BILL NUMBER: AB 1998	CHAPTERED  09/01/00

	CHAPTER   274
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 2000
	APPROVED BY GOVERNOR   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 21, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   JUNE 21, 2000
	AMENDED IN SENATE   JUNE 8, 2000

INTRODUCED BY   Assembly Member Dutra

                        FEBRUARY 18, 2000

   An act to amend Section 12680 of the Health and Safety Code,
relating to fireworks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1998, Dutra.  Dangerous fireworks.
   (1) Existing law makes it a misdemeanor to place, throw, discharge
or ignite, or fire dangerous fireworks at any person or group of
persons where there is a likelihood of injury.
   This bill would extend this prohibition to where the dangerous
fireworks are placed, thrown, discharged or ignited, or fired at or
near any person or group of persons with the intent of creating
chaos, fear, or panic or where there is a likelihood of injury.  This
bill would exempt from this prohibition any person 21 years of age
or older who holds a fireworks license.  By expanding the scope of an
existing crime, this bill would impose a state-mandated local
program.
  (2) 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 12680 of the Health and Safety Code is amended
to read:
   12680.  (a) Except as provided in subdivision (b) or (c), it is
unlawful for any person to place, throw, discharge or ignite, or fire
dangerous fireworks at or near any person or group of persons where
there is a likelihood of injury to that person or group of persons or
when the person willfully places, throws, discharges, ignites, or
fires the fireworks with the intent of creating chaos, fear, or
panic.
   (b) Subdivision (a) does not apply to a person described in
Section 12517 who uses special effects.  For purposes of this
subdivision, "special effects" means articles containing any
pyrotechnic composition manufactured and assembled, designed, or
discharged in connection with television, theater, or motion picture
productions, which may or may not be presented before live audiences,
and any other articles containing any pyrotechnic composition used
for commercial, industrial, educational, recreational, or
entertainment purposes when authorized by the authority having
jurisdiction.
   (c) Subdivision (a) does not apply to a person holding a fireworks
license issued pursuant to Chapter 5 (commencing with Section
12570).
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.