The distribution is the republication of otherwise lawful
public material.

end delete begin insert

(iv) The distribution is made in the course of a news account
on a matter of legitimate public concern.

end insert begin insert

(v) The distribution is made in the course of providing medical
services.

end insert begin delete

(6)

end delete

begin insert (5) end insert  This subdivision shall not preclude punishment under any
section of law providing for greater punishment.

(k) (1) In any accusatory pleading charging a violation of
subdivision (b), if the defendant has been once previously convicted
of a violation of that subdivision, the previous conviction shall be
charged in the accusatory pleading. If the previous conviction is
found to be true by the jury, upon a jury trial, or by the court, upon
a court trial, or is admitted by the defendant, the defendant shall
be imprisoned in a county jail for a period of not less than 45 days
and shall not be eligible for release upon completion of sentence,
on probation, on parole, on work furlough or work release, or on
any other basis until he or she has served a period of not less than
45 days in a county jail. In all cases in which probation is granted,
the court shall require as a condition thereof that the person be
confined in a county jail for at least 45 days. In no event does the
court have the power to absolve a person who violates this
subdivision from the obligation of spending at least 45 days in
confinement in a county jail.

(2) In any accusatory pleading charging a violation of
subdivision (b), if the defendant has been previously convicted
two or more times of a violation of that subdivision, each of these
previous convictions shall be charged in the accusatory pleading.
If two or more of these previous convictions are found to be true
by the jury, upon a jury trial, or by the court, upon a court trial, or
are admitted by the defendant, the defendant shall be imprisoned
in a county jail for a period of not less than 90 days and shall not
be eligible for release upon completion of sentence, on probation,
on parole, on work furlough or work release, or on any other basis
until he or she has served a period of not less than 90 days in a
county jail. In all cases in which probation is granted, the court
shall require as a condition thereof that the person be confined in
a county jail for at least 90 days. In no event does the court have
the power to absolve a person who violates this subdivision from
the obligation of spending at least 90 days in confinement in a
county jail.

(3) In addition to any punishment prescribed by this section, a
court may suspend, for not more than 30 days, the privilege of the
person to operate a motor vehicle pursuant to Section 13201.5 of
the Vehicle Code for any violation of subdivision (b) that was
committed within 1,000 feet of a private residence and with the
use of a vehicle. In lieu of the suspension, the court may order a
person’s privilege to operate a motor vehicle restricted, for not
more than six months, to necessary travel to and from the person’s
place of employment or education. If driving a motor vehicle is
necessary to perform the duties of the person’s employment, the
court may also allow the person to drive in that person’s scope of
employment.

(l) (1) A second or subsequent violation of subdivision (j) is
punishable by imprisonment in a county jail not exceeding one
year, or by a fine not exceeding two thousand dollars ($2,000), or
by both that fine and imprisonment.

(2) If the victim of a violation of subdivision (j) was a minor at
the time of the offense, the violation is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and
imprisonment.

(m) (1) If a crime is committed in violation of subdivision (b)
and the person who was solicited was a minor at the time of the
offense, and if the defendant knew or should have known that the
person who was solicited was a minor at the time of the offense,
the violation is punishable by imprisonment in a county jail for
not less than two days and not more than one year, or by a fine not
exceeding ten thousand dollars ($10,000), or by both that fine and
imprisonment.

(2) The court may, in unusual cases, when the interests of justice
are best served, reduce or eliminate the mandatory two days of
imprisonment in a county jail required by this subdivision. If the
court reduces or eliminates the mandatory two days’ imprisonment,
the court shall specify the reason on the record.

SEC. 4.  

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.